Warranty Liabilities. All of the work and services performed and products delivered by Seller in connection with the Business have conformed in all material respects with all express warranties made by Seller and with all applicable implied warranties, and no Liability for replacement, repair, or reperformance thereof or other damages exist in connection therewith, subject only to the reserve for warranty claims set forth on the Balance Sheet and in any notes thereto as adjusted for operations and transactions through the Closing in the Ordinary Course. There are no warranties (express or implied) outstanding with respect to any products currently or previously delivered, manufactured, sold, provided, distributed, shipped, or licensed or any services rendered, by Seller in connection with the Business, beyond those set forth in the master service agreements disclosed in Section 2.12(a)(xiv) of the Disclosure Schedule. Except as set forth in Section 2.22 of the Disclosure Schedule, no warranty claims have been made against Seller in connection with the Business, and to Seller’s Knowledge, there is no basis therefor. There are no material design, manufacturing, or other defects, latent or otherwise, with respect to any such products or services.
Warranty Liabilities. 6.1. The Software and Documentation are provided on an "as is" basis and the Sublicensor does not provide any other warranties, including, but not limited, any implied warranties regarding the compliance of the Software with the requirements and/or expectations of the Sublicensee, a satisfactory level of the Software’s quality, the possibility of using Software for any specific purpose and (or) the absence of violation of the rights of third parties, to the maximum extent permitted by the applicable law. Without limiting the general meaning of the abovementioned, the Sublicensor does not guarantee that the Software will function continuously and safely, that the Software will not contain errors (including Significant defects, the presence of which makes it impossible and (or) significantly hinders the usage of the Software in accordance with its purpose), that any defects or errors will be corrected in the operation of the Software, that the Software will be compatible with any equipment of the Sublicensee and (or) any future products of the Sublicensor and (or) the Sublicensee, and also that the information stored or transmitted using the Software will not be lost, corrupted or destroyed. All the responsibility for the choice of the Software to be used in order to achieve the results desired by the Sublicensee is solely borne by the Sublicensee. The Sublicensee also bears all the risks associated with the installation of the Software on the Sublicensee's devices and/or equipment, as well as with the quality and functioning of the Software.
6.2. The Sublicensor is not responsible for the results obtained when using the Software. The Sublicensee bears full responsibility for the usage of the Software, which, in particular, provides for the determination of the appropriate method of using the Software and the choice of Software and other programs and technical means necessary to achieve one or another result.
6.3. Any warranty obligations that may be separately assumed by the Sublicensor in relation to the Software after the conclusion of the present Agreement do not apply to cases where a defect or error in the operation of the Software was directly and (or) indirectly caused by:
6.3.1. violations of the terms of usage of the Software, including, but not limited, the usage of the Software without compliance with the technical and other conditions and system requirements specified in this Agreement and Documentation; and (or)
6.3.2. unauthorized modification...
Warranty Liabilities. All warranty Liabilities of Seller or any of its Subsidiaries in respect of customers whose customer identification numbers are (1) set forth in Schedule 2.01(a), as delivered on the Effective Date, (2) added to Schedule 2.01(a) in connection with an update of such Schedule to add those customer identification numbers associated with those customers of the “Professional Division” covered by a “Lifetime Support” warranty, it being understood that such update shall be delivered within five Business Days after the Effective Date, (3) added to Schedule 2.01(a) in connection with an update of such Schedule as of the Closing Date as a result of sales to customers in the ordinary course of business (“Recent Customers”), it being understood that such update may be delivered up to 14 days after the Closing Date or (4) added to Schedule 2.01(a) after the Effective Date and prior to the one-year anniversary of the Closing Date in accordance with the provisions of this Section 2.01(a). The parties hereby acknowledge and agree that:
(i) Seller may include on Schedule 2.01(a) the customer identification number of any customer of Seller or any of its Subsidiaries other than an Excluded Customer. For purposes of this Agreement, “Excluded Customer” shall mean any consumer customer who did not purchase a Professional Product from Seller’s Professional Division or its Consumer Direct Division prior to the Closing Date, as determined in accordance with the methodology set forth in Schedule 2.01(a); and
Warranty Liabilities. Those Liabilities of Subsidiaries to service, repair, replace or re-perform products or services sold by the Subsidiaries on or before the Closing Date (i) to the extent required and limited by the relevant Subsidiary’s standard written warranty for such products or services set forth in Schedule 4.23 given by such Subsidiary in the ordinary course of the Business, but excluding any consequential, special or incidental damages, damages based on lost profits or other Liabilities for implied warranties or warranties other than such Subsidiary’s standard written warranty set forth on Schedule 4.23.
Warranty Liabilities. Any liabilities and obligations, -------------------- whether or not reserved for on the September 30, 1996, combined balance sheet of the Operating Partnership and Operating LLCs, or whether or not reserved for on any financial statements of the Operating Services Companies, with respect to any return, warranty, claim or refund or similar liabilities relating to products or services developed, licensed or sold in connection with the Business on or prior to the Closing;
Warranty Liabilities. (d) Schedule 1.1(a) - Personal Property Schedule 1.1(b) - Receivables
Warranty Liabilities. All of the work and services performed and products delivered by Seller in connection with the Business have conformed with all express warranties made by Seller and with all applicable implied warranties, and no Liability for replacement, repair, or reperformance thereof or other damages exist in connection therewith other than in the Ordinary Course. Except as set forth in Section 2.23 of the Disclosure Schedule, there are no warranties (express or implied) outstanding with respect to any products currently or previously delivered, manufactured, sold, provided, distributed, shipped, or licensed or any services rendered, by Seller in connection with the Business. Except as set forth in Section 2.23 of the Disclosure Schedule, no warranty claims have been made against Seller in connection with the Business, and to Seller’s Knowledge, there is no basis therefor. Except as set forth in Section 2.23 of the Disclosure Schedule, there are no material design, manufacturing, or other defects, latent or otherwise, with respect to any such products or services.
Warranty Liabilities. All Liabilities of Sellers with respect to product warranties relating to products sold by Sellers on or prior to the Closing Date, but only to extent of the reserve for product warranty claims on Sellers’ balance sheet for the month ended [November 30, 2015] (the “Latest Balance Sheet”).
Warranty Liabilities. All Liabilities arising out of or relating to product liability, indemnity, warranty, infringement, misappropriation or similar claims by any Person in connection with any tangible or intangible products or services used, sold or licensed by the Business, Seller or any of Seller’s Affiliates.
Warranty Liabilities. Any liabilities and obligations, whether or not reserved for on the September 27, 1997 balance sheet of Seller, with respect to any return, warranty, claim or refund or similar liabilities relating to products or services developed, licensed or sold in connection with the Business on or prior to the Closing;
