Warranty Limitation. We do not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and Software combinations other than as expressly required by us in the Product specifications or that Software will meet your requirements.
Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
(b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications.
(c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty Period.
(d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product.
(e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by...
Warranty Limitation. YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF KLYNT IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS TO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE PLAYER AND ANY SERVICES RENDERED BY THEM ARE PROVIDED “AS IS” WITH ALL DEFECTS AND WITHOUT ANY GUARANTEE OF ANY KIND. THE EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE, ACCURACY, EASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL AS TO THE EDITOR. THE EDITOR DOES NOT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, OR TO THE EFFECT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE SERVICES PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION WILL BE UNINTERRUPTED OR EXEMPT FROM DEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITTING BY THE EDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE. SHOULD YOUR INTERACTIVE PROGRAM PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. CERTAIN COUNTRY LAWS ALLOWING NEITHER THE EXCLUSION OF IMPLIED WARANTIES NOR LIMITATIONS ON APPLICABLE CONSUMERS’ RIGHTS, IT IS POSSIBLE THAT THE EXCLUSION AND LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. The Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet. In the event of a search using the Application, as the editor cannot exercise any control over these websites and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of obtaining reprehensible or irrelevant results. In certain instances, the contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address...
Warranty Limitation. THE MTS LIMITED WARRANTIES IN THE AGREEMENT ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTIES ARE EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF.
Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6, THE PARTIES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING TECHNOLOGY, GOODS, SERVICES, RIGHTS OR THE MANUFACTURE AND SALE OF PRODUCTS, AND HEREBY DISCLAIM: ANY OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING.
Warranty Limitation. The warranty and remedies for breach of warranty provided for in these General Conditions extend only to the original end-user’s production use of Products and do not cover, and Seller shall not be liable for, (i) Third-party products provided/specified by Purchaser, and any other third-party products expressly identified as such, are specifically excluded from Seller’s warranty set forth herein. Seller’s sole and exclusive warranty liability, responsibility and obligation with respect to such third-party product is to use all commercially reasonable efforts to pass through to Purchaser any applicable warranties provided by the sellers of such third-party products, if any, (ii) Products returned contaminated by chemicals or other substance, (iii) abnormal wear and tear or damage caused by installation, maintenance, or use which is improper or contrary to the instructions published by Seller, (iv) storage of Products in a wet or damp area or unprotected from weather and other job conditions, (v) any cause beyond the control of Seller, including without limitation conditions caused by movement, settlement or structural defects of the environment in which the Goods are installed or the Services are provided, fire, wind, hail, flood, lightning or other acts of God, any conditions related to, or caused by, failure to process or inaccurate processing of time-sensitive information and/or mechanisms, intentional acts, accidents, negligence or exposure to harmful chemicals, pollutants or other foreign matter or energy, (vi) repair or damage caused by anyone except personnel authorized by Seller, or (vii) any damage to the finish of the Products after they leave Seller's facility. Goods repaired or replaced and designs corrected under warranty are warranted until: (a) the expiration of the original warranty period; or (b) ninety (90) days from the date Purchaser receives the repaired or replaced item, whichever is later in time. Subject to the limited warranty for Services set forth in Section 6 of these General Conditions and Purchaser’s obligation to timely notify Seller of allegedly defective Services during the Services Warranty Period, Services provided hereunder are provided on an as-is, where is basis with no other warranty whatsoever. All Product literature is for illustrative purposes only and does not contain a warranty of any kind. Seller's advice relating to the technical usage of the Products or the intellectual property rights of others, whether provid...
Warranty Limitation. Notwithstanding the warranty provisions set forth in Section 8.1 above, all of Licensor's obligations with respect to such warranties shall be contingent on Licensee's use of the Licensed Programs in accordance with Licensor's instructions as provided by Licensor in the Documentation or otherwise, and as may be amended, supplemented, or modified by Licensor from time to time. Licensor shall have no warranty obligations with respect to any portion of the Licensed Programs which has been:
8.2.1 Operated by Licensee in a manner inconsistent with requirements set forth in the Documentation or under the provisions of this Agreement or that has been modified by any party other than Licensor;
8.2.2 Damaged in any manner and by any cause other than the act or omission of Licensor;
8.2.3 Operated or maintained in environmental conditions outside the parameters designated by Licensor in the Documentation or elsewhere;
8.2.4 Subjected to extreme power surge or electromagnetic field; or
8.2.5 Moved from the Designated Site without the prior written consent of Licensor.
Warranty Limitation. 10.1. Unless otherwise stipulated in these General Terms and Conditions, the statutory warranty provisions shall apply. The Con- tractor shall also bear all expenses regarding the examination and supplementary performance if it turns out that there actually was no defect. E.ON’s liability for damages in cases of unjustified demands for remediation remains unaffected; however, E.ON is only liable if E.ON has recognized or grossly negligent not recognized that there was no defect. Service Level Agreements (“SLA”) apply additionally in favor of E.ON and do not affect other rights.
10.2. In addition to the defect-related claims, the statutory claims of recourse of E.ON within a supply chain (entrepreneur´s re- course in accordance with Sections 445a, 478 of the German Civil Code [BGB]) are fully entitled to E.ON. In particular, E.ON is entitled to demand exactly the type of supplementary performance (repair or replacement) from the Contractor, which E.ON owes to its customer on a case-by-case basis. E.ON’s legal option (Section 439 para. 1 of the German Civil Code [BGB]) is not limited by this.
Warranty Limitation. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY, AND EACH PARTY EXPRESSLY DISCLAIMS ALL DISCLAIMS, ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY COMPOUNDS OR OTHER BIOLOGICAL OR CHEMICAL MATERIALS OR INFORMATION PROVIDED TO THE OTHER PARTY PURSUANT TO THIS AGREEMENT.
Warranty Limitation. The limited product and service warranties provided by Tennant are exclusive and are given and accepted in lieu of any and all other warranties express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose and all other remedies. These are the only remedies of Buyer for any breach of warranty or any other claim.
