Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Each Licensor warrants that, for a ------------------------------- period of ninety (90) days from the date of delivery of the Licensor Licensed Products, (a) the Licensor's Licensed Products shall perform substantially in accordance with the documentation therefor, and (b) the media upon which the Licensor's Licensed Products are provided to the Licensee shall be free from defects in material and workmanship under normal use. This warranty covers only problems reported to the Licensor during the warranty period. WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY STATED HEREIN, EACH LICENSOR'S LICENSED PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. EACH LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTS. The performance of each Licensor's Licensed Products varies with various manufacturers' equipment with which it is used. Each Licensor does not warrant that the Licensor's Licensed Products or the functions contained in the Licensor's Licensed Products will meet the Licensee's requirements, operate without interruption or be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return to the Licensor within the warranty period.

Limited Warranty and Disclaimer. Each Licensor warrants that, for a ------------------------------- period of ninety (90) days from the date of delivery of the Licensor Licensed Products, (a) the Licensor's Licensed Products shall perform substantially in accordance with the documentation therefor, and (b) the media upon which the Licensor's Licensed Products are provided to the Licensee shall be free from defects in material and workmanship under normal use. This warranty covers only problems reported to the Licensor during the warranty period. WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY STATED HEREIN, EACH LICENSOR'S LICENSED PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. EACH LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTS. The performance of each Licensor's Licensed Products varies with various manufacturers' equipment with which it is used. Each Licensor does not warrant that the Licensor's Licensed Products or the functions contained in the Licensor's Licensed Products will meet the Licensee's requirements, operate without interruption or be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return to the Licensor within the warranty period.

Limited Warranty and Disclaimer. Each Licensor warrants that, that the media on which the Software is provided will be free from defects in materials and workmanship for a ------------------------------- period of ninety (90) days from after the date of its delivery of the Licensor Licensed Productsto Licensee. LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED PURPOSES AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, (a) the Licensor's Licensed Products shall perform substantially in accordance with the documentation thereforTHAT THE SOFTWARE IS FIT FOR ANY PARTICULAR USE OR PURPOSE, and (b) the media upon which the Licensor's Licensed Products are provided to the Licensee shall be free from defects in material and workmanship under normal useOR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR AND BUG- FREE. This warranty covers only problems reported to the Licensor during the warranty period. WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY STATED HEREINFOR THE LIMITED WARRANTIES IN THIS SECTION 4, EACH LICENSOR'S LICENSED PRODUCTS ARE THE SOFTWARE IS PROVIDED "“AS IS" ” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, KIND INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF PERFORMANCE OR MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. EACH LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTSSome states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to Licensee. The performance of each Licensor's Licensed Products varies To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty provides Licensee with various manufacturers' equipment with specific legal rights. Licensee may have other rights which it is used. Each Licensor does not warrant that the Licensor's Licensed Products vary from state to state or the functions contained in the Licensor's Licensed Products will meet the Licensee's requirements, operate without interruption or be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return jurisdiction to the Licensor within the warranty periodjurisdiction.

Limited Warranty and Disclaimer. Each Solely with respect to the Software for which Licensor receives a license fee, Licensor warrants that, for the Term of this License Agreement, the Software will substantially contain the functionality described in the Documentation, and when properly installed on a ------------------------------- period computer meeting the specifications set forth in, and operated in accordance with, the Documentation, will substantially perform in accordance therewith (the “Limited Warranty”). The Limited Warranty will not apply and will become null and void if Licensee breaches any provision of ninety this License Agreement, or if Licensee, or any other person provided access to the Software by Licensee, whether or not in violation of this Agreement: (90i) days from installs or uses the date of delivery Software on or in connection with any hardware or software not specified in the Documentation; (ii) modifies or damages the Software, or the media on which it is provided, including abnormal physical or electrical stress; or (iii) misuses the Software, including any use of the Licensor Licensed Products, (a) Software other than as specified in the Licensor's Licensed Products shall Documentation. If any Software covered by the Limited Warranty fails to perform substantially in accordance with the documentation thereforDocumentation, and such failure is not excluded from Limited Warranty, Licensor will, subject to Licensee’s promptly notifying Licensor in writing of such failure, at its sole option, either, at Licensor’s election: (bi) repair or replace the media upon which Software, provided that Licensee provides Licensor with all information Licensor requests to resolve the Licensor's Licensed Products are provided reported failure, including sufficient information to the Licensee shall be free from defects in material and workmanship under normal use. This warranty covers only problems reported to enable the Licensor during to recreate such failure; or (ii) refund the warranty periodlicense fees paid for such Software, subject to Licensee’s ceasing all use of and, if requested by Licensor, returning to Licensor all copies of the Software. WARRANTY DISCLAIMER: The remedies set forth in this Section 5 are Licensee’s sole remedies and Licensor’s sole liability under this License Agreement. EXCEPT AS EXPRESSLY STATED HEREINFOR THE LIMITED WARRANTY, EACH LICENSOR'S LICENSOR PROVIDES THE LICENSED PRODUCTS ARE PROVIDED "SOFTWARE “AS IS" ” AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESS LICENSOR, ON ITS OWN BEHALF, AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE THIRD PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR OTHERWISE, WARRANTIES OF PERFORMANCE INCLUDING WITHOUT LIMITATION, WARRANTIES, CONDITIONS OR MERCHANTABILITY OR OTHER TERMS REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR NONINFRINGEMENTUNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EACH LICENSEE BEARS ALL RISK RELATING IN ADDITION, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTS. The performance of each Licensor's Licensed Products varies with various manufacturers' equipment with which it is used. Each Licensor does not warrant that the Licensor's Licensed Products or the functions contained in the Licensor's Licensed Products will meet the Licensee's requirements, operate without interruption or be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return to the Licensor within the warranty periodINTRUSION OR ATTACK.