WARRANTY; WARRANTY DISCLAIMER Sample Clauses

WARRANTY; WARRANTY DISCLAIMER a. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SAAS IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. HONEYWELL IS NOT RESPONSIBLE OR LIABLE FOR USER’S (OR AUTHORIZED USER’S) USE OF THE SAAS, OR USE OR INTERPRETATION OFF THEIR OUTPUT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SAAS, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. NOTWITHSTANDING THE FOREGOING, HONEYWELL MAKES NO WARRANTY THAT THE SAAS WILL MEET USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE OR THAT THE CYBERSECURITY SERVICES WILL PREVENT OR MITIGATE ANY ACT OR ATTEMPT TO DISRUPT, MISUSE, OR GAIN UNAUTHORIZED ACCESS TO ANY SYSTEM OR ELECTRONIC FACILITIES OR OPERATIONS THAT RESULTS IN A LOSS, ALTERATION OR DISCLOSURE OF DATA, SYSTEM DOWNTIME OR DEGRADATION OR LOSS OF OPERATION OR SERVICES RELATING TO THE CYBERSECURITY SERVICES. USER ACKNOWLEDGES THAT SAAS IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN SUCH RESULTS, DATA OR INFORMATION COULD LEAD TO INJURY, ILLNESS, DEATH, PERSONAL INJURY, BUSINESS INTERRUPTION OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. b. HONEYWELL DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ISSUES, PROBLEMS, LATENCY, UNAVAILABILITY, DELAY OR SECURITY INCIDENTS ARISING FROM OR RELATED TO: (A) CONDITIONS OR EVENTS REASONABLY OUTSIDE OF HONEYWELL’S CONTROL; (B) CYBER-ATTACK; (C) PUBLIC INTERNET AND COMMUNICATIONS NETWORKS; (D) DATA, SOFTWARE, HARDWARE, SERVICES, VIRTUAL MACHINES, TELECOMMUNICATIONS, INFRASTRUCTURE OR OTHER EQUIPMENT NOT PROVIDED BY HONEYWELL, OR ACTS OR OMISSIONS OF THIRD PARTIES USER RETAINS; (E) USER’S AND AUTHORIZED END USER’ NEGLIGENCE OR FAILURE TO USE THE LATEST VERSION OR FOLLOW DOCUMENTATION;

WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that (a) cells and microorganisms included in the ATCC Material shall be viable upon initiation of culture for a period of thirty (30) days after shipment thereof from ATCC and (b) any ATCC Material other than cells and microorganisms shall meet the specifications on the applicable ATCC Material product information sheet, certificate of analysis, and/or catalog description until the expiration date on the applicable ATCC Material’s product label (such thirty (30) day period, or period until the expiration date, referred to herein as the “Warranty Period”). Purchaser’s exclusive remedy, and ATCC’s sole liability, for breach of the warranties set forth in this paragraph is for ATCC to, at ATCC’s sole option, either (i) refund the fee paid to ATCC for such ATCC Material (exclusive of shipping and handling charges), or (ii) replace the ATCC Material. The warranties set forth in this paragraph apply only if Purchaser handles and stores the ATCC Material as described in the applicable ATCC Material product information sheet. To obtain the exclusive remedy, Purchaser must report the lack of viability or non-conformation to specifications to ATCC’s Technical Service Department within the applicable Warranty Period. Any expiration date specified on the ATCC Material shipment documentation states the expected remaining useful life, but does not constitute a warranty or extend any applicable Warranty Period. Except as expressly provided above, the ATCC Material and any technical information and assistance provided by ATCC are provided as-is, without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and/or non-infringement. Purchaser is solely responsible for, and shall ensure, compliance with all foreign and domestic, federal, state and local statutes, ordinances and regulations applicable to use of the Biological Material by Purchaser or its Transferees. Purchaser is solely responsible for obtaining all permits, licenses or other approvals required by any governmental authority in connection with Purchaser’s and its Transferees’ receipt, handling, storage, disposal, transfer and use of the Biological Materials. Without limiting the generality of the foregoing, any shipment of Biological Materials to countries outside the United States must comply with all applicable foreign and U.S. laws, including the U.S. export control law...

WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that cells and microorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC for a period of thirty (30) days (”WARRANTY PERIOD”). ATCC warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCC’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to BEI Resources’ Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT.

WARRANTY; WARRANTY DISCLAIMER a. Honeywell warrants that, as of the date of delivery by Honeywell, the Software will materially operate according to Honeywell’s then- current applicable Documentation. If, within 90 days of such date, User documents and notifies Honeywell in writing that the Software does not meet this warranty, then Honeywell will, at its sole option and its expense: (i) correct the defect or error in the Software;

WARRANTY; WARRANTY DISCLAIMER. 10.1 Customer represents and warrants to Service Provider that: (a) Customer is the legal custodian of the Customer Data and it has the right and authority to use the Hosted Solution in connection with all Customer Data and other materials hereunder; (b) Customer will use reasonable efforts to ensure that any Customer Data submitted to Service Provider via electronic media will be free of viruses; and (c) anyone submitting Customer Data to Service Provider for use in connection with the Hosted Solution or Technical Services has the legal authority to do so, either through ownership of the Customer Data or by obtaining appropriate authorizations therefor, and that submission of Customer Data does not violate any contracts, agreements, or any applicable law. Customer is responsible for all Customer Data that is submitted to Service Provider for use in connection with the Hosted Solution or Technical Services. 10.2 SERVICE PROVIDER AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE HOSTED SOLUTION (INCLUDING ANY HARDWARE OR THIRD PARTY SOFTWARE) OR ANY HOSTING SERVICES PROVIDED OR MADE AVAILABLE FOR USE BY SERVICE PROVIDER TO CUSTOMER UNDER THIS AGREEMENT; AND EACH PARTY (AND, IN THE CASE OF SERVICE PROVIDER, ITS SUPPLIERS) DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES AGAINST INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. No oral or written information given by Service Provider, its agents, or employees shall create any warranty.

WARRANTY; WARRANTY DISCLAIMER. ABM warrants that (a) cells and microorganisms included in the ABM Material shall be viable upon initiation of culture for a period of thirty (30) days after shipment thereof from ABM and (b) any ABM Material other than cells and microorganisms shall meet the specifications on the applicable ABM Material product information sheet, certificate of analysis, and/or catalog description until the expiration date on the applicable ABM Material’s product label (such thirty (30) day period, or period until the expiration date, referred to herein as the “Warranty Period”). Purchaser’s exclusive remedy, and ABM’s sole liability, for breach of the warranties set forth in this paragraph is for ABM to, at ABM’s sole option, either (i) refund the fee paid to ABM for such ABM Material (exclusive of shipping and handling charges), or (ii) replace the ABM Material. The warranties set forth in this paragraph apply only if Purchaser handles and stores the ABM Material as described in the applicable ABM Material product information sheet. To obtain the exclusive remedy, Purchaser must report the lack of viability or non- conformation to specifications to ABM’s Technical Service Department within the applicable Warranty Period. Any expiration date specified on the ABM Material shipment documentation states the expected remaining useful life, but does not constitute a warranty or extend any applicable Warranty Period. Purchaser is solely responsible for compliance with all foreign and domestic, federal, state and local statutes, ordinances and regulations applicable to use of the Biological Material. Without limiting the generality of the foregoing, any shipment of Biological Materials to countries outside Canada must comply with all applicable foreign and Canadian laws, including the Canadian export control laws and related regulations. Distribution by ABM of Budapest Treaty patent deposits are made pursuant to, and in compliance with, all applicable laws and regulations, including the Budapest Treaty and related 37 C.F.R. provisions. If there is any conflict between the terms of this MTA and any applicable law or regulation with respect to Materials that are supplied hereunder by ABM from the stock of a Budapest Treaty deposit, then the terms of the applicable law or regulation shall govern.

WARRANTY; WARRANTY DISCLAIMER. Revvity warrants that: (i) the software as a service offering will substantially conform to the material features and functionality set forth in the Documentation, and (ii) it shall perform all Professional Services in a professional, workmanlike manner in accordance with generally recognized industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14, THE SERVICE AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING

WARRANTY; WARRANTY DISCLAIMER. 10.1 Fermic warrants that all Raw Materials and Product (Fermentation Product and Separation Product) shall meet the applicable specifications attached to this Agreement. Fermic warrants that Raw Materials and Product (Fermentation Product and Separation Product) will at all times be free and clear of any liens. 10.2 EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, FERMIC EXPRESSLY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WHETHER PRODUCTION OF PRODUCT AS CONTEMPLATED HEREIN WILL BE COMMERCIALLY VIABLE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR LOSS OF BUSINESS, PROFITS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. LIABILITY FOR DEFECTIVE PRODUCT OR FOR FAILURE TO DELIVER PRODUCT, UNLESS ATTRIBUTABLE TO ACTS OR OMISSIONS OF CUSTOMER, WILL BE LIMITED TO RETURN OF PRODUCT (FOR A FULL REFUND WHICH SHALL INCLUDE A REFUND OF A PORTION OF THE TOLLING FEE AS SET FORTH IN SECTION 4.3 AND SECTION 5.4) OR REPLACEMENT OF THE DEFECTIVE PRODUCT AT FERMIC’S EXPENSE.

WARRANTY; WARRANTY DISCLAIMER. Any expiration date specified on shipment documentation for MATERIAL and PIP BIOLOGICAL MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. MATERIAL and PIP BIOLOGICAL MATERIAL and any technical information and assistance provided by ATCC® are provided “as is”, without warranties of any kind, express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and non-infringement.

WARRANTY; WARRANTY DISCLAIMER. 5.1. Customer and/or Third Party Acts