Warranty and Liability Sample Clauses

Warranty and Liability. Except to the extent prohibited by Applicable Law, Free of Charge Services are provided “as is” without warranties of any kind and in the then-current version made available by us from time to time without support and availability commitments. We are not obliged to offer post- termination assistance. Siemens’ entire liability for all claims, damages, and indemnities arising out of or related to your use of a Free of Charge Service will not exceed, in the aggregate, the amount of EUR 1,000.00 (or the equivalent amount in local currency).

Warranty and Liability. Warranty Nearmap agrees to use industry standard GPS to ensure captured imagery has accurate geographical positioning.

Warranty and Liability. 5.1 Each Contributor warrants and represents that it has sufficient rights to grant the rights to its Modifications conveyed by this License. 5.2 Except as expressly set forth in this License, the Software is provided to You on an “as is” basis and without warranties of any kind, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy or non-infringement of intellectual property rights. Mandatory statutory warranty claims, e.g. in the event of wilful deception or fraudulent misrepresentation, shall remain unaffected. 5.3 Except as expressly set forth in this License, neither Licensor nor any Contributor shall be liable, including, without limitation, for direct, indirect, incidental, or consequential damages (including without limitation loss of profit), however caused and on any theory of liability, arising in any way out of the use or Distribution of the Software or the exercise of any rights under this License, even if You have been advised of the possibility of such damages. Mandatory statutory liability claims, e.g. in the event of wilful misconduct, wilful deception or fraudulent misrepresentation, shall remain unaffected.

Warranty and Liability. 7.1 For and during the Warranty Period (as defined below), Company warrants that the Goods will comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no specification for the Goods has been agreed to in writing between Company and Customer, Company warrants for and during the Warranty Period that the Goods will comply in all material respects with the specifications published by Company in relation to the Goods from time to time (if any), or, in the absence of any specification (agreed or published), the Goods will be free from material defects in workmanship or materials (the “Warranty”). 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 Any claim with respect to the Goods and any component parts manufactured by Company and sold hereunder shall be deemed waived by the Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Compan...

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompany in relationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeof itsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencement of any such repair or remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repair...

Warranty and Liability. 11.1. FOUNDATION WARRANTS TO LICENSEE THAT IT HAS THE LAWFUL RIGHT TO GRANT TO LICENSEE THE LICENSES UNDER THE LICENSED SUBJECT MATTER AS SET FORTH HEREIN. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, FOUNDATION MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND VALIDITY OF PATENT RIGHTS AND/OR TECHNICAL INFORMATION; AND ALL RIGHTS TO PATENT RIGHTS, TECHNICAL INFORMATION AND ANY MATERIALS PROVIDED BY FOUNDATION UNDER THIS AGREEMENT ARE PROVIDED “AS-IS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LICENSED SUBJECT MATTER IS WITH THE LICENSEE. 11.2. NO WARRANTY OR REPRESENTATION IS MADE THAT ANYTHING MADE, USED, SOLD, OR COMMERCIALLY TRANSFERRED, UNDER THE TERMS OF THIS LICENSE, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 11.3. NOTHING IN THIS AGREEMENT, EITHER EXPRESS OR IMPLIED, OBLIGATES FOUNDATION EITHER TO BRING OR TO PROSECUTE ACTIONS OR SUITS AGAINST THIRD PARTIES FOR PATENT INFRINGEMENT OR ENFORCEMENT OR TO FURNISH ANY INTELLECTUAL PROPERTY, INFORMATION OR MATERIALS NOT PROVIDED IN THE LICENSED SUBJECT MATTER. 11.4. IN NO EVENT WILL FOUNDATION BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE EXERCISE OF THIS LICENSE OR THE USE OF THE LICENSED SUBJECT MATTER, OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, LOST BUSINESS OPPORTUNITY, INVENTORY LOSS, WORK STOPPAGE, LOST DATA, OR DOWNTIME, WHETHER OR NOT FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.5. IN NO EVENT WILL FOUNDATION’S AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, INJURIES, SUITS, DEMANDS, JUDGMENTS, LIABILITIES, COSTS, EXPENSES, OR DAMAGES, FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATED TO THIS AGREEMENT), AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE FEES RECEIVED BY FOUNDATION FROM LICENSEE PURSUANT TO THIS AGREEMENT. LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION 10.7 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11.6. THIS AGREEMENT DOES NOT CONFER BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHTS TO ANY OTHER FOUNDATION PROPERTY OTHER THAN THOSE RIGHTS EXPRESSLY STATED HEREIN...

Warranty and Liability. 5.1 Sheffield makes no representation and gives no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages which may be suffered by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which ...

Warranty and Liability. 4.1 NLR warrants that NLR has the right to grant the license as defined in the Agreement. 4.2 To the best of NLR’s knowledge and belief, the software does not infringe any third party copyright or any other intellectual property. Any responsibility or liability of NLR for claims, costs, expenses and/or consequential losses or damages resulting from or arising out of any infringement of intellectual property rights is excluded. 4.3 NLR does not warrant that the Product will be error free or will operate without interruption. UNDER THE AGREEMENT OR UNDER THE GENERAL TERMS AND CONDITIONS, NLR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT OR COPYRIGHT. 4.4 IN NO EVENT SHALL NLR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR REVENUES OR LOSS OF DATA) WHETHER ARISING OUT OF THE INSTALLATION, THE USE OR INABILITY TO USE THE PRODUCT (EVEN IF NLR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR CLAIM) OR ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR BREACH OF ANY STATUTORY DUTY. XXXXXXXX AGREES TO INDEMNIFY AND HOLD NLR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY KIND (ALONG WITH ATTORNEYS’ FEES AND COST OF LITIGATION) INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM ANY INCORRECT OR MISLEADING RESULTS LICENSEE HAS OBTAINED THROUGH THE USE OF THE PRODUCT. 4.5 Notwithstanding the foregoing, NLR’s aggregate liability arising from or relating to the Agreement will not exceed the applicable License Fee paid by Licensee to NLR under the Agreement.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licensee, Lineto GmbH grants a 90-day warranty, guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty claim, the Licensee has to return the Font Software, including a copy of the sales receipt, within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited to either, at Lineto GmbH's choice, the replacement of the Software or the refund of the license fee that the Licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lin...

Warranty and Liability. 8.1 The limited warranty period is 24 months from date of delivery. The limited warranty applies exclusively to the hardware and software version delivered by meteocontrol at the time of delivery. Defects that are due to subsequent interference by the customer or defects that are caused by the customer's operating system or third-party products are not covered by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given untimely or improperly the warranty does not apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them ...