Limited Warranties and Disclaimer. ISI warrants to End-User, during the term of this Agreement, that: (i) the Software will perform in substantial conformity with the Software Instructions; and (ii) it will use its commercially reasonable efforts to ensure that (a) the Software will be free from harmful code including, but not limited to, spyware, malware, viruses, time bombs, and Trojan horses (“Malware”), and (b) no Malware is introduced or transmitted by it to End-User’s computer system. For purposes hereof, Malware does not include Software code to enforce the Agreement. EXCEPT AS OTHERWISE EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS SECTION 11, (I) THE SOFTWARE, DEVICE, SOFTWARE INSTRUCTIONS, CONFIDENTIAL INFORMATION AND OTHER TECHNOLOGY OR MATERIALS PROVIDED BY ISI TO END USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (II) THIS AGREEMENT EXCLUDES AND ISI DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICES, THE SOFTWARE AND THE DEVICE (AND THE ACCURACY, OPERATION, FUNCTIONALITY, OR CAPABILITIES OF THE SERVICES, SOFTWARE, AND DEVICE) PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY EITHER PARTY, OR OTHERWISE (INCLUDING, BUT NOTLIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). ISI DOES NOT WARRANT THAT THE SERVICES, THE SOFTWARE OR THE DEVICE WILL BE PROVIDED UNINTERRUPTED OR WITHOUT ERROR, OR THAT THE SOFTWARE IS FREE OF MALWARE. ISI MAKES NO WARRANTY WITH RESPECT TO THIRD-PARTY SOFTWARE, WHICH, IF PROVIDED, IS PROVIDED “AS-IS”.
Limited Warranties and Disclaimer. Subject to Section 9 as modified for Licensed Materials that are purchased in certain member states of the EU, emmtrix excludes all warranties only to the extent permitted by the law therein; liability for any breach of warranty is excluded except when due to emmtrix’s gross negligence or intentional misconduct. A claim for damages arising from a defect in the Licensed Materials is only permissible if emmtrix fraudulently conceals such defect but in all cases subject to any statutory claims afforded to You by local law.
Limited Warranties and Disclaimer. 5.1. Equifax Limited Warranties. Equifax warrants that (i) it, and each of the subcontractors that it uses to provide and perform the Services, have the necessary knowledge, skills, experience, qualifications and resources to provide and perform the Services in accordance with this Agreement; (ii) the Services will be performed in a diligent, workmanlike manner which meets or exceeds industry standards applicable to the performance of such services; and (iii) that the Services, throughout the term of this Agreement shall conform substantially to the specifications as set forth in Exhibit A, as subject to and limited by Exhibit C, "Transition Period Services."
Limited Warranties and Disclaimer. (a) ControlSoft warrants that, for ninety (90) days after you obtain the Software (the “Warranty Period”),
Limited Warranties and Disclaimer. 7.1 Limited SyncDog Solution and Hardware Performance Warranty.
Limited Warranties and Disclaimer. Effective for Products manufactured after April 1st, 2012, IronRidge provides the following warranties, for Products installed properly and used for the purpose for which the Products are designed: (a) Products with finishes (ie excluding without limitation Products that are mill finished) shall be free of visible defects, peeling, or cracking, under normal atmospheric conditions, for a period of three years from the earlier of (i) the date of complete installation of the Product or (ii) 30 days after the original purchaser's date of purchase of the Product (“Finish Warranty”); (b) components shall be free of structurally-related defects in materials for a period of ten years from the earlier of (i) the date of complete installation of the Product or (ii) 30 days after the original purchaser's date of purchase of the Product; and (c) components shall be free of functionally-related manufacturing defects for a period of 20 years from date of manufacture. The Finish Warranty does not apply to: (d) surface oxidation of the galvanized steel components or any foreign residue deposited on Product finish; and (e) Products installed in corrosive atmospheric conditions, as defined solely by IronRidge; corrosive atmospheric conditions include, but are not limited to, conditions where Product is exposed to corrosive chemicals, fumes, cement dust, salt water marine environments or to continual spraying of either salt or fresh water. The Finish Warranty is VOID if (f) the practices specified by AAMA 609 & 610-02 – “Cleaning and Maintenance for Architecturally Finished Aluminum” (xxx.xxxxxxx.xxx) are not followed by Purchaser for IronRidge’s aluminum based components; and
Limited Warranties and Disclaimer. Effective for Products manufactured after January 1st, 2016, Tamarack Solar provides the following warranties, for Products installed properly and used for the purpose for which the Products are designed: (a) finishes shall be free of visible defects, peeling, or cracking, under normal atmospheric conditions, for a period of three years from the earlier of (i) the date of complete installation of the Product or (ii) 30 days after the original purchaser's date of purchase of the Product (“Finish Warranty”); (b) components shall be free of structurally-related defects in materials for a period of ten years from the earlier of (i) the date of complete installation of the Product or (ii) 30 days after the original purchaser's date of purchase of the Product; and (c) components shall be free of functionally- related manufacturing defects for a period of 10 years from date of manufacture. The Finish Warranty does not apply to:
Limited Warranties and Disclaimer
