Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).
Limited Warranties Disclaimer. 7.1 Company delivers, and Customer accepts, the System and the Services on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis, and without any representations or warranties of any kind.
Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws.
Limited Warranties Disclaimer. 4.1 The Software and Documentation are licensed "AS IS". The Licensor disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Licensor does not warrant the functions contained in the Software will meet any requirement or needs the Licensee may have, or that the Software will operate error free, or in an uninterrupted fashion, or that the Software is compatible with any particular platform. The Licensor makes no guarantees regarding the use or any results deriving from the use of the Software and Documentation with respect to their correctness, accuracy, trustworthiness or in any other way.
Limited Warranties Disclaimer. (a) USC hereby represents and warrants to Licensee as of the Effective Date that: (i) to the Knowledge (defined below) of USC, USC is the sole owner or a co-owner with the right to grant the exclusive license hereunder, of the patents and patent applications listed on Appendix A hereto; (ii) USC has not granted any license or option to license under the PATENTS in the FIELD OF USE to any third party (other than any such license or option to license that is no longer in force or effect); (iii) to the Knowledge of USC, USC has not received any written notice from any third party alleging that the practice of the inventions claimed in the PATENTS infringes the intellectual property rights of such third party; (iv) to the Knowledge of USC, Novartis has no claims to the practice of the inventions claimed in the PATENTS, and (v) to the Knowledge of USC, USC has not received any notice of termination of any interinstitutional agreement covering the applicable patents and patent applications listed in Appendix A. For purposes of this Paragraph, USC will be considered to have “Knowledge” of a particular fact or circumstance if such fact or circumstance is known to the most senior employee of USC’s technology licensing department or to any employee of USC who reports directly or indirectly to such senior employee, or if such fact or circumstance is described or disclosed in a written document received or sent by USC’s technology licensing department (including written correspondence with USC’s intellectual property counsel);
Limited Warranties Disclaimer. Each Party represents and warrants to the other Party that: (a) such Party is qualified and registered to transact business in all locations where the performance of its obligations hereunder would require such qualification; (b) the individual person(s) signing the Master Terms and any Service Order has all right, power and authority to sign them on behalf of such Party; and (c) the execution of the Agreement by such Party will not conflict with or violate, and will not breach, any agreement, covenant, court order, judgment or decree to which such Party is a party or by which it is bound. Client further represents and warrants that neither it, nor any of its Affiliates, officers, directors, employees or end users are on any of the U.S. government export screening lists of the Department of Commerce, Department of State and Department of the Treasury, including without limitation the Denied Persons List, the Entity List, the Debarred List, or the list of Specially Designated Nationals. Client will promptly notify Integris if it is identified on any of the foregoing lists at any point during the term of the Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, ALL SERVICES AND ALL MATERIALS (INCLUDING PRODUCTS) PROVIDED BY INTEGRIS OR ITS AFFILIATES ARE PROVIDED “AS IS” AND INTEGRIS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INTEGRIS DOES NOT MONITOR OR EXERCISE CONTROL OVER ANY CLIENT PROPERTY STORED, PROCESSED, TRANSMITTED THROUGH OR OTHERWISE RESIDING ON CLIENT EQUIPMENT OR TRANSMITTED THROUGH CLIENT NETWORKS. USE OF ANY CONTENT, DATA OR INFORMATION OBTAINED VIA THE SERVICES IS AT CLIENT’S OWN RISK, AND INTEGRIS DOES NOT REPRESENT, WARRANT OR COVENANT THAT ANY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. INTEGRIS SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF CONTENT, DATA AND INFORMATION OBTAINED THROUGH ITS SERVICES. CLIENT ACKNOWLEDGES THAT, DUE TO THE PUBLIC NATURE OF THE INTERNET, THERE IS NO GUARANTEE OF SECURITY OR PRIVACY ON THE INTERNET AND INTEGRIS MAKES NO GUARANTEE THAT ANY OF CLIENT’S SYSTEMS, CONTENT, DATA AND INFORMATION WILL BE SECURE OR KEPT PRIVATE WITH RESPECT TO THIRD PARTY ACCESS VIA THE INTERNET. INTEGRIS IS NOT RESPONSIBLE FOR THE MANNER IN WHICH THE SERVICE IS USED B...
Limited Warranties Disclaimer. CREDIT UNION MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ACCOUNT, SERVICE, COMPONENT, OR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL MEET THE NEEDS OR SPECIFICATIONS OF YOU. CREDIT UNION AND ALL THIRD-PARTY SERVICE PROVIDERS OF CREDIT UNION EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL BE FREE OF DEFECTS, SAFE, SECURE OF ANY PARTICULAR QUALITY, OR PROVIDE ANY PARTICULAR LEVEL OF PERFORMANCE OR AVAILABILITY. EACH ACCOUNT, SERVICE OR COMPONENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. CREDIT UNION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF WHETHER CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The obligations set forth in this Section shall survive termination of this Agreement, or any Addenda.
Limited Warranties Disclaimer. 11.1 Veracity warrants that, for a period of ninety (90) days following the purchase date set forth on the Services Agreement, the Software will substantially contain the functionality described in the Documentation, and when properly installed on a computer meeting the specifications set forth in, and operated in accordance with, the Documentation, will substantially perform in accordance therewith. THE FOREGOING WARRANTIES DO NOT APPLY, AND VERACITY STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD- PARTY MATERIALS.
Limited Warranties Disclaimer. 4.1 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii)) that:
Limited Warranties Disclaimer. 6.1. Infinera warrants that the hardware will perform in accordance with the standard specifications for a period of 12 months from Acceptance, and the Software will perform in accordance with the standard specifications for 90 days from Acceptance.
