WARRANTY AND EXCLUSIVE REMEDY Sample Clauses

WARRANTY AND EXCLUSIVE REMEDY. 12.1 Xpand warrants that it will perform the Services with all reasonable skill and care; 12.2 Notwithstanding the generality of the foregoing Xpand makes no warranty that all or any of the Deliverables will be suitable for or to enable the Customer to achieve any particular purpose even when such purpose has been notified to Xpand. 12.3 The content accessed through use of the Services is provided for general information only and is not intended to be used as the sole basis for any business decision. It is not intended to amount to advice (of any nature) on which the Customer should rely. The Customer must obtain professional or speciality advice before taking or refraining from any action made based on the result of content accessed through use of the Services. 12.4 To the maximum extent permitted by law, Xpand expressly disclaims all warranties and representations with respect to the Services not expressly set forth in the Agreement, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of fitness for a particular purpose, accuracy or completeness of responses or results from use of the Services, that the Services will meet specific requirements, will be available or uninterrupted, secure or free of software errors. The Customer acknowledges and agrees that the Services are provided on an “as is” basis and, to the maximum extent permitted by law, without any warranty of any kind and that the entire risk as to the quality and performance of the Services shall be borne by the Customer. 12.5 Xpand does not and cannot control the flow of information to or from Xpand’s network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times actions or omissions of such third parties can impair or disrupt the Customer’s connection to the internet (or portions thereof). Xpand cannot guarantee such events will not occur. Accordingly, to the maximum extent permitted by law, Xpand disclaims any and all liability resulting from or related to such events. 12.6 Xpand will not be liable for any loss or damage caused by a virus, distributed denial- of-service attack, or other technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to the Customer’s use of the Services or to the Customer’s downloading of any content on the Xpand Website or Services...
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WARRANTY AND EXCLUSIVE REMEDY. 10.1 SA Group Ltd warrants that it shall use reasonable skill and care in performance of the Services, but makes no warranty that all or any of the Deliverables will be suitable to enable the Customer to achieve any particular purpose even when such purpose has been notified to SA Group Ltd. 10.2 SA Group Ltd makes no warranty that all or any of the Deliverables will not infringe the rights of any third party. 10.3 SA Group Ltd makes no warranty and accepts no liability for the use made of all or any of the Deliverables by the Customer or by any third party who has obtained such Deliverables directly or indirectly from the Customer and the Customer hereby indemnifies SA Group Ltd from and against any claims against SA Group Ltd arising from or relating to any use of the Deliverables. 10.4 Subject to Clause 10.5 below, if any defect or fault is found to exist in the Deliverables resulting from the performance of the Services not in conformance with the warranty in Clause 10.1, SA Group Ltd shall at its option either (i) re-perform the relevant Services or part thereof; and/or repair or replace any Deliverables (or the defective part) or (ii) refund such proportion of the Charges paid to SA Group Ltd by the Customer for the Services as is reasonable, PROVIDED THAT, if SA Group Ltd so requests, the Customer shall, at the Customer’s expense, return any Deliverables or the part which is defective to SA Group Ltd. 10.5 SA Group Ltd shall have no liability of any kind for breach of its warranty in Clause 10.1 in circumstances where: 10.5.1 the Customer fails to give written notice of the alleged breach to SA Group Ltd within ten (10) days of the time when the Customer discovers or ought to have discovered it and in any event within three (3) months of delivery of the affected Services or Deliverable or, having given such notice: 10.5.1.1 fails to give SA Group Ltd a reasonable opportunity to examine any such Deliverables concerned; or 10.5.1.2 fails (having been asked to do so by SA Group Ltd) to return, at the Customer’s cost, such Deliverables for examination at SA Group Ltd’s place of business; or 10.5.1.3 continues to make full or substantially full use of such Services or Deliverables; or 10.5.2 the defect arises as a result of: (i) defects in any Customer Resources; or (ii) the Customer failing to follow SA Group Ltd’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Deliverables or (if there are none) g...
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WARRANTY AND EXCLUSIVE REMEDY. Bank warrants that the Licensed software will perform essentially as described in the documentation. However, this warranty does not warrant that the Licensed program is error-free and Bank shall not be liable for any losses or damages associated with any errors in the Licensed program. If Respondent discovers what it believes to be an error in the Licensed program, it shall bring the error to the attention of Bank pursuant to the continuing support services provided under Section 6. Upon verification of the error, Bank shall make reasonable efforts to correct the error or find alternative means of accomplishing the task in question (Rider H). If Bank is unable to do this, Respondent may, at its option, terminate the Agreement, in which case it shall receive a refund on a pro rata basis for the unused portion of the continuing support fee. Respondent shall not receive any other refund. This right to terminate the agreement constitutes respondents sole and exclusive remedy for any failure of the software to operate properly or failure to operate in accordance with the documentation.
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WARRANTY AND EXCLUSIVE REMEDY. Notwithstanding anything to the contrary in the Master Subscription Agreement, The HG Service are provided “as is” without warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. RevenueWell does not warrant that the HG Service will meet your specific requirements or that the operation of the HG Service will be error-free. RevenueWell's entire liability, and your exclusive remedy, shall be the replacement of any defective or non-working component of the HG Service or the termination of the License.
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WARRANTY AND EXCLUSIVE REMEDY. QuadraMed warrants that for a period of 90 days from the Addendum Execution Date each unmodified Product for which the Licensee has a Supported Product License will perform the functions described in the Documentation when operated on the Designated System. For breach of this warranty Licensee's exclusive remedy shall be the correction of Product errors that cause breach of the warranty, or if QuadraMed is unable to make the Products operate as warranted, Licensee shall be entitled to recover the fees paid to QuadraMed for the Product license or Update as applicable and shall cease using the applicable Product or Update. Further, QuadraMed warrants that services will be performed consistent with generally accepted industry standards. For breach of this warranty Licensee's exclusive remedy shall be the re-performance of the services, or if QuadraMed is unable to perform the services as warranted, Licensee shall be entitled to recover the fees paid to QuadraMed for the unsatisfactory services. The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. QuadraMed does not warrant that the Products will meet Licensee's requirements, that the Products will operate in the combinations which Licensee may select for use, that the operation of the Products will be uninterrupted or error-free, or that all Product errors will be corrected.
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Related to WARRANTY AND EXCLUSIVE REMEDY

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Exclusive Remedies Subject to Section 5.07 and Section 10.11, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this Article VIII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims, and causes of action for any breach of any representation, warranty, covenant, agreement, or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against any other parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this Article VIII. Nothing in this Section 8.09 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party’s fraudulent, criminal, or intentional misconduct.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

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