Warranty Disclaimer and Limitations. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND GLOBAL MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY GLOBAL. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF GLOBAL ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON GLOBAL. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY GLOBAL AND SHOULD NOT BE RELIED UPON. GLOBAL DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREIN, LICENSOR PROVIDES THE LICENSED SOFTWARE AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES.
Warranty Disclaimer and Limitations. This Extended Warranty for the Equipment is in lieu of all contracts, understandings or warranties, express or implied or statutory, including, but not limited to any implied warranties of merchantability or fitness for a par- ticular purpose on the part of the Company, its agents or service providers. All implied or statutory warranties, to the extent that they cannot be excluded, are limited to the effective period of the express warranty set forth herein. If the Equipment is damaged and/or is defective in materials or workmanship, as set forth herein, the Warranty Purchasers sole and exclusive remedy shall be the repair or replacement as provided above. However, if the rem- edy fails of its essential purpose, the Company reserves the right to refund the purchase price of the Equipment to the Warranty Purchaser in exchange for the return of the Equipment. The Company, its agents and service providers shall not be liable for any indirect damages, including but not limited to incidental or consequential damages, loss of use or data, loss of profits or interruption of business, whether such alleged damages are based in warranty, tort (including without limitation, negligence and strict liability), contract, or indemnity. Except to the extent prohibited by law, this is the exclusive written limited warranty of the original Warranty Purchaser. The Company’s liability for any and all claims arising from the Equipment or this warranty shall be limited to the price paid for this warranty.
Warranty Disclaimer and Limitations. EXCEPT AS SET FORTH IN SECTION 7.1, THE SERVICES ARE PROVIDED”AS IS” WITHOUT WARRANTY OF ANY KIND, AND CREDITOR NAMEMAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE DELIVERABLES, MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREDITOR NAMESPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT WITH RESPECT TO THE DELIVERABLES AND SERVICES PROVIDED BY CREDITOR NAMEHEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING.
Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENRON PARTIES PROVIDE THE C-LOGIC SOFTWARE AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENRON PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE C-LOGIC SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE C-LOGIC SOFTWARE REMAINS WITH UBS.
Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREIN, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENRON PARTIES PROVIDE THE ENRON CONTENT AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENRON PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ENRON CONTENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ENRON CONTENT REMAINS WITH UBS.
Warranty Disclaimer and Limitations. 5.1 “As is”. Supplier makes no warranty whatsoever as to the function of the Products and Services, which are provided “as is.”
5.2 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, SUPPLIER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND STATEMENTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF THE USE OR OPERATION OF THE PRODUCTS AND SERVICES, DELAYS IN DELIVERY OR REPAIR, LOSS OF USE OF THE PRODUCTS, OR DAMAGE TO ANY DOCUMENTS OR OTHER PROPERTY OF AUTHORIZED RESELLER OR ITS CUSTOMERS.
Warranty Disclaimer and Limitations. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND LAVEX INDUSTRIAL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN.
Warranty Disclaimer and Limitations. EXCEPT AS SET FORTH IN SECTIONS 7.1 OR 7.2 ABOVE, IN EXHIBIT B, OR IN EXHIBIT C, THE TALEND SOFTWARE, THE SERVICES AND THE TALEND CLOUD SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND TALEND AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE TALEND SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES OR TALEND CLOUD SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TALEND AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT WITH RESPECT TO THE TALEND SOFTWARE, DOCUMENTATION, SERVICES AND TALEND CLOUD SERVICES PROVIDED BY TALEND HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, TALEND DOES NOT WARRANT RESULTS OF USE OR THAT THE TALEND SOFTWARE, LEARNING SERVICES AND/OR TALEND CLOUD SERVICES WILL BE ERROR FREE OR THAT THE CUSTOMER’S USE OF THE TALEND SOFTWARE, DELIVERABLES, LEARNING SERVICES AND/OR TALEND CLOUD SERVICES WILL BE UNINTERRUPTED. TALEND USES A THIRD-PARTY DATA CENTER TO HOST THE TALEND CLOUD SERVICES. CUSTOMER ACKNOWLEDGES THAT TALEND DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD-PARTY FACILITIES, INCLUDING THE INTERNET, AND THAT THE TALEND CLOUD SERVICES AND/OR LEARNING SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD PARTY FACILITIES. TALEND IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Warranty Disclaimer and Limitations. 8.1 VoiceTech will use commercially reasonable efforts to maintain the currency of the technology and enhancements of VoIP platform and towards that end shall provide at least annual updates and additions when appropriate. VoiceTech will also provide reasonable customer support by providing and updating frequently asked questions section and email response to Calypso technical support questions beyond a basic scope in a timely fashion.
8.2 VoiceTech provides VoIP Platform only to the warranties included in this Agreement. VoiceTech warrants that basic courses are substantially "bugless" or error free, that its operation is scalable and its use shall be uninterrupted, that functions contained therein will meet End-User's reasonable requirements, and that it works with an industry standard configuration. VoiceTech disclaims any and all promises, representations, and warranties, except as expressly set forth in this Agreement. These warranties are in lieu of all other warranties, express or implied, oral or written, with respect to basic courses including, without limitation, the implied warranties of conformance to samples, merchantability and fitness for a particular purpose.
