Warranty and Warranty Disclaimer. IFS warrants that the Application Software will perform substantially as described in the Software Documentation for a period of six (6) months from the original license start date specified in the Notification Form (“Warranty Period”). No separate or extended Warranty Period shall apply with respect to any remedy of Errors or the purchase by Customer of any additional quantities and/or licenses of the Application Software or delivery by IFS of any additional copies. Any warranty claim must be made by Customer within the Warranty Period. IFS do not warrant that the Software will be constantly available, uninterrupted or error free or that all errors may be found to enable correction.
Warranty and Warranty Disclaimer. IFS warrants that the Application Software will perform substantially as described in the Software Documentation for a period of six (6) months from the original license start date specified in the Notification Form (“Warranty Period”). No separate or extended Warranty Period shall apply with respect to any remedy of Errors or the purchase by Customer of any additional quantities and/or licenses of the Application Software or delivery by IFS of any additional copies. Any warranty claim must be made by Customer within the Warranty Period. IFS do not warrant that the Software will be constantly available, uninterrupted or error free or that all errors may be found to enable correction. IFS makes no performance or other warranty with respect to third-party software which is covered by whatever warranty, if any, each such third party may separately provide to the Customer. Only such limited warranties, conditions or remedies that have been expressly agreed herein shall be granted and available to Customer and are in lieu of all other warranties, conditions or remedies, whether express or implied, written or oral, arising by statute, operation of law, course of dealing, usage or trade or otherwise, including without limitation the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular or intended purpose, ability to achieve a particular result, or accuracy or completeness of responses or results. While IFS attempts to identify the functions of the IFS Offering which may be of particular benefit to Customer, only Customer is in a position to understand its current and future business needs and, therefore, is solely responsible for the selection, use, and suitability of the IFS Offering for Customer’s purposes, even if IFS has been informed of such purpose. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY IFS, THE APPLICATION SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS. Warranty Remedy Warranty remedies will be provided as part of Support Services, Customer must therefore have a valid agreement for the provision of Support Services in regards of the warranted Application Software. Subject to the Support Terms, if IFS has breached the warranty set forth in section 3.1 Customer’s sole and exclusive remedy is for IFS, in consultation with Customer, to use reasonable efforts consistent with industry standards to cure the defect or otherwise to redeliver the Application Software so that it substantially complies with the So...
Warranty and Warranty Disclaimer. 10.1 Solutions Warranty. ARCTIC WOLF WARRANTS THAT DURING THE SUBSCRIPTION TERM AND PROVIDED THAT CUSTOMER IS NOT IN BREACH OF THIS AGREEMENT OR AS OTHERWISE PROHIBITED BY CONSUMER PROTECTION LAWS INCLUDING ANY CUSTOMER RIGHTS UNDER SUCH CONSUMER PROTECTION LAWS THAT: (I) THE SOLUTIONS PROVIDED UNDER THIS AGREEMENT DO NOT INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (II) THE SOLUTIONS SHALL SUBSTANTIALLY PERFORM AS DESCRIBED IN THE DOCUMENTATION; AND (III) IT WILL COMPLY WITH ALL INTERNATIONAL, PROVINCIAL, FEDERAL, STATE AND LOCAL STATUTES, LAWS, ORDERS, RULES, REGULATIONS AND REQUIREMENTS, INCLUDING THOSE OF ANY GOVERNMENTAL (INCLUDING ANY REGULATORY OR QUASI-REGULATORY) AGENCY APPLICABLE TO ARCTIC WOLF AS IT PERTAINS TO ITS OBLIGATIONS AND THE DATA REQUIRED FOR THE PERFORMANCE OF THE SOLUTIONS DESCRIBED HEREIN. IN THE EVENT OF ANY BREACH OF THIS SECTION 10.1, ARCTIC WOLF SHALL, AS ITS SOLE LIABILITY AND CUSTOMER’S SOLE REMEDY (OTHER THAN ARCTIC WOLF’S INDEMNIFICATION OBLIGATIONS IN SECTION 9.1 ABOVE, OR OTHERWISE PROHIBITED BY CONSUMER PROTECTION LAWS OR PROVIDED IN SECTION 10.3 OF THIS AGREEMENT), REPAIR OR REPLACE THE SOLUTIONS THAT ARE SUBJECT TO THE WARRANTY CLAIM AT NO COST TO CUSTOMER OR IF ARCTIC WOLF IS UNABLE TO REPAIR OR REPLACE, THEN ARCTIC WOLF WILL REFUND ANY PRE-PAID FEES FOR THE SOLUTIONS, OR PARTS THEREOF, SUBJECT TO THE WARRANTY CLAIM. EXCEPT FOR THE WARRANTIES DESCRIBED IN THIS SECTION, THE SOLUTIONS ARE PROVIDED WITHOUT WARRANTY, TERMS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AND ANY WARRANTIES OF TITLE. CUSTOMER ACKNOWLEDGES THAT THE SOLUTIONS ARE PROVIDED “AS IS” AND FURTHER ACKNOWLEDGES THAT ARCTIC WOLF DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED, OR ERROR FREE; OR (B) THE SOLUTIONS ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE. CUSTOMER IS RESPONSIBLE AND ARCTIC WOLF SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT THE USE OF THE SOLUTIONS COMPLIES WITH APPLICABLE LAWS IN THE JURISDICTION(S) IN WHICH CUSTOMER MAY DEPLOY AND USE THE SOLUTIONS.
10.2 No Guarantee. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT ARCTIC WOLF DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, OR THAT ALL SUCH SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE CAN OR WILL BE CONTAINED OR UNCONTAINED IN THE DELIVERY OF THE SOLUTIONS. CUSTOMER ACKNOWLEDGES THA...
Warranty and Warranty Disclaimer a. Cisco warrants that the Services will materially comply with its published specifications. If We breach this warranty, We will (at Our option) repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specifications. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description.
b. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING W ITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Warranty and Warranty Disclaimer. 8.1 Philips warrants that the replacement parts provided as described in Section 2.2.3 of this Exhibit will be free from substantial defects in material and workmanship for a period of ninety (90) days from the date of installation (when installed by Philips) or thirty (30) days from the date the parts were delivered to Customer (when not installed by Philips). For the avoidance of doubt, no such warranty applies to any replacement parts used by Philips in providing its corrective maintenance service. Certain items such as x-ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Equipment in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part does not comply with this warranty, as exclusive remedy, upon Customer’ prompt return of the part to Philips, Philips shall repair or replace such part. THE WARRANTIES STATED ABOVE ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY of merchantability, fitness for a particular purpose, OR NONINFRINGEMENT WITH RESPECT to anything provided by PHILIPS OR ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF A NON-CONFORMING PART AND THE REPAIR OF COVERED EQUIPMENT FOR ANY NON- CONFORMING SERVICE. Equipment Maintenance Intellectual Property (also known as Customer Service Intellectual Property (CSIP) License Terms.
Warranty and Warranty Disclaimer. 8.1 Synacor warrants that it provides Product using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND SYNACOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
Warranty and Warranty Disclaimer. For a perpetual license, IFS warrants that the Application Software will perform substantially as described in the Software Documentation for a period of twelve (12) months from the date of delivery specified in the Notification Form (“Warranty Period”).
Warranty and Warranty Disclaimer. 4.1 In addition to the warranty obligations described in this Agreement, Philips warrants that any replacement parts or special service tools and Service provided under this Exhibit will be free from defects in material and workmanship for a period of ninety (90) days from the date of installation (when installed by Philips) or thirty
Warranty and Warranty Disclaimer. 8.1 Insofar as not otherwise expressly agreed, the software provided by Xxxxxx Metrawatt GmbH corresponds to the current state of the art and conforms to the product information and specifications made available by Xxxxxx Metrawatt GmbH, including information in the documentation. Xxxxxx Metrawatt GmbH does not warrant the suitability of the software described in this XXXX for purposes above and beyond the fulfilment of the contractual obligations of Xxxxxx Metrawatt GmbH.
8.2 You are herewith advised that, in accordance with the current state of the art, despite greatest possible conscientiousness and care, pro- gram errors cannot be excluded with 100% certainty and that it’s not possible to develop software that detects every existing virus or other malware.
8.3 To the fullest extent permitted by applicable law and in consideration of free provision of the interface software without any license fee, Xxxxxx Metrawatt GmbH makes the software and support services available to you, if any are offered, “as is” and without any claim of being error-free. Xxxxxx Metrawatt GmbH hereby excludes all other warranties and guarantees, whether express, implied or statutory, including but not limited to any implied warranty, duty or guarantee of merchantability, suitability for a particular purpose, reliability or availability, accuracy, completeness of responses, results, technical efforts, freedom from viruses, diligence, all support or other services provided or not provided with reference to the software or other services, or information provided or not provided via the software, software and related content provided or not provided via the software, or otherwise arising out of the use of the software. Any warranty or guaran- tee of ownership, undisturbed use, undisturbed possession, conformity with the description or non-infringement of third party rights with respect to the software is also excluded.
8.4 Mandatory statutory provisions under applicable law shall remain unaffected.
Warranty and Warranty Disclaimer. Hosting Provider warrants that, (i) the Services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, (ii) the Services provided under this Agreement do not infringe or misappropriate any intellectual property rights of any third party, and (iii) the Services shall substantially perform in all material respects as described in the SLA. In the event of any breach of section (iii), above, Hosting Provider shall, as its sole liability and as City’s sole remedy, repair or replace the Services that are subject to the warranty claim at no cost to City, or if Hosting Provider is unable to repair or replace, then it will refund any pre-paid fees for services not rendered. Except for the warranty described in this section, the Services are provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non-infringement.
