Limited Warranty and Disclaimers Sample Clauses

Limited Warranty and Disclaimers a. The Software provided by Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. b. Quick Heal does not warrant, make any representations that Software will work uninterrupted, timely, secure or error-free or shall meet any or all your requirements whether disclosed to Quick Heal or any of its directors, agents, distributors and employees. The entire risks, faults as to performance of the Software, to achieve your intended results, the results obtained from the Software shall be assumed by You. c. You understand and accept that the Software will substantially perform according to the specifications, descriptions stated in the User Manual, as updated from time to time, subject to the following and Quick Heal expressly disclaims any and all liabilities arising from the following circumstances: (i) incompatibility caused by any software and/or hardware components installed on your Network/server where the Software will be/is installed. (ii) Any actions initiated by You or by third parties which were beyond the reasonable control of Quick Heal. (iii) Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, alterations, neglect, non-permitted modifications, acts of terrorism, vandalism and unauthorized repairs. (iv) If the Software has been mishandled at your premises either purposefully and/or due to in-appropriate working conditions or due to your negligence and/or attempts have been made to re-install, repair modify etc. without the supervision of the Quick Heal. The Software should be used in the operating environment as mentioned in user guide, if found to be used in other non supportive environment the warranty will be void. (v) the deficiencies, defects, in Your premises for operation and related infringements. (vi) Your violations of the terms and conditions described in the User manual or in this Agreement.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUE.

Limited Warranty and Disclaimers. Blue Planet represents and warrants that: (a) Support will be performed in a professional and workmanlike manner by qualified personnel; and (b) the Software, will under normal Use, substantially conform to the Software Documentation for a period of thirty (30) days following the date the Software is made available to You (“Warranty Period”). Warranty claims must be made to Blue Planet in writing within the Warranty Period. Blue Planet will, at its sole discretion, use commercially reasonable efforts to provide a suitable fix, patch or workaround for the problem or provide a replacement version of the Software that conforms to the published Software Documentation.

Limited Warranty and Disclaimers. The software is provided “as is” without warranty of any kind. Hex-Rays SA expressly disclaims all implied warranties, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. Hex-Rays SA does not guaran- tee the software or any accompanying materials in terms of their correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the software and written materials is assumed by you.

Limited Warranty and Disclaimers. Blue Planet represents and warrants that: the Software, will under normal Use, substantially conform to the Software Documentation for a period of thirty (30) days following the date the Software is made available to You (“Warranty Period”). Warranty claims must be made to Blue Planet

Limited Warranty and Disclaimers. Unless expressly stated otherwise in the Order, the rented Hardware will be covered by a Warranty Extension Service Pack so the provisions of Section 4 apply to the Hardware for the entire duration of the Rental term.

Limited Warranty and Disclaimers. You understand and acknowledge that the AxSTREAM® software, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service results, or warrant or represent that all program errors can or will be corrected. (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE. (c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO. (e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW...

Limited Warranty and Disclaimers. In addition to the disclaimers contained in the Agreement, the following shall apply:

Limited Warranty and Disclaimers. A. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Quick Heal warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Quick Heal's only obligation under this Agreement is, at Quick Heal's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Quick Heal's limited warranty and which is returned to Quick Heal with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Quick Heal software online though Quick Heal or its partner websites.

Limited Warranty and Disclaimers. A. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Quick Heal warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Quick Heal's only obligation under this Agreement is, at Quick Heal's option, to either (a) return payment as evidenced by a copy of the receipt or