Warranty and Disclaimer of Warranty. 4.1 Licensor warrants that the Software Products, other than the data base portion of the Software Product covered by this Agreement, will, at the time of Turnover, substantially conform to its functional description in Licensor's technical proposal. Licensee's sole remedy and Licensor's sole obligation shall be to deliver any amendments or alterations required to correct any such non-conforming Software which is found to be defective within a period of one (1) year after Turnover and which significantly affects its performance.
4.2 Licensor warrants that the data base portion of the Software Product covered by this License shall substantially conform to the site dependent data submitted by Licensee. Licensee's sole remedy and Licensor's sole obligation shall be to correct any nonconforming data base which is found to be defective within a period of ninety (90) days after Turnover.
4.3 The foregoing warranties do not extend to defects or non-conformities from any cause, including but not limited to, abuse, acts of God, improper installation, modifications or maintenance (if performed by other than Licensor) and other defects traceable to Licensee's acts or omissions; or defects or nonconformities in software, firmware or data base traceable to Licensee's errors, modifications or system changes.
4.4 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER FURTHER AGREES THAT LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR USE, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND AGAINST BUYER BY ANY OTHER PARTY. IN NO EVENT WILL LICENSOR BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty and Disclaimer of Warranty. Seller Product Hardware is warranted as free from defects in materials and workmanship for a period of one year after shipment. In the event of warranty claims hereunder, Reseller shall return ship to seller, prepaid, with a written description of the basis for warranty claim for a final determination by Seller. Warranty-covered items shall be repaired or replaced by Seller and shipped to Reseller, at Seller's expense. All Seller Product Software is delivered "AS IS". SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO SELLER PRODUCT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT THERE IS NO EXPRESSED OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. SELLER SHALL NOT BE FOUND LIABLE FOR ANY MONETARY DAMAGES OF ANY KIND WHATESOEVER RELATED TO THE USE OF SELLER PRODUCTS, AND ANY AND ALL RISK OF SUCH USE IS HEREBY SPECIFICALLY ASSUMED BY RESELLER.
Warranty and Disclaimer of Warranty. Integritie shall perform its obligations in a professional manner in accordance with generally recognised commercial practices and standards and with reasonable skill and care and within a reasonable time and rate for such services. Except as specifically set forth herein all express or implied representations and warranties, including any implied warranty of satisfactory quality or fitness for a particular purpose are hereby disclaimed. Without limitation to the foregoing Integritie expressly does not warranty that the operation of the Customer’s business will be uninterrupted or that the software will be error free.
Warranty and Disclaimer of Warranty. Seller makes the express warranty as set forth below, solely to the original equipment manufacturer Buyer who purchased the Products directly from Seller, natural or corporate. The original equipment manufacturer Buyer shall not assume for Seller, by way of warranty, contract or otherwise, any obligations or liabilities in connection with resale, by any person, including the OEM, of any material delivered by Seller pursuant to the order made in connection herewith. The sole and exclusive obligation of Seller under this Warranty is to credit the account of the original equipment manufacturer Buyer for the amount of the purchase price that the original equipment manufacturer Buyer paid Seller for the Products or the component parts manufactured by Seller (the “Component Parts”), found upon inspection by Seller to be inoperative solely due to a defect in material or workmanship, and received by Seller within twenty (20) months from the date of manufacture if manufactured within the United States, or within twenty-four (24) months from the date of manufacture if manufactured outside the United States, as determined from the Product code plate/serial label. Condensing units must be returned with the compressor to qualify for Warranty disposition. The LIMITED WARRANTY contained herein is further limited as follows so that such obligations WILL NOT:
(i) Impose on Seller any liability for any costs or expenses incurred by any other person concerning the repair or replacement of any Product or Component Part;
(ii) Extend to any Product or Component Part that becomes inoperative:
a. Due to the failure of, or any defect in, any refrigeration system, refrigeration device or any component part thereof using such Product or Component Part not attributable solely and exclusively to such Product or Component Part,
b. Because of system processing, design or installation, or
c. Because of a failure to follow any directions, manuals and precautions provided by Seller;
(iii) Preclude, limit or restrict the right of Seller to make changes against the Buyer attendant to any in-Warranty return where Seller's inspection of the Product or Component Part indicates that there is no defect in material or workmanship;
(iv) Impose any liability on Seller for any transportation costs other than the Freight Allowance described in the Seller's General Policy and Return Goods Procedure for Original Equipment Manufacturers Only, available upon request;
(v) Extend to any loss of, or damage t...
Warranty and Disclaimer of Warranty. Willxxxx xxxrants that On-Net Services shall be provided to SBCS in accordance with the applicable Technical Specifications set forth in Schedule B. Wxxxxxxx xxxll use all commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Services and restore such Services to comply with the terms hereof. THE FOREGOING WARRANTY, THE CREDITS, DELAY REMEDIES AND OTHER PROVISIONS OF THIS AGREEMENT FOR THE FAILURE TO COMPLY WITH THIS WARRANTY ARE THE EXCLUSIVE WARRANTY AND REMEDY PROVIDED TO SBCS FOR BREACH OF THIS WARRANTY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer of Warranty. Seller warrants that Services or Ancillary Service shall be provided to Customer in accordance with the technical parameters set forth in the applicable Service Schedule. Seller shall use commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Services or Ancillary Service and restore such Services or Ancillary Service to comply with the terms hereof. THE FOREGOING WARRANTY AND THE OUTAGE CREDITS REMEDY PROVIDED TO CUSTOMER AS SET FORTH IN THE APPLICABLE SERVICE SCHEDULE FOR THE FAILURE TO COMPLY WITH THIS WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer of Warranty. Metricom offers no warranties, express or implied, regarding the accuracy, sufficiency or suitability of Ricochet, its software or other Ricochet materials provided to Subscriber. Subscriber has the sole responsibility for inspecting and testing all services to Subscriber's satisfaction before using them with important data. Metricom makes no warranties or representations whatsoever regarding any goods or services provided by any third parties pursuant to Subscriber's use of Ricochet and Metricom shall not be a party to such transactions or be liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of such third parties. RICOCHET IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SUBSCRIBER. THIS WARRANTY GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS AND SUBSCRIBER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Warranty and Disclaimer of Warranty. 17.1 FOR AP(S) DEVELOPED BY SOLUTION PROVIDER
Warranty and Disclaimer of Warranty. BlackFog warrants that it has the authority and right and has obtained all intellectual property rights necessary to license the Software pursuant to the terms of this Agreement. BlackFog also warrants that the Software will substantially conform to the documentation provided to Licensee. BlackFog's entire liability under this warranty shall be, at BlackFog's option, to either (a) refund the price paid for the Software, or (b) repair and replace the full Software. BlackFog's warranty and obligation shall extend for thirty (30) days after initial installation of the Software by Licensee ("Warranty Period"), and is solely for the benefit of Licensee, who has no authority to assign or pass through this warranty to any other person or entity. This warranty shall not apply if Software is used other than in accordance with BlackFog's written instructions, or if any of Licensee's hardware equipment associated with the use of Software malfunctions and such malfunction causes the warranty breach.
Warranty and Disclaimer of Warranty. Willxxxx xxxrants that Services or Ancillary Service shall be provided to USWC in accordance with the technical parameters set forth in the applicable Service Schedule. Willxxxx xxxll use commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Services or Ancillary Service and restore such Services or Ancillary Service to comply with the terms hereof. THE FOREGOING WARRANTY AND THE OUTAGE CREDITS REMEDY PROVIDED TO USWC AS SET FORTH IN THE APPLICABLE SERVICE SCHEDULE FOR THE FAILURE TO COMPLY WITH THIS WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
