Common use of Warranty for Software Clause in Contracts

Warranty for Software. Worldsensing warrants for the period set out in the general Sales Terms and Conditions approved by the company and commencing upon delivery of the Software to Licensee that the Software, as delivered, will in all material respects perform the functions described in the specifications contained in the documentation provided with the Software. If the Software does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the Maintenance Agreement in place between the Licensee and Worldsensing, which shall be Worldsensing's entire liability and Licensee's exclusive remedy for breach of this warranty. Worldsensing does not warrant that the Software will meet Licensee's requirements, that the Software will operate in the combinations which Licensee may select for use, that the operation of the Software will be uninterrupted or error-free, or that all error conditions will be corrected, also Worldsensing is not responsible for the malfunction of the Software derived from a computer attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". 8.2. Disclaimer THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 ARE THE ONLY WARRANTIES MADE BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSING. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WORLDSENSING'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.

Warranty for Software. Worldsensing warrants for the period set out in the general Sales Terms and Conditions approved by the company and commencing upon delivery of the Software to Licensee that the Software, as delivered, will in all material respects perform the functions described in the specifications contained in the documentation provided with the Software. If the Software does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the Maintenance Agreement in place between the Licensee and Worldsensing, which . This shall be Worldsensing's entire liability and the Licensee's exclusive remedy for breach of this warranty. Worldsensing does not warrant that the Software will meet Licensee's requirements, that the Software will operate in the combinations which Licensee may select for use, that the operation of the Software will be uninterrupted or error-free, or that all error conditions will be corrected, also Worldsensing is not responsible for the malfunction of the Software derived from a computer attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". 8.27.2. Disclaimer THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 7 ARE THE ONLY WARRANTIES MADE BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSING. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WORLDSENSING'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.

Warranty for Software. Worldsensing SYSTRAN warrants for the period set out in the general Sales Terms and Conditions approved by the company and commencing upon delivery of the Software to Licensee that the Software, as delivered, will in all material respects perform the functions described in the specifications contained in the documentation provided with the Software. If the Software does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the Maintenance Agreement in place between the Licensee and Worldsensing, which shall be Worldsensing's entire liability and Licensee's exclusive remedy for breach of this warranty. Worldsensing does not warrant that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hotfixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by SYSTRAN, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet LicenseeSYSTRAN's requirementsLimited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. SYSTRAN's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXX or for any other liability relating to the Software shall be, at SYSTRAN's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to SYSTRAN with a copy of your receipt. You will receive the remedy elected by SYSTRAN without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software will operate in the combinations which Licensee may select for use, that the operation to SYSTRAN). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be uninterrupted warranted for the remainder of the original warranty period or error-freethirty (30) days, whichever is longer. To exercise your remedy, contact: SYSTRAN SA, Attn. SYSTRAN Customer Support / 0 xxx Xxxxxxx 00000 Xxxxx, Xxxxxx, or that all error conditions will be corrected, also Worldsensing is not responsible for the malfunction of the Software derived from a computer attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". 8.2. Disclaimer THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 ARE THE ONLY WARRANTIES MADE BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSING. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WORLDSENSING'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARESYSTRAN subsidiary serving your country.

Warranty for Software. Worldsensing warrants for For the period set out in the general Sales General Terms and Conditions approved by of Sale, and starting from the company and commencing upon delivery date of the Software to Licensee Worldsensing’s invoice, Worldsensing warrants that the Software, as delivered, will in all material respects perform the functions described in the specifications contained in the documentation provided with the Software. If the Software does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the Maintenance Agreement in place between the Licensee and Worldsensingwarranty terms, which shall be Worldsensing's entire liability and Licensee's exclusive remedy for breach all claims based on failure of this warrantyor defect in the Software. Worldsensing does not warrant that the Software will meet the Licensee's requirements, that the Software will operate in all combinations the combinations which Licensee may select choose for use, that the operation of the Software will be function uninterrupted or error-free, or that any security mechanisms implemented by Worldsensing for integrity reasons will be without inherent limitations in the system or features. Furthermore, Worldsensing does not guarantee that all error conditions will be corrected, also Worldsensing corrected and is not responsible liable for the any Software malfunction of the Software derived resulting from a computer cyber-attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". 8.2. Disclaimer THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 ARE THE ONLY WARRANTIES MADE PROVIDED BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSINGSOFTWARE. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE. NOR THAT THE SOFTWARE WILL DETECT ANY SPECIFIC PARTICULAR FAILURE, FAULT OR CONDITION OF THE MONITORED DEVICE. WORLDSENSING'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE. LICENSEE USES THE RESULTS OR RECOMMENDATIONS GENERATED BY THE SOFTWARE OR ANY COMPATIBLE DEVICE AT LICENSEE'S OWN RISK, AND LICENSEE IS SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING ALL RESULTS FROM THEIR USE, FOR TAKING ANY ACTION IN RESPONSE TO SUCH RESULTS OR RECOMMENDATIONS, AND FOR ANY COSTS OF MAINTENANCE OR OTHER COSTS ARISING FROM THE USE OF THE SOFTWARE OR ANY DEVICE. WORLDSENSING IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF ABSOLUTE POSITIONING MEASUREMENTS, DUE TO THE AVAILABILITY OR MALFUNCTION OF THE SATELLITE SIGNAL. LICENSEE ACKNOWLEDGE THAT THE SOFTWARE AND NETWORK ACCESS ARE SUBJECT TO TRANSMISSION LIMITATIONS CAUSED BY A VARIETY OF FACTORS SUCH AS ATMOSPHERIC CONDITIONS, TOPOGRAPHICAL OBSTRUCTIONS, LIMITATIONS OR LACK OF COVERAGE OF THE UNDERLYING CARRIER SERVICE, AND OTHER NATURAL OR MANMADE CONDITIONS. ADDITIONALLY, MOTOR AND IGNITION NOISE, METAL SHIELDING, INTERFERENCE BY USERS OF THE SAME OR ADJACENT RADIO CHANNELS MAY LIMIT OR INTERFERENCE WITH COVERAGE. WORLDSENSING IS NOT LIABLE FOR DELAYS, FAILURES OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF THEIR CONTROL. WORLDSENSING HAVE NO LIABILITY FOR ANY DEVICE AND MAKES NO WARRANTIES REGARDING ANY DEVICE, INCLUDING WITHOUT LIMITATION REGARDING CONTINUED COMPATIBILITY OF THE SOFTWARE WITH ANY DEVICE.