Warranty Remedies and Limitations Sample Clauses

Warranty Remedies and Limitations. Warranty. For the warranty period applicable to each Equipment and Equipment Software as indicated below (the “Initial Warranty Period”), which may be extended by the purchase of extended warranties or additional Support Services, (collectively the “Service Period”), we warrant the Equipment Software media and Equipment to be free from defects in material or workmanship under normal use and service, and warrant the Equipment Software to perform substantially in accordance with its documentation, provided i) that you adhere to the provisions of this Agreement, and ii) that Equipment Software is warranted ONLY when installed by a qualified person on a computer system that meets the specified hardware and software configuration described in the software documentation (all of the foregoing is our “Warranty Support”). You are solely responsible for theuseof the Equipmentand Equipment Software, and for the accuracy and adequacy of data entry. You have full responsibility for the care and well-being of your Patients, and any reliance by you upon the Equipment, laptops and software does not diminish that responsibility. THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES OFFERED AND ARE IN LIEU OF ALL OTHERS, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHICH ARE HEREBY EXCLUDED IF SUCH EXCLUSION IS PERMITTED UNDER APPLICABLE LAW OR REGULATION. Except as set forth herein, these warranties are made only to the original purchaser/licensee of the Equipment, laptops and software and are not transferable without the consent of CSD. Warranties are effective upon delivery or implementation/installation, whichever is later, but in no event later than six months after initial delivery.
AutoNDA by SimpleDocs
Warranty Remedies and Limitations 

Related to Warranty Remedies and Limitations

  • Limitation of Remedies and Damages 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!