Warranty Disclaimer of Warranties. 5.1 Limited Warranty for the SPOT Product. THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPOT PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, SPOT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCT, OR ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOT, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT T...
Warranty Disclaimer of Warranties. Sections 6.1 to 6.6 apply to warranty claims with regard to perpetual licenses; for warranty claims with regard to subscription licenses Section 6.7 applies.
Warranty Disclaimer of Warranties. See Schedule A for a modified version of this Section 6 for Licensed Products licensed and used in Germany, Austria or Switzerland.
Warranty Disclaimer of Warranties. DIGIOP warrants that during the applicable Order Term the Services will substantially conform to any electronic documentation for the Services made available to Customer by DIGIOP. Customer will provide prompt written notice of any non-conformity. DIGIOP may modify the documentation in its sole discretion, provided the functionality of the Services will not be materially decreased during the Order Term. The foregoing warranty does not apply to: (a) Services that have been modified by any party other than DIGIOP; or (b) Services that have been used in a manner other than as authorized under the Agreement and in the applicable documentation. As Customer's sole and exclusive remedy and DIGIOP's entire liability for any breach of the foregoing warranty in this Section 9, DIGIOP will (i) use reasonable efforts to fix, provide a work around, or otherwise repair or replace the Services, as applicable, or if DIGIOP is unable to do so, (ii) terminate the license to use such component of the Services and return any prepaid and unused Subscription Price paid to DIGIOP for such allegedly defective Services, as applicable, for the period commencing from Customer's notice of nonconformity through the remainder of the Initial Term or Renewal Term, as applicable. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 9 ABOVE, DIGIOP MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGING DISCLAIMER, DIGIOP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY PARTICULAR CUSTOMER REQUIREMENTS, THAT THE SERVICES WILL REMAIN COMPATIBLE WITH ANY EQUIPMENT, THAT THE OPERATION OF THE DIGIOP SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE; THAT ALL ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE, IRREGULAR OR UNAUTHORIZED INCIDENTS, TRANSACTIONS OR OTHER CIRCUMSTANCES. NO DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THE WARRANTIES IN THIS AGREEMENT.
Warranty Disclaimer of Warranties. Microsoft warrants its Products as described in the Microsoft Terms. Neither CORE BTS, INC. nor Microsoft provide any other warranties, representations or conditions. To the maximum extent permitted under applicable laws, CORE BTS, INC. disclaims all implied or statutory warranties for Products, including warranties of quality, title, non- infringement, merchantability and fitness for a particular purpose.
Warranty Disclaimer of Warranties. The Products delivered to Buyer hereunder shall conform to the applicable Product specifications referenced herein (the “Specifications”). The Buyer shall have the obligation to request in writing any particular Specifications. Any such request shall be subject to Seller’s written acceptance. Seller is not responsible for failure by Buyer to so specify types of classifications under ASTM or ACI or any other specifications. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, OR PROVIDED BY THE MANUFACTURER OF PRODUCT, IF APPLICABLE AND ABLE TO BE TRANSFERRED TO BUYER, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHOULD THE PRODUCT FAIL TO CONFORM TO THE FOREGOING WARRANTIES, SELLER WILL, AT ITS OPTION REPLACE PRODUCT, DAP DESTINATION OR REFUND THAT PORTION OF THE PURCHASE PRICE OF PRODUCT WHICH FAILS TO MEET THESE WARRANTIES. IN PARTICULAR, BUT WITHOUT LIMITATION, SELLER MAKES NO WARRANTIES REGARDING THE ABSENCE OF EFFLORESCENCE AND DISCOLORATION AFTER THE PRODUCT(S) HAVE BEEN INSTALLED AND THE SELLER SHALL NOT BE LIABLE FOR ANY OF THE SAME.
Warranty Disclaimer of Warranties a) Each of the Parties represents and warrants to the other Party that it has full power and authority to enter into this Agreement without restriction and has the legal authority to do so; and that its execution and delivery of this Agreement (by executing and delivering the Quote), and its performance of its obligations under this Agreement, do not or will not conflict with any agreement, obligation or understanding, whether written or oral, to which it is a party or by which it may be bound.
b) TESSALink warrants and represents that the Software Product will be accessible and usable by End-Users once End-Users are identified by Customer, which Customer must access and use promptly by End-User to verify access and use. If such access and use is not promptly achieved by the End-User, Customer shall promptly, in writing, notify TESSALink and TESSALink shall remedy such access and use so as to allow End-User access and use; provided that such non-access or non-use is directly traceable to the Software Product. No warranty applies where the Software Product has been modified, altered or changed by Customer or any third party or used inconsistently with TESSALink provided specifications or used with non-recommended or non-authorized third-party software or hardware. Once the Software Product is accessed and used, TESSALink provides no other warranties, express or implied with respect to the Software Product. Any breach of this warranty shall be subject solely to the following available remedies to be provided by TESSALink, which election of remedy shall be at TESSALink’s election, which shall be to either: (i) fix the access and use problem or (ii) issue a refund of only the amount of money that is equal to the exact price paid for only the Software Product line item as evidenced on the associated Software Product invoice. The foregoing warranty covers only problems arising under normal use and does not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by TESSALink to have been caused by Customer. All limited warranties on the Software Product are granted only to Customer and are non-transferable and non-assignable. The foregoing serves as TESSALink’s entire liability for the Software Product with respect to function, operation or performance or any other problem with the Software Product and shall serv...
Warranty Disclaimer of Warranties a. Recipient represents and warrants that the Services will be performed in accordance with Good Industry Practices, where “Good Industry Practices” means, in relation to any undertaking and any circumstance, the exercise of the degree of skill, diligence, prudence and foresight that would reasonably be expected from a highly skilled and experienced person engaged in the same type of undertaking under the same or similar circumstances. In the event of the breach of the foregoing warranty, Recipient shall re-perform the non-conforming Services without cost to Provider.
Warranty Disclaimer of Warranties. (a) Fuji Machine shall be responsible for replacing any faulty diskette or disk provided to the customers of the Bundled Products except for diskettes or disks included in any Licensed Software package obtained directly from Cimetrix and for correcting any faulty reproduction of the Licensed Software by Fuji Machine.
(b) Any faulty diskette or disk provided by Cimetrix to Fuji (the "Defective Software") shall be returned to Cimetrix for replacement along with appropriate documentation as required. Upon inspection and verification of the Defective Software, Cimetrix shall, at its option, ship a replacement Software copy to Fuji Machine or its Customer at no charge or refund the amount paid by Fuji Machine to Cimetrix for such Defective Software. The foregoing sets forth the entire liability and obligation of Cimetrix and the exclusive remedy of Fuji Machine and its customers with respect to any Defective Software.
Warranty Disclaimer of Warranties. 3.1 Licensor agrees to pass through to Licensee all warranties provided to Licensor by third parties relating to any third party software embedded in the Software or otherwise licensed or provided to Licensee by Licensor hereunder. Notwithstanding the foregoing, in the event Software contains any software code developed by third parties and licensed pursuant to either the GNU General Public License or the GNU Lesser General Public License such code is supplied without warranty of any kind.
