Warranty/Exclusive Remedy Sample Clauses

Warranty/Exclusive Remedy. Licensor warrants that the Software will be delivered free of the rightful claim of any third party by way of infringement or misappropriation of rights arising under the laws of the country in which the Software is licensed. LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS SET FORTH IN SECTIONS 6.2 AND 6.3.
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Warranty/Exclusive Remedy. Seller warrants to the Buyer for 12 months from date of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are the subject of this sale conform to Seller’s published specifications. Seller warrants to Buyer that the Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from the rightful claim of any third person for direct infringement of patent or copyright. Seller warrants to Buyer for 90 days from the completion of the Services that such Services shall be performed in a good and workmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated by Seller. If Seller is unable to repair the Goods and/or Services, Seller’s sole obligation under its warranty will be, at its option, to: (a) replace the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of warranty. Any action for breach of warranty must be commenced within 6 months following expiration of the applicable warranty period. Seller makes no warranties with respect to any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding use, application, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s warranties shall not apply to defects or damages caused by: (a) Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller; (b) Buyer’s use of the Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachmentsor modifications to the Goods and/or Services
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Warranty/Exclusive Remedy. Seller warrants that the Products manufactured by it will be free from defects in materials and workmanship for a period of twelve (12) months from the date of installation or operation or, if earlier, eighteen (18) months from the date of shipment to Buyer. The foregoing limited warranty runs only to Buyer and not to purchasers of the Product from Buyer. Seller’s sole and exclusive obligation to Buyer under this warranty will be, at Seller’s option, to repair or replace any Products or parts thereof manufactured by Seller which have proven defective in material or workmanship, or to refund the portion of the purchase price relating to the defective Product of part. This warranty does not cover Products that are defective due to ordinary wear and tear, abuse, misuse, modification, overloading, alteration or Products or parts which have not been installed, operated or maintained in accordance with Seller’s written instructions. ANY REPAIRS TO THE PRODUCTS THAT ARE NOT MADE BY SELLER, UNLESS AUTHORIZED IN ADVANCE BY SELLER, WILL VOID THIS WARRANTY. No claims under this warranty will be valid unless Buyer notifies Seller in writing within a reasonable time of discovery of such defect, but in no event later than the end of the warranty period set forth above. Upon the repair or replacement of a defective Product or part, Seller’s warranty will continue for the remainder of the warranty period for the original Product or part.
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Warranty/Exclusive Remedy a) XcelleNet warrants that it has the right and authority to enter into and perform this Agreement. XcelleNet further warrants that for a period of ninety (90) days from initial delivery of the first copy of each Software product, (i) the Software will substantially conform to the functional description in its associated documentation and that (ii) the physical media and documentation containing the Software will be free from defects in materials and workmanship. The above warranties specifically exclude defects resulting from accident abuse, unauthorized repair, modifications, or enhancements, or misapplication. XcelleNet does not warrant that use of the Software will be uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software shall not restart or otherwise affect the warranty period for previously delivered copies.
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Related to Warranty/Exclusive Remedy

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Exclusive Remedies Subject to Section 5.07 and Section 10.11, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this Article VIII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims, and causes of action for any breach of any representation, warranty, covenant, agreement, or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against any other parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this Article VIII. Nothing in this Section 8.09 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party’s fraudulent, criminal, or intentional misconduct.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Nonexclusive Remedy Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

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