WARRANTY; DISCLAIMER OF WARRANTY. 6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
WARRANTY; DISCLAIMER OF WARRANTY. 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software.
WARRANTY; DISCLAIMER OF WARRANTY. CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services. CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WARRANTY; DISCLAIMER OF WARRANTY. 1. Both Parties warrant that they will comply with all applicable laws, regulations, codes of practice, as well as this Agreement.
WARRANTY; DISCLAIMER OF WARRANTY. Except for repairs and replacement parts for discontinued or obsolete Equipment pursuant to Section 7.1, Zeiss warrants that the Services will be free from defects in material and workmanship at the time of installation. EXCEPT AS SET FORTH HEREIN, Zeiss MAKES NO OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, WRITTEN, ORAL, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE, TO THE EXTENT PERMISSIBLE BY LAW, HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED, WITH RESPECT TO SERVICE OR PARTS PROVIDED BY Zeiss PURSUANT TO THIS AGREEMENT.
WARRANTY; DISCLAIMER OF WARRANTY. SAFARI MONTAGE ONLY WARRANTS THAT THE SOFTWARE IS CAPABLE OF BEING DOWNLOADED, DEPLOYED AND INSTALLED ON A PERSONAL COMPUTER MEETING THE MINIMUM OPERATING REQUIREMENTS DESCRIBED IN THE SOFTWARE DOCUMENTATION. SAFARI MONTAGE DOES NOT OFFER OR SUPPLY ANY OTHER WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THE SOFTWARE. SAFARI MONTAGE DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAFARI MONTAGE ALSO DISCLAIMS ANY AND ALL WARRANTIES FOR NON-INFRINGEMENT, AND HAS NO LIABILITY FOR ANY THIRD PARTY CLAIMS THAT THE PRODUCT INFRINGES ON AN THIRD PARTY’S INTELLECTUAL PROPERTY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING PERFORMANCE OF THE PRODUCT, SHALL BE DEEMED TO BE A WARRANTY, CONDITION OR REPRESENTATION BY SAFARI MONTAGE.
WARRANTY; DISCLAIMER OF WARRANTY. 6.1 If Licensee is not in breach of any of its obligations under this Agreement, IDEMIA warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by IDEMIA solely with reference to the Documentation. IDEMIA does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. IDEMIA makes no representations or warranties with respect to any third party software included in the Software.
WARRANTY; DISCLAIMER OF WARRANTY. HITq warrants that its services shall be performed by qualified personnel in a manner consistent with good practice in the information technology services industry. If HITq breaches this warranty, it shall supply services to correct or replace the work at no charge. THE REMEDY SET FORTH IN THIS SECTION IS THE CLIENT'S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY BY THE PROVIDER PARTY. HITq DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY; DISCLAIMER OF WARRANTY. Perot Systems warrants that ixx xxrvices shall be performed by qualified personnel in a manner consistent with good practice in the information technology services industry. If Perot Systems breaches this wxxxxxty, it shall supply services to correct or replace the work at no charge. THE REMEDY SET FORTH IN THIS SECTION IS CLIENT'S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. PEROT SYSTEMS DISCLAIMS ALL OXXXX WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY; DISCLAIMER OF WARRANTY. 10.1 Subject to the terms and conditions below in this Article 10., SSA will, for fifteen (15) months from the relevant shipment date, supply the necessary spares to repair any Chip Mounter determined by SSA to have been defective at the shipment date, without charge, provided that Quad notifies SSA of the defect within (15) days of learning of the defect and in no event later than (15) months from the shipment date. SSA will ship the same day via overnight service, all machine down parts, regardless of the end user location.
