Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Warranty and Disclaimer. 10.1. (a) Except with respect to a Free trial any Sample Application Code, Trial Version and Not For Resale Version of the ProductSoftware, Deep Netts LLC Evolphin warrants that, for a period of thirty ninety (3090) days from the date of purchase delivery (as evidenced by a copy of Your your receipt): (i) when used with a recommended hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only Software; and (ii) the physical media on initial Product purchases which the Software is furnished will be free from defects in materials and does not apply to Maintenance Subscription renewals or Updatesworkmanship under normal use. 10.2. Deep Netts LLC (b) EVOLPHIN PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE PRODUCTSOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE FREE TRIAL NOT FOR RESALE VERSION OF THE PRODUCT IS SOFTWARE ARE PROVIDED "AS IS". 10.3. Deep Netts LLC (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, Evolphin AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Evolphin DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC Evolphin SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. (e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCEvolphin, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (f) ( USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. (g) Evolphin hereby represents and warrants that: (i) It has the adequate power and authority to enter into and perform this Agreement and that such ability is not limited or restricted by any agreements or understandings between Evolphin and other persons or companies.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC (a) Arrikto warrants that, for a period of thirty ninety (3090) days from the date of purchase delivery (as evidenced by a copy of Your your receipt): (i) when used with a recommended hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only Software; and (ii) the physical media on initial Product purchases which the Software is furnished will be free from defects in materials and does not apply to Maintenance Subscription renewals or Updatesworkmanship under normal use. 10.2. Deep Netts LLC PROVIDES NO REMEDIES OR WARRANTIES(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC ARRIKTO AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON- INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ARRIKTO DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC ARRIKTO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4(c) DATA LOSS, DATA CORRUPTION & HARDWARE MALFUNCTION DISCLAIMER Arrikto’s employees and/or appointed contractors are trained and committed to exercise all possible efforts to safeguard your hardware, your Node and loaded software and data by observing standard protection procedures and utmost precaution in the performance of their work. Nonetheless, handling of hardware components and/or installation, upgrade and reconfiguration of operating systems and software applications can be uncertain. IN NO EVENT WILL ARRIKTO, ITS EMPLOYEES AND/OR APPOINTED CONTRACTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, OR ARISING FROM THE WORKS PERFORMED ON YOUR HARDWARE, NODE, OPERATING SYSTEMS AND SOFTWARE APPLICATIONS, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, CORRUPTION OF DATA AND HARDWARE AND NODE MALFUNCTION. YOU ARE FULLY RESPONSIBLE FOR PERFORMING ANY REQUIRED BACKUP, DATA PROTECTION, HARDWARE AND NODE MAINTENANCE BEFORE THE COMMENCEMENT OF ANY WORK BY ARRIKTO, ITS EMPLOYEES AND/OR APPOINTED CONTRACTORS. YOUR OBLIGATIONS IN RESPECT OF PRESERVATION OF DATA AND MAINTENANCE: During the Term of the XXXX, you shall: 1) from a point in time prior to the point of failure, (i) make full and/or incremental backups of data which allow recovery in an application consistent form, and (ii) store such back-ups at an off-site location sufficiently distant to avoid being impacted by the event(s) (e.g. including but not limited to flood, fire, power loss, denial of access or air crash) and affect the availability of data at the impacted site; 2) have adequate processes and procedures in place to restore data back to a point in time and prior to point of failure, and in the event of real or perceived data loss and corruption, provide the skills/backup and outage windows to restore the data in question; 3) use anti-virus software, regularly install updates across all data which is accessible across the network, and protect all storage arrays against power surges and unplanned power outages with uninterruptible power supplies; 4) ensure that all operating system, firmware, system utility (e.g. but not limited to, volume management, cluster management and backup) and patch levels are kept to Arrikto’s recommended versions and that any proposed changes thereto shall be communicated to Arrikto in a timely fashion; and 5) ensure that all maintenance procedures of your hardware and node are updated and applied in a proper manner. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. (e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCARRIKTO, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Warranty and Disclaimer. 10.1. a) Except with respect to a Free trial of the Product, Deep Netts LLC any Sample Application Code ikeGPS warrants that, for a period of thirty ninety (3090) days from the date of purchase delivery (as evidenced by a copy of Your your receipt) ) i. when used with a recommended hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates.Software; and 10.2. Deep Netts LLC PROVIDES b) IKEGPS AND GE PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS ANY SAMPLE APPLICATION CODE. ANY SAMPLE APPLICATION CODE OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS SOFTWARE ARE PROVIDED "AS IS". 10.3. Deep Netts LLC c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODEIKEGPS AND GE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. IKEGPS AND GE DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN THIS XXXX WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE PRODUCT SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, . IKEGPS AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC GE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCIKEGPS AND GE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. f) (USA and EU only) SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. g) Extended warranties, licensing, and maintenance beyond the initial established period, are available for purchase from ikeGPS.

Appears in 1 contract

Samples: Rider to Manufacturer Agreement

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC Madison warrants that, for a period of thirty ninety (3090) days from the date of purchase the Assessment Tests and/or the Madison Software are made available to you (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configurationthe “Warranty Period”), the Product will unmodified Assessment Tests and the Madison Software will, under normal use, substantially perform the functions described in substantial conformance with the documentation supplied with the ProductDocumentation. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC PROVIDES NO REMEDIES EXCEPT AS EXPRESSLY WARRANTED IN THIS SECTION 11, THE ASSESSMENT TESTS AND THE MADISON SOFTWARE, AND ANY OTHER, DOCUMENTATION, MATERIALS AND/OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS DATA PROVIDED "BY MADISON ARE PROVIDED “AS IS". 10.3. Deep Netts LLC ,” AND ITS SUPPLIERS DISCLAIM MADISON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONSOF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, OR OTHERWISEINCLUDING, INCLUDING THE BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OPERABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC NO WARRANTY IS MADE BY MADISON ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. MADISON DOES NOT WARRANT THAT THE PRODUCT IS ASSESSMENT TESTS, THE MADISON SOFTWARE OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE FREE, OR THAT ALL ERRORS WILL OPERATE WITHOUT INTERRUPTIONBE CORRECTED. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED YOU ACKNOWLEDGE THAT MADISON’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESYOUR BENEFIT ONLY. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Warranty and Disclaimer. 10.19.1 Rampiva warrants that (i) it and each of its employees that provide and perform the Services have the necessary knowledge, skills, experience, qualifications, and resources to provide and perform the Services; and (ii) the Services will be performed for and delivered to Customer in accordance with industry standards, laws and governmental regulations applicable to the performance of such services. Except with respect Rampiva’s ability to a Free trial successfully perform hereunder is dependent upon Customer’s provision of timely information, access to resources, and participation. If through no fault or delay of Customer, the Services do not conform to the foregoing warranty, and Customer notifies Rampiva within ten (10) days of Rampiva’s delivery of the ProductServices, Deep Netts LLC warrants thatRampiva’s entire liability and Customer’s sole remedy will be for Rampiva to either, at Rampiva’s discretion, (i) re-perform the non-conforming portions of the Services or (ii) refund the fees paid by Customer in the applicable Order for a period the non-conforming portions of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or UpdatesServices. 10.29.2 THE WARRANTIES STATED IN SECTION 9.1 ABOVE ARE THE EXCLUSIVE OBLIGATIONS OF RAMPIVA, AND THE SOLE REMEDIES OF CUSTOMER, RELATED TO THE SERVICES AND DELIVERABLES TO BE PERFORMED FOR AND DELIVERED TO CUSTOMER PURSUANT TO THIS AGREEMENT AND ANY ORDER. Deep Netts LLC PROVIDES NO REMEDIES WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR WARRANTIESTERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM RAMPIVA DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. DEEP NETTS LLC RAMPIVA DOES NOT WARRANT THAT THE PRODUCT IS DELIVERABLES OR SERVICES ARE ERROR-FREE OR THAT THE PRODUCTS PROVIDED WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. 9.3 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE DURATION OF DELIVERYTHE TERM. 10.5. 9.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCRAMPIVA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: Professional Services Agreement

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product13.1 AMANO AND ITS SUPPLIERS MAKE NO REPRESENTATION, Deep Netts LLC warrants thatWARRANTY, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configurationOR GUARANTY AS TO THE RELIABILITY, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or UpdatesTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICES OR ANY USER DATA. 10.2. Deep Netts LLC 13.2 AMANO AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SUBSCRIPTION SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. 13.3 AMANO PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCTSUBSCRIPTION SERVICES. THE FREE TRIAL OF THE PRODUCT IS SUBSCRIPTIONS ARE EXPLICITLY PROVIDED "AS IS"” EXCEPT AS EXPLICITLY SET FORTH HEREIN. 10.3. Deep Netts LLC 13.4 AMANO AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. XXXXX DOES NOT WARRANT THAT THE PRODUCT IS SUBSCRIPTION WILL PERFORM ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT IS UCC WILL BE CONFERRED UNLESS OTHERWISE EXPLICITLY AND EXPRESSLY GRANTED HEREIN. THE SUBSCRIPTION SERVICES ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC AMANO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO 13.5 AMANO AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE PRODUCT, ALL SUCH WARRANTIES SUBSCRIPTION SERVICES OR THE SERVER(S) THAT MAKE THE SUBSCRIPTION SERVICES AVAILABLE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE FREE OF DELIVERYVIRUSES OR OTHER HARMFUL COMPONENTS. 10.5. 13.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCXXXXX, ITS DEALERS, DISTRIBUTORS, AFFILIATES, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 13.7 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO ORGANIZATION. THIS WARRANTY GIVES ORGANIZATION SPECIFIC LEGAL RIGHTS AND ORGANIZATION MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: Software Hosting and End User License Agreement

Warranty and Disclaimer. 10.18.1. Except with respect to a Free trial of the Product, Deep Netts LLC Licensor warrants that, for a period of thirty (30) days from the date of purchase payment of license fee (as evidenced by a copy of Your receipt) when used with a recommended software and hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the ProductSoftware. This For avoidance of doubts, this warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals maintenance and Software updates. If you report a breach of warranty to Licensor no more than thirty (30) days from the date of purchase, you will be supplied with a replacement copy of the Software that substantially conforms to the documentation, or Updatesotherwise you will receive a refund. 10.28.2. Deep Netts LLC PROVIDES NO REMEDIES TRIAL VERSION OF THE SOFTWARE IS PROVIDED AS IS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR WARRANTIESIMPLIED. 8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSINCLUDING, WHETHER EXPRESSWITHOUT LIMITATION, IMPLIED, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. DEEP NETTS LLC DOES LICENSORDOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. LICENSORIS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE PRODUCT SOFTWARE UNLESS YOU PURCHASED MAINTENANCE SUBSCRIPTION SERVICES. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS VOID IF NONPERFORMANCE OF THE SOFTWARE IS DUE TO ABUSE OR MISAPPLICATION. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY LICENSOR REGARDING THE SOFTWARE. NO EMPLOYEE, AGENT OR CONTRACTOR OF LICENSORIS ENTITLED TO MODIFY THIS LIMITED WARRANTY. LICENSORTOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. 8.4. IN NO CASE LICENSOR SHALL BE LIABLE FOR TYPICAL (HIGH POWER, THIRD PARTY INFLUENCES, INTERNET TREATS) AND UNPREDICTABLE CONSEQUENTIAL DAMAGES. LIKEWISE, LICENSOR SHALL NOT DESIGNEDBE LIABLE FOR ANY DAMAGE THE CUSTOMER COULD HAVE PREVENTED BECAUSE OF REASONABLE MEASURES, INTENDED IN PARTICULAR PROGRAM OR LICENSED DATA BACKUP AND ADEQUATE TRAINING OF THE USER. LICENSOR 8.5. Your exclusive remedy for breach of warranty is to return the Software, with a copy of receipt and a description of the problem. Licensor shall have no responsibility if the failure arises out of use of the Software with other than a recommended hardware configuration. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION BREACH OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERYSOFTWARE. 10.58.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCLicensor will not be liable hereunder by reasons of failure or delay in the performance of its obligations hereunder on account of strikes, ITS DEALERSepidemics, DISTRIBUTORSshortages, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREINriots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, government action, labor conditions, or any other cause which is beyond its control.

Appears in 1 contract

Samples: End User License Agreement

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty (30a) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC MOBILEFX PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE PRODUCTSOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE FREE TRIAL NOT FOR RESALE VERSION OF THE PRODUCT IS SOFTWARE ARE PROVIDED "AS IS". 10.3. Deep Netts LLC (b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, MOBILEFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON- INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MOBILEFX DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC MOBILEFX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. (c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERYDELIVERY PROVIDED THAT THE SOFTWARE IS USED IN ACCORDANCE WITH ITS DOCUMENTATION AND SOFTWARE AND HARDWARE SPECIFICATIONS. 10.5. (d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCMOBILEFX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Warranty and Disclaimer. 10.19.1. Except with respect to a Free trial of the Product, Deep Netts LLC Licensor warrants that, for a period of thirty (30) days from the date of purchase payment of license fee (as evidenced by a copy of Your receipt) when used with a recommended software and hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the ProductSoftware. This For avoidance of doubts, this warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updatesmaintenance and Software updates. If you report a breach of warranty to Licensor no more than thirty (30) days from the date of purchase, you will be supplied with a replacement copy of the Software that substantially conforms to 9.2. TRIAL VERSION OF THE SOFTWARE IS PROVIDED AS IS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 10.29.3. Deep Netts LLC PROVIDES NO REMEDIES OR WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER LICENSOR DISCLAIMSANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSINCLUDING, WHETHER EXPRESSWITHOUT LIMITATION, IMPLIED, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. DEEP NETTS LLC LICENSOR DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE PRODUCT LICENSOR IS NOT DESIGNEDOBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE UNLESS YOU PURCHASED MAINTENANCE SUBSCRIPTION SERVICES. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS VOID IF NONPERFORMANCE OF THE SOFTWARE IS DUE TO ABUSE OR MISAPPLICATION. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY LICENSOR REGARDING THE SOFTWARE. NO EMPLOYEE, INTENDED AGENT OR LICENSED CONTRACTOR OF LICENSORIS ENTITLED TO MODIFY THIS LIMITED WARRANTY. LICENSOR’S TOTAL LIABILITY TO YOU FOR USE ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. 9.4. IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSNO CASE LICENSOR SHALL BE LIABLE FOR TYPICAL (HIGH POWER, INCLUDING WITHOUT LIMITATIONTHIRD PARTY INFLUENCES, INTERNET TREATS) AND UNPREDICTABLE CONSEQUENTIAL DAMAGES. LIKEWISE, LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGE THE DESIGNCUSTOMER COULD HAVE PREVENTED BECAUSE OF REASONABLE MEASURES, CONSTRUCTIONIN PARTICULAR PROGRAM OR DATA BACKUP AND ADEQUATE TRAINING OF THE USER. LICENSOR LIABILITY IS LIMITED TO THE AMOUNTS PAID FOR THE SOFTWARE FOR WHICH THIS XXXX APPLY. LICENSOR LIABILITY FOR ECONOMIC DAMAGES AND LOST ECONOMIC PROFIT IS GENERALLY EXCLUDED AND DISCLAIMED. 9.5. Your exclusive remedy for breach of warranty is to return the Software, MAINTENANCE OR OPERATION with a copy of receipt and a description of the problem. Licensor shall have no responsibility if the failure arises out of use of the Software with other than a recommended hardware configuration. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERYSOFTWARE. 10.59.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCLicensor will not be liable hereunder by reasons of failure or delay in the performance of its obligations hereunder on account of strikes, ITS DEALERSepidemics, DISTRIBUTORSshortages, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREINriots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, government action, labor conditions, or any other cause which is beyond its control.

Appears in 1 contract

Samples: End User License Agreement

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Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the ProductNOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Deep Netts LLC warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC DATAMACAW PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS SOFTWARE “AS-IS". 10.3. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONSCONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DEEP NETTS LLC DATAMACAW DOES NOT WARRANT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. DATAMACAW MAKES NO WARRANTY THAT THE PRODUCT IS OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE FREE, OR THAT ALL DEFECTS IN THE SOFTWARE CAN OR WILL OPERATE WITHOUT INTERRUPTIONBE CORRECTED. YOU MUST DETERMINE WHETHER THE PRODUCT IS NOT DESIGNEDSOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY, INTENDED PERFORMANCE, AND UNINTERRUPTIBILITY. YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR, AND DATAMACAW DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSDAMAGES, INCLUDING WITHOUT LIMITATIONTO YOUR DATA, SERVICES, BUSINESS, REVENUES, OR PROFITS RESULTING FROM YOUR USE OF THE DESIGNSOFTWARE. IN PARTICULAR, CONSTRUCTIONDATAMACAW WILL NOT, MAINTENANCE UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR OPERATION LIABLE FOR THE LOSS OF NUCLEAR FACILITIESDATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. You are advised to use redundant and backup storage systems and to have a viable plan in place with said systems ("Disaster Recovery Plan") for the potential loss, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMScorruption, AIR TRAFFIC CONTROLoverwrite, AND LIFE SUPPORT OR WEAPONS SYSTEMSmisplacement and/or any other possible variance of a data loss scenario including but not limited to computing resources errors or failures, Software errors or failures, you, your employee or designated operator errors or failures, and/or any other network or environmental factors on or around the Software. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESFurther, due to the continual development of new techniques for intruding upon and attacking networks, DataMacaw does not warrant that the Software or any computing resources on which the Software is Used will be free of vulnerability to intrusion, virus attack or hacker attacks. The Software is not designed or intended for Use in activities requiring fail-safe performance, including, but not limited to, medical, nuclear, aviation, navigation, military, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities") and you may not Use the Software for any such purposes. DataMacaw and its licensors expressly (a) disclaim any express or implied warranty of fitness and (b) disclaim and are released from any responsibility or liability for any and all damages that may be incurred due to the Use of the Software in such High-Risk Activities. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Warranty and Disclaimer. 10.1. Except with respect 17.1 Supplier hereby represents and warrants that the Product(s) will conform to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform specification and documentation during the periods set forth in substantial conformance with Exhibit B under the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updatesheading “Super Micro Limited Warranty. 10.2. Deep Netts LLC PROVIDES 17.2 EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, THE FOREGOING STATES THE SOLE WARRANTY AND EXCEPT AS SET FORTH IN WRITING IN THIS AGREEMENT, SUPPLIER MAKES NO REMEDIES OR PERFORMANCE REPRESENTATIONS, WARRANTIES, WHETHER OR GUARANTEES, EITHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC PRODUCTS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ANY SERVICES COVERED BY OR OTHERWISEFURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING THE WARRANTIES WITHOUT LIMITATION ANY IMPLIED WARRANTY (A) OF MERCHANTABILITY OR MERCHANTABILITY, (B) OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. DEEP NETTS LLC DOES NOT WARRANT THAT THE PROVISIONS OF THE FOREGOING LIMITED WARRANTY AND WARRANTY DISCLAIMER ARE REFLECTED IN THE PRODUCT PRICES. 17.3 Stored Data. OEM will be responsible for saving or backing up data contained in any Product returned to Supplier for in-warranty or out-of-warranty repairs or service. SUPPLIER WILL HAVE NO RESPONSIBILITY FOR SUCH DATA AND WILL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTIONIN SUPPLIER’S POSSESSION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION 18. LIMITATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.LIABILITY [***]

Appears in 1 contract

Samples: Oem Purchase Agreement (Nutanix, Inc.)

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty (30a) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC MOBILEFX PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE PRODUCTSOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE FREE TRIAL NOT FOR RESALE VERSION OF THE PRODUCT IS SOFTWARE ARE PROVIDED "AS IS". 10.3. Deep Netts LLC (b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, MOBILEFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MOBILEFX DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC MOBILEFX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. (c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERYDELIVERY PROVIDED THAT THE SOFTWARE IS USED IN ACCORDANCE WITH ITS DOCUMENTATION AND SOFTWARE AND HARDWARE SPECIFICATIONS. 10.5. (d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLCMOBILEFX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Warranty and Disclaimer. 10.1. Except with respect to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty PUBLISHER WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (3090) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates. 10.2. Deep Netts LLC PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS DAYS FROM THE DATE OF PURCHASE AS EVIDENCED BY A COPY OF THE PRODUCTSALES RECEIPT OR PACKING SLIP. THE FREE TRIAL PUBLISHER's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE PRODUCT IS PROVIDED "AS IS". 10.3DEFECTIVE MEDIA OR REFUND OF THE PURCHASE PRICE (AT PUBLISHER's ELECTION) UPON RETURN OF THE SOFTWARE TO PUBLISHER WITH A COPY OF YOUR PROOF OF PURCHASE. Deep Netts LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER PUBLISHER WILL HAVE NO RESPONSIBILITY TO REPLACE ANY MEDIA DAMAGED BY ACCIDENT, ABUSE OR MISAPPLICATION. ANY IMPLIED WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, AND/OR OTHERWISECONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. 10.5. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND/OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THIRD PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS PUBLISHER OR EMPLOYEES AN AUTHORISED REPRESENTATIVE OF PUBLISHER SHALL CREATE A WARRANTY WARRANTIES AND/OR CONDITIONS OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREINTHIS LIMITED WARRANTY. YOU (AND NOT PUBLISHER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Warranty and Disclaimer. 10.1. (a) Except with respect to a Free trial the Sample Application Code and the Trial Version, the Developer Version and Not For Resale Version of the ProductSoftware, Deep Netts LLC Macromedia warrants that, for a period of thirty ninety (3090) days from the date of purchase delivery (as evidenced by a copy of Your your receipt): (i) when used with a recommended hardware and software configuration, the Product Software will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only Software; and (ii) the physical media on initial Product purchases which the Software is furnished will be free from defects in materials and does not apply to Maintenance Subscription renewals or Updatesworkmanship under normal use. 10.2. Deep Netts LLC (b) MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE TRIALS THE SAMPLE APPLICATION CODE OR THE TRIAL VERSION, THE DEVELOPER VERSION AND THE NOT FOR RESALE VERSION OF THE PRODUCTSOFTWARE. THE FREE SAMPLE APPLICATION CODE AND THE TRIAL VERSION, THE DEVELOPER VERSION AND THE NOT FOR RESALE VERSION OF THE PRODUCT IS SOFTWARE ARE PROVIDED "AS IS". 10.3. Deep Netts LLC (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE SAMPLE APPLICATION CODE AND THE TRIAL VERSION, THE DEVELOPER VERSION AND NOT FOR RESALE VERSION, MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEEP NETTS LLC DOES NOT WARRANT THAT THE PRODUCT ALSO, THERE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED NO WARRANTY OF FITNESS FOR SUCH PURPOSESNON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Macromedia does not warrant that the Software is error-free or will operate without interruption. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Macromedia specifically disclaims any express or implied warranty of fitness for such purposes. 10.4. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTSOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC(e) No oral or written information or advice given by Macromedia, ITS DEALERSits dealers, DISTRIBUTORSdistributors, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN agents or employees shall create a warranty or in any way increase the scope of ANY WAY INCREASE THE SCOPE OF ANY WARRANTY warranty PROVIDED HEREIN. (f) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: Macromedia Flash Communication Server License Agreement (Vitalstream Holdings Inc)

Warranty and Disclaimer. 10.1. Except with respect 17.1 Supplier hereby represents and warrants that the Product(s) will conform to a Free trial of the Product, Deep Netts LLC warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware and software configuration, the Product will perform specification and documentation during the periods set forth in substantial conformance with Exhibit B under the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updatesheading “Super Micro Limited Warranty. 10.2. Deep Netts LLC PROVIDES 17.2 EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, THE FOREGOING STATES THE SOLE WARRANTY AND EXCEPT AS SET FORTH IN WRITING IN THIS AGREEMENT, SUPPLIER MAKES NO REMEDIES OR PERFORMANCE REPRESENTATIONS, WARRANTIES, WHETHER OR GUARANTEES, EITHER EXPRESS OR IMPLIED, FOR FREE TRIALS OF ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT. THE FREE TRIAL OF THE PRODUCT IS PROVIDED "AS IS". 10.3. Deep Netts LLC PRODUCTS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ANY SERVICES COVERED BY OR OTHERWISEFURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING THE WARRANTIES WITHOUT LIMITATION ANY IMPLIED WARRANTY (A) OF MERCHANTABILITY OR MERCHANTABILITY, (B) OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. DEEP NETTS LLC DOES NOT WARRANT THAT THE PROVISIONS OF THE FOREGOING LIMITED WARRANTY AND WARRANTY DISCLAIMER ARE REFLECTED IN THE PRODUCT PRICES. 17.3 Stored Data. OEM will be responsible for saving or backing up data contained in any Product returned to Supplier for in-warranty or out-of-warranty repairs or service. SUPPLIER WILL HAVE NO RESPONSIBILITY FOR SUCH DATA AND WILL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEEP NETTS LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESSUPPLIER’S POSSESSION. 10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEEP NETTS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: Oem Purchase Agreement (Nutanix, Inc.)

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