Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.
Appears in 5 contracts
Samples: Marketplace Agreement, Uipath Marketplace Agreement, Uipath Marketplace Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S PARTNER'S OWN RISK AND “"AS IS,” " WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE ASSETS WILL MEET PARTNER’S REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE ASSETS WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE ASSETS WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER PARTNER USES THE UIPATH ASSETS MARKETPLACE AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER PARTNER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.
Appears in 4 contracts
Samples: Marketplace Partner Agreement, Uipath Marketplace Partner Agreement, Uipath Marketplace Partner Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KINDKIND WITH RESPECT TO THE TOOLS, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATIONANY WARRANTY THAT THE TOOLS WILL BE UNINTERRUPTED, WARRANTIES ERROR- FREE OR FREE OF NON-INFRINGEMENT HARMFUL COMPONENTS, ANY IMPLIED WARRANTY OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAWOUT OF ANY COURSE OF PERFORMANCE, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE (I) THE TOOLS WILL OPERATE FUNCTION IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOUCOMBINATION WITH ANY THIRD-PARTY SOFTWARE; (II) THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE TOOLS WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; (III) THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE TOOLS WILL BE CORRECTED; OR (IV) THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) TOOLS IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES YOU WILL USE THE UIPATH ASSETS TOOLS AT ITS YOUR OWN RISK. UIPATH HAS WE RESERVE THE RIGHTRIGHT TO TERMINATE, SUSPEND, OR MODIFY, IN ITS ANY MANNER AND IN OUR SOLE DISCRETION, THE TOOLS, IN WHOLE OR IN PART, WITH OR WITHOUT NOTICE. MODIFICATIONS MAY AFFECT YOUR DEVELOPER APPLICATION AND MAY REQUIRE YOU TO MAKE CHANGES TO, SUSPEND TO YOUR DEVELOPER APPLICATION AT YOUR OWN COST TO CONTINUE TO BE COMPATIBLE WITH THE API OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSOTHER ASPECTS OF THE TOOLS.
Appears in 4 contracts
Samples: Uipath Developer Agreement, Uipath Developer Agreement, Uipath Developer Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWA. EXCEPT AS STATED IN SECTION 27, COVERED PARTIES PRELUDE, ITS SUBSIDIARIES, AND THEIR RESPECTIVE AFFILIATES, SUBCONTRACTORS, AND PRELUDES, MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY . THE ABOVE WARRANTIES ARISING BY STATUTE ARE SOLELY FOR THE BENEFIT OF PICTURETEL.
B. PRELUDE DOES NOT WARRANT UNINTERRUPTED OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE ERROR FREE OPERATION OF DEALING OR USAGE OF TRADETHE PRODUCTS. COVERED PARTIES SPECIFICALLY DO PRELUDE DOES NOT WARRANT THAT UIPATH MARKETPLACE THE PRODUCTS WILL OPERATE PREVENT, AND PRELUDE WILL NOT BE RESPONSIBLE FOR, UNAUTHORIZED USE (OR CHARGES FOR SUCH USE) OF COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS.
C. THE ABOVE WARRANTIES WILL NOT COVER DAMAGE RESULTING FROM (i) FAILURE TO USE A PRODUCT PROPERLY AND IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOUACCORDANCE WITH SPECIFICATIONS AND INSTRUCTIONS; THAT THE OPERATION (ii) IMPROPER INSTALATION; (iii) ACCIDENTS, NEGLECT, ACTS OF GOD OR OUTPUT MISUSE; (iv) CAUSES NOT ARISING OUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN MATERIAL OR WORKMANSHIP; (v) FAILURE OR DEFECT OF ELECTRICAL POWER, EXTERNAL ELECTRICAL CIRCUITRY, AIR CONDITIONING OR HUMIDITY CONTROL; (vi) THE UIPATH MARKETPLACE WILL BE CORRECTEDUSE OF ITEMS NOT PROVIDED BY OR APPROVED BY PRELUDE; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACEvii) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, FAILURE TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSPROMPTLY INSTALL UPDATES.
Appears in 1 contract
Samples: Product Distribution Agreement (Accord Networks LTD)
Warranty Exclusions. THE WARRANTY, RETURN, AND SHIPPING POLICY SETS OUT THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KINDPRODUCTS. TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL NEITHER SANGOMA, NOR ITS THIRD‐PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND TO ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE PRODUCTS OTHER THAN WHAT IS SET OUT IN THE WARRANTY, RETURN AND SHIPPING POLICY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTIBILITY, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OR NON‐INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY STATUTE SUCH PERSON OR OTHERWISE IN ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EQUITYIN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR FROM A COURSE ECONOMIC DAMAGE OR INJURY TO PROPERTY, LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF DEALING WHETHER SUCH PERSON OR USAGE ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF TRADETHE POSSIBLITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. COVERED PARTIES SPECIFICALLY SOME COUNTRIES, STATES, OR PROVINCES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW FOR THE COMBINATIONS WHICH EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE SELECTED FOR USE BY LIMITED IN THEIR APPLICATION TO YOU; THAT . IF THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN LIMITED TO THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSDURATION OF SANGOMA’S WARRANTY ON XXX.XXXXXXX.XXX/XXXXX .
Appears in 1 contract
Samples: End User License Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW6.3.1 MANUFACTURER MAKES NO WARRANTIES, COVERED PARTIES MAKE NO REPRESENTATIONS GUARANTEES OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDREPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO ANY PRODUCT(S) SOLD TO PDI EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES ARE EXPRESSLY WAIVED AND EXCLUDED, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSINCLUDING, OR BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3.2 MANUFACTURER SHALL HAVE NO WARRANTY RESPONSIBILITY FOR CONSIGNED MATERIALS, BUT MANUFACTURER AGREES TO COOPERATE IN PROCESSING APPLICABLE THIRD-PARTY WARRANTY CLAIMS AND IN TAKING ADVANTAGE OF REMEDIES, IF ANY, AVAILABLE FROM THE ORIGINAL SOURCES OF SUCH CONSIGNED MATERIALS.
6.3.3 PDI MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SPECIFICATIONS, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING BY STATUTE RELATING TO THE SPECIFICATIONS OR OTHERWISE THE PRODUCT(S) INCLUDING ANY WARRANTY AGAINST INFRINGEMENT.
6.3.4 IN LAWNO EVENT SHALL THE PARTIES BE LIABLE FOR ANY INDIRECT, EQUITYSPECIAL, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE UIPATH MARKETPLACE) IS APPROPRIATE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS OBLIGATIONS UNDER THIS SECTION, AND EXCLUDING ANY THIRD-PARTY CLAIM OF ANY KIND RELATED TO THIS AGREEMENT, THE PARTIES’ LIABILITY TO EACH OTHER, WHETHER FOR BREACH OF CONTRACT OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHTWARRANTY, IN ITS SOLE DISCRETIONSTRICT LIABILITY, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE NEGLIGENCE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSSHALL NOT EXCEED FIFTY PERCENT (50%) OF THE AGGREGATE OF INVOICED COSTS PAID BY PDI TO MANUFACTURER FOR ALL PRODUCTS FOR THE IMMEDIATE TWELVE (12) MONTH PERIOD.
Appears in 1 contract
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK CUSTOMEROW’NSRISK AND “AS IS,” WITH IS,”WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.
Appears in 1 contract
Samples: Uipath Marketplace Agreement
Warranty Exclusions. EXCEPT AS STATED IN SECTION 2 HEREOF, 3Com AND ITS AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR 3Com DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS AFTER DELIVERY OF THE PRODUCT TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE WARRANTY SET FORTH IN SECTION 2 HEREOF, DOES NOT EXTEND TO ANY WARRANTIES ARISING BY STATUTE PRODUCT WHICH HAS BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR OTHERWISE IN LAWABUSE; (2) YOUR FAILURE TO FOLLOW 3Com’S INSTALLATION, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTEDMAINTENANCE INSTRUCTIONS; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE3) IS APPROPRIATE UNAUTHORIZED SERVICE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSPARTS.
Appears in 1 contract
Samples: End User Software License Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK &86720(5OW¶N6RISK AND “AS IS,” WITH ³AS IS,´WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.
Appears in 1 contract
Samples: Uipath Marketplace Agreement
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS STATED IN SECTION 2 HEREOf, COVERED PARTIES 3Com AND ITS --------------------- AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PERM17TED BY APPLICABLE LAW. 3Com DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON4NFRIINGEMENT, IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS AFTER DELIVERY OF THE PRODUCT TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE WARRANTY SET FORTH IN SECTION 2 HEREOF, DOES NOT EXTEND TO ANY WARRANTIES ARISING BY STATUTE PRODUCT, WHICH HAS BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR OTHERWISE IN LAWABUSE; (2) YOUR FAILURE TO FOLLOW 3Com'S INSTALLATION, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTEDMAINTENANCE INSTRUCTIONS; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE3) IS APPROPRIATE UNAUTHORIZED SERVICE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSPARTS.
Appears in 1 contract
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW6.3.1 MANUFACTURER MAKES NO WARRANTIES, COVERED PARTIES MAKE NO REPRESENTATIONS GUARANTEES OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDREPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO ANY PRODUCT(S) SOLD TO PDI EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES ARE EXPRESSLY WAIVED AND EXCLUDED, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSINCLUDING, OR BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3.2 MANUFACTURER SHALL HAVE NO WARRANTY RESPONSIBILITY FOR CONSIGNED MATERIALS, BUT MANUFACTURER AGREES TO COOPERATE IN PROCESSING APPLICABLE THIRD-PARTY WARRANTY CLAIMS AND IN TAKING ADVANTAGE OF REMEDIES, IF ANY, AVAILABLE FROM THE ORIGINAL SOURCES OF SUCH CONSIGNED MATERIALS.
6.3.3 PDI MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SPECIFICATIONS, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING BY STATUTE RELATING TO THE SPECIFICATIONS OR OTHERWISE THE PRODUCT(S) INCLUDING ANY WARRANTY AGAINST INFRINGEMENT.
6.3.4 IN LAWNO EVENT SHALL THE PARTIES BE LIABLE FOR ANY INDIRECT, EQUITYSPECIAL, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE UIPATH MARKETPLACE) IS APPROPRIATE POSSIBILITY OF SUCH DAMAGES.
6.3.5 EXCEPT FOR ITS OBLIGATIONS UNDER THIS SECTION, AND EXCLUDING ANY THIRD-PARTY CLAIM OF ANY KIND RELATED TO THIS AGREEMENT, THE PARTIES’ LIABILITY TO EACH OTHER, WHETHER FOR BREACH OF CONTRACT OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHTWARRANTY, IN ITS SOLE DISCRETIONSTRICT LIABILITY, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE NEGLIGENCE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSSHALL NOT EXCEED FIFTY PERCENT (50%) OF THE AGGREGATE OF INVOICED COSTS PAID BY PDI TO MANUFACTURER FOR ALL PRODUCTS FOR THE IMMEDIATE TWELVE (12) MONTH PERIOD.
Appears in 1 contract
Warranty Exclusions. The above warranty shall not apply to the degree that the reproducible error occurs because:
(a) the affected Cloud Services have not been used in accordance with the Documentation;
(b) the affected Cloud Services have been altered, modified, merged, or converted by Customer;
(c) of the malfunctioning of Customer’s hardware or software; or
(d) the affected Cloud Services, or a portion thereof, have become inoperative due to any other causes beyond the control of Supplier. The warranty set forth above shall not apply if Customer has not timely paid undisputed amounts due and owing to Supplier under this Agreement. SUPPLIER DOES NOT WARRANT THAT THE CLOUD SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT THE FUNCTIONS CONTAINED IN THE CLOUD SERVICES WILL FUNCTION WITH OTHER SOFTWARE, HARDWARE, OR WITHIN A SYSTEM, OR THAT SUPPLIER’S EFFORTS, THE CLOUD SERVICES, THE DOCUMENTATION, OR OTHER MATERIALS SUPPLIED HEREUNDER WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS OR BE UNITNTRRUPTED OR COMPLETELY SECURE. THE SUPPLIER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SUPPLIER'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS INTERNET (OR WARRANTIES WHATSOEVERPORTIONS THEREOF). NO ORAL SUPPLIER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR AND DISCLAIMS ANY LIABILITY RESULTING FROM OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTYRELATED TO SUCH EVENTS. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK WARRANTIES IN THIS CLAUSE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF ANY KINDACCURACY, EXPRESS OR IMPLIEDQUIET ENJOYMENT, INCLUDING WITHOUT LIMITATIONNON -INFRINGEMENT, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSThe warranties above are expressly subject to the limitations set out in this Agreement and shall apply to Customer only and shall not extend to any third party.
Appears in 1 contract
Samples: Cloud Services Agreement
Warranty Exclusions. THE WARRANTY PROVIDED IN SECTION 7.1 SHALL NOT COVER, AND SCRIPTEL SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE, MALFUNCTION, DEFICIENCY, SHORTCOMING, LOSS OR LIABILITY CAUSED BY THE FOLLOWING:
(A) IMPROPER INSTALLATION, SET-UP, TESTING OR TRAINING;
(B) FAILURE TO PROVIDE A SUITABLE OPERATING ENVIRONMENT;
(C) MISUSE, ABUSE, VANDALISM, ACCIDENTS, THEFT, FIRE, MISPLACEMENT, EXTERNAL CAUSES, POWER SURGES, PROBLEMS WITH ELECTRICAL POWER, VIRUSES, RECKLESS, WILLFUL, OR INTENTIONAL CONDUCT;
(D) FAILURE TO USE, MONITOR OR MAINTAIN ANY PRODUCT IN ACCORDANCE WITH: (I) THE GREATEST EXTENT PERMITTED APPLICABLE USER’S MANUAL, GUIDE, SPECIFICATIONS OR DOCUMENTATION PROVIDED BY APPLICABLE LAWSCRIPTEL (COLLECTIVELY, COVERED PARTIES MAKE NO REPRESENTATIONS “PRODUCT DOCUMENTATION”); OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR (II) GOOD INDUSTRY PRACTICE;
(E) USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES PRODUCT OTHER THAN FOR WHICH SUCH PRODUCT IS DESIGNED;
(F) MODIFICATION OR DAMAGE OF ANY KINDPRODUCT’S EMBEDDED FIRMWARE OR SOFT- WARE DRIVERS BY SOFTWARE APPLICATIONS THAT ARE NOT PROVIDED BY SCRIPTEL;
(G) ATTACHMENT, EXPRESS REMOVAL OR IMPLIEDALTERATION OF ANY PART OF ANY PRODUCT WITHOUT THE PRIOR WRITTEN CONSENT OF SCRIPTEL;
(H) UNUSUAL MECHANICAL, INCLUDING WITHOUT LIMITATIONPHYSICAL OR ELECTRICAL STRESS;
(I) EXPOSURE OF ANY PRODUCT TO DIRECT SUNLIGHT, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, RAIN OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY OTHER OUTDOOR ENVIRONMENTAL ELEMENTS;
(J) EXPOSURE TO LIQUID;
(K) FAILURE TO PERFORM PREVENTIVE MAINTENANCE;
(L) IMPERFECTIONS THAT DO NOT WARRANT MATERIALLY ALTER FUNCTIONALITY;
(M) ANY SOFTWARE THAT UIPATH MARKETPLACE WILL OPERATE IN ALL IS NOT SUPPLIED BY SCRIPTEL;
(N) THE COMBINATIONS WHICH MAY BE SELECTED FOR USE COMBINATION OF ANY PRODUCT WITH ANY SOFTWARE, PRODUCT OR DEVICE NOT SUPPLIED BY YOU; SCRIPTEL;
(O) ANY EQUIPMENT OR COMPONENTS THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE WERE NOT INCLUDED IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHTPRODUCT AS ORIGINALLY SOLD TO CUSTOMER; (P) SERVICES, REPAIRS OR MODIFICATIONS NOT PERFORMED BY SCRIPTEL OR BY A SERVICE PROVIDER AUTHORIZED IN ITS SOLE DISCRETIONWRITING BY SCRIPTEL;
(Q) NORMAL WEAR AND TEAR; OR
(R) ANY PRODUCT FOR WHICH SCRIPTEL’S SERIAL NUMBER IS MISSING, TO MAKE CHANGES TOALTERED OR DEFACED OR IF ANY “WARRANTY VOID IF REMOVED” STICKER IS DAMAGED, SUSPEND MISSING OR DISCONTINUE ANY UIPATH ASSETS (SHOWS SIGNS OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSTAMPERING.
Appears in 1 contract
Samples: Sales Terms
Warranty Exclusions. THE WARRANTY, RETURN, AND SHIPPING POLICY SETS OUT THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KINDPRODUCTS. TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL NEITHER SANGOMA, NOR ITS THIRD‐PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND TO ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE PRODUCTS OTHER THAN WHAT IS SET OUT IN THE WARRANTY, RETURN AND SHIPPING POLICY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTIBILITY, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OR NON‐INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY STATUTE SUCH PERSON OR OTHERWISE IN ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EQUITYIN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR FROM A COURSE ECONOMIC DAMAGE OR INJURY TO PROPERTY, LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF DEALING WHETHER SUCH PERSON OR USAGE ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF TRADETHE POSSIBLITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. COVERED PARTIES SPECIFICALLY SOME COUNTRIES, STATES, OR PROVINCES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW FOR THE COMBINATIONS WHICH EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE SELECTED FOR USE BY LIMITED IN THEIR APPLICATION TO YOU; THAT . IF THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN LIMITED TO THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSDURATION OF XXXXXXX’S WARRANTY ON XXX.XXXXXXX.XXX/XXXXX .
Appears in 1 contract
Samples: End User License Agreement
Warranty Exclusions. ESECURITY SOLUTIONS IS BEING ENGAGED ONLY TO PROVIDE THE SERVICES SET FORTH IN THIS AGREEMENT AND IN ORDERS AGREED BY THE PARTIES IN WRITING, INCLUDING ANY AGREED WORK PRODUCT. THE FOREGOING LIMITED WARRANTIES DO NOT APPLY TO MODIFICATIONS TO THE GREATEST EXTENT PERMITTED BY SERVICES OR WORK PRODUCT. ESECURITY SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA AND SHALL NOT BE RESPONSIBLE FOR RESTORING ANY LOST DATA OR SOFTWARE EXCEPT AS SPECIFICALLY DESCRIBED IN THE APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTYORDER. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK LIMITED WARRANTIES DO NOT APPLY TO ANY THIRD-PARTY PRODUCTS OR SERVICES, HOWEVER, AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSPERMITTED, COVERED PARTIES HEREBY DISCLAIM ESECURITY SOLUTIONS WILL PASS THROUGH ANY WARRANTIES FROM SUPPLIERS OF PRODUCTS OR SERVICES. WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTIES, ESECURITY SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDKIND RELATING TO THE SERVICES OR WORK PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR AVAILABLE FOR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESECURITY SOLUTIONS MAKES NO WARRANTY THAT THE SERVICES AND ANY WORK PRODUCT WILL MEET CLIENT’S REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE USE IN ANY PARTICULAR JURISDICTIONOF THE FOREGOING WILL BE SATISFACTORY, ACCURATE OR RELIABLE, OR THAT THE SERVICES OR WORK PRODUCT WILL MEET CLIENT’S EXPECTATIONS. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL REPRESENTATIVES OF ESECURITY SOLUTIONS HAVE NO OBLIGATION WHATSOEVER AUTHORITY TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLEGIVE ANY WARRANTIES ON BEHALF OF ESECURITY SOLUTIONS. CLIENT IS SOLELY RESPONSIBLE FOR THE SCOPE, GOALS AND OVERALL DIRECTION OF THE SERVICES, AS WELL AS THE IMPLEMENTATION OF ANY UIPATH ASSETSCOURSE OF ACTION BASED ON SUCH SERVICES.
Appears in 1 contract
Samples: Master Service Agreement
Warranty Exclusions. THE WARRANTY PROVIDED IN SECTION 7.1 SHALL NOT COVER, AND SCRIPTEL SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE, MALFUNCTION, DEFICIENCY, SHORTCOMING, LOSS OR LIABILITY CAUSED BY THE FOLLOWING:
(A) IMPROPER INSTALLATION, SET-UP, TESTING OR TRAINING;
(B) FAILURE TO PROVIDE A SUITABLE OPERATING ENVIRONMENT;
(C) MISUSE, ABUSE, VANDALISM, ACCIDENTS, THEFT, FIRE, MISPLACEMENT, EXTERNAL CAUSES, POWER SURGES, PROBLEMS WITH ELECTRICAL POWER, VIRUSES, RECKLESS, WILLFUL, OR INTENTIONAL CONDUCT;
(D) FAILURE TO USE, MONITOR OR MAINTAIN ANY PRODUCT IN ACCORDANCE WITH: (I) THE GREATEST EXTENT PERMITTED APPLICABLE USER’S MANUAL, GUIDE, SPECIFICATIONS OR DOCUMENTATION PROVIDED BY APPLICABLE LAWSCRIPTEL (COLLECTIVELY, COVERED PARTIES MAKE NO REPRESENTATIONS “PRODUCT DOCUMENTATION”); OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR (II) GOOD INDUSTRY PRACTICE;
(E) USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES PRODUCT OTHER THAN FOR WHICH SUCH PRODUCT IS DESIGNED;
(F) MODIFICATION OR DAMAGE OF ANY KINDPRODUCT’S EMBEDDED FIRMWARE OR SOFTWARE DRIVERS BY SOFTWARE APPLICATIONS THAT ARE NOT PROVIDED BY SCRIPTEL;
(G) ATTACHMENT, EXPRESS REMOVAL OR IMPLIEDALTERATION OF ANY PART OF ANY PRODUCT WITHOUT THE PRIOR WRITTEN CONSENT OF SCRIPTEL;
(H) UNUSUAL MECHANICAL, INCLUDING WITHOUT LIMITATIONPHYSICAL OR ELECTRICAL STRESS;
(I) EXPOSURE OF ANY PRODUCT TO DIRECT SUNLIGHT, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, RAIN OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY OTHER OUTDOOR ENVIRONMENTAL ELEMENTS;
(J) EXPOSURE TO LIQUID;
(K) FAILURE TO PERFORM PREVENTIVE MAINTENANCE;
(L) IMPERFECTIONS THAT DO NOT WARRANT MATERIALLY ALTER FUNCTIONALITY;
(M) ANY SOFTWARE THAT UIPATH MARKETPLACE WILL OPERATE IN ALL IS NOT SUPPLIED BY SCRIPTEL;
(N) THE COMBINATIONS WHICH MAY BE SELECTED FOR USE COMBINATION OF ANY PRODUCT WITH ANY SOFTWARE, PRODUCT OR DEVICE NOT SUPPLIED BY YOU; SCRIPTEL;
(O) ANY EQUIPMENT OR COMPONENTS THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE WERE NOT INCLUDED IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHTPRODUCT AS ORIGINALLY SOLD TO CUSTOMER; (P) SERVICES, REPAIRS OR MODIFICATIONS NOT PERFORMED BY SCRIPTEL OR BY A SERVICE PROVIDER AUTHORIZED IN ITS SOLE DISCRETIONWRITING BY SCRIPTEL;
(Q) NORMAL WEAR AND TEAR; OR
(R) ANY PRODUCT FOR WHICH SCRIPTEL’S SERIAL NUMBER IS MISSING, TO MAKE CHANGES TOALTERED OR DEFACED OR IF ANY “WARRANTY VOID IF REMOVED” STICKER IS DAMAGED, SUSPEND MISSING OR DISCONTINUE ANY UIPATH ASSETS (SHOWS SIGNS OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSTAMPERING.
Appears in 1 contract
Samples: Sales Terms and Conditions