Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such ProductDAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. This warranty covers only problems reported to Azul during the warranty periodUNDER NO CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE SOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. LICENSEE MAY, HOWEVER, ENTER INTO A SEPARATE MAINTENANCE AND SUPPORT ARRANGEMENT WITH JNBRIDGE. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY FAILURE OF THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND JNBRIDGE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JNBRIDGE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LICENSEE’S SOLE REMEDY, AND JNBRIDGE'S AND ITS LICENSORS’ ENTIRE LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER FOR ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF THE LIMITED WARRANTY CONTAINED IN A COMMERCIALLY REASONABLE TIME, AZUL MAYTHIS SECTION 7 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE DISCRETIONOPTION, TERMINATE (A) RETURN THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID AMOUNT RECEIVED BY CUSTOMER JNBRIDGE (IF ANY) FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZULSOFTWARE UNDER THIS AGREEMENT, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.OR

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul ID Agent warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul ID Agent in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by ID Agent. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF ID AGENT UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONID AGENT’S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL ID AGENT DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except Licensor makes no warranties with respect to Software, Data, Services, or Documentation if used in a manner not authorized herein. Licensee acknowledges that the case of an Evaluation License, Azul warrants for a period of ninety (90) days from information and data provided through the beginning use of the applicable Software and Services Term is derived from third-party sources, and that the Product will materially conform Licensor has not undertaken a separate investigation to Azul’s then current Documentation for such Productconfirm its validity. This warranty covers only problems reported to Azul during the warranty period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT AND ALL WARRANTIES, EXPRESS OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONEIMPLIED, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADEBETWEEN THE PARTIES. FURTHER, AZUL LICENSOR DOES NOT WARRANT RESULTS OF USE THAT THE SOFTWARE, DATA, DOCUMENTATION AND SERVICE FUNCTIONABILITY WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OR THAT THE PRODUCTS OPERATION OF THE SOFTWARE, DATA, DOCUMENTATION OR SERVICES WILL BE UNINTERRUPTED, BUG FREE, UNINTERRUPTED OR ERROR-FREE OR THAT AZUL LICENSOR WILL CORRECT ALL SOFTWARE, DATA, DOCUMENTATION OR SERVICE ERRORS. IN ADDITION, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SOFTWARE, DATA, DOCUMENTATION OR SERVICES AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SOFTWARE, DATA OR SERVICES. LICENSOR WILL USE GOODFAITH IN OBTAINING AND ASSEMBLING DATA FROM THIRD-PARTY SOURCES IT CONSIDERS RELIABLE BUT DOES NOT GUARANTEE THE ACCURACY NOR COMPLETENESS OF ANY DATA PROVIDED; MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTEDUSEFULNESS OF THIRD-PARTY DATA; AND DISCLAIMS ALL LIABILITIES ARISING THEREFROM OR RELATED THERETO. For the avoidance of doubt if there is any conflict with the terms of this Warranty and the BAA, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSthe BAA shall prevail.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Entegrata warrants to Subscriber for a period of ninety (90) days from the beginning Subscriber’s first use of the applicable Software Subscription Services Term (the “Warranty Period”) that the Product Software will materially conform to Azul’s then current operate substantially as described in the Documentation for such Productthe Software when installed, operated, and used as recommended in the Documentation and in accordance with this Agreement. This warranty covers only problems breaches reported to Azul Entegrata in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Entegrata. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ALTERATION, MODIFICATION, INSTALLATION NOT AUTHORIZED BY ENTEGRATA IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF ENTEGRATA UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONENTEGRATA’S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR SUCH SOFTWARE FOR THE PRODUCT THAT IS THE SUBJECT PERIOD OF THE CLAIMDEFICIENT OPERATION. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS SUBSCRIPTION SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL ENTEGRATA DOES NOT WARRANT RESULTS OF USE OR USE, THAT THE PRODUCTS SUBSCRIPTION SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL FREE OR WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SUBSCRIPTION SERVICES OR SOFTWARE SERVICES WILL BE UNINTERRUPTED, UNINTERRUPTED OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSERROR FREE.

Limited Warranty and Disclaimer. Except in the case of an Evaluation LicenseSAFECAREatHome warrants that, Azul warrants for a period of ninety thirty (9030) days from the beginning date of delivery (as evidenced by a your acceptance of this End User License Agreement): (i) when used with a recommended hardware configuration, The Product will perform in substantial conformance with all material portions of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such documentation supplied with The Product. This warranty covers only problems reported to Azul during the warranty periodSAFECAREATHOME PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “"AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE". SAFECAREATHOME AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADEPURPOSE. FURTHER, AZUL SAFECAREATHOME DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS PRODUCT IS ERROR-FREE OR WILL BE UNINTERRUPTEDOPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, BUG FREEINTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. SAFECAREATHOME DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE. SAFECAREATHOME SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, THAT AZUL WILL CORRECT ALL ERRORSSUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAFECAREATHOME, ITS DEALERS, DISTRIBUTORS, AGENTS OR THAT EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSSCOPE OF ANY WARRANTY PROVIDED HEREIN.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Kaseya warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul Kaseya in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Xxxxxx. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF KASEYA UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONKASEYA’S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL XXXXXX DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such ProductDAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. This warranty covers only problems reported to Azul during the warranty periodUNDER NO CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE SOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. LICENSEE MAY, HOWEVER, ENTER INTO A SEPARATE MAINTENANCE AND SUPPORT ARRANGEMENT WITH JNBRIDGE. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY FAILURE OF THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND JNBRIDGE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JNBRIDGE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LICENSEE’S SOLE REMEDY, AND JNBRIDGE'S AND ITS LICENSORS’ ENTIRE LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER FOR ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF THE LIMITED WARRANTY CONTAINED IN A COMMERCIALLY REASONABLE TIME, AZUL MAYTHIS SECTION 7 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE DISCRETIONOPTION, TERMINATE (A) RETURN THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID AMOUNT RECEIVED BY CUSTOMER JNBRIDGE (IF ANY) FOR THE PRODUCT THAT IS THE SUBJECT SOFTWARE UNDER THIS AGREEMENT, OR (B) UPON RETURN OF THE CLAIM. EXCEPT FOR SOFTWARE TO JNBRIDGE, REPAIR OR REPLACE THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY PORTION OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL SOFTWARE THAT DOES NOT WARRANT RESULTS OF USE OR THAT MEET THE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSLIMITED WARRANTY.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” ”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND KIND. WITHOUT LIMITING THE FOREGOING, NEITHER ECHOWORX NOR SERVICE PROVIDER WARRANTS THAT: (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT IT IS SUITED FOR ANY PARTICULAR PURPOSE; (B) THE PRODUCT WILL BE FREE FROM ANYONEANY DISABLING CODE; (C) OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED; (D) THE PRODUCT WILL BE ERROR-FREE; (E) YOU WILL ENJOY USE OF THE PRODUCT WITHOUT INTERFERENCE; (F) ERRORS OR OTHER DEFECTS IN THE PRODUCT WILL BE CORRECTED OR WILL BE CORRECTED WITHIN A SPECIFIC PERIOD OF TIME; OR (H) UNAUTHORIZED THIRD PARTIES WILL BE RESTRICTED FROM ACCESSING OR INTERFERING WITH DATA OR E-MAIL MESSAGES SENT OR RECEIVED USING THE PRODUCT. ECHOWORX AND SERVICE PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTIES, ANY WARRANTY REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY SATISFACTORY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, OPERATION AND ACCURACY OF THE PRODUCT IS BORNE BY YOU. WITHOUT LIMITING SECTIONS 9(B), (C) OR NONINFRINGEMENT(E) HEREOF, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT MAY CONTAIN CODE, INSTRUCTIONS, KEYS, TIMED ACTIVATION COMMANDS, AND DISABLING DEVICES THAT MAY BE USED BY ECHOWORX OR SERVICE PROVIDER TO INTERRUPT, PREVENT, MONITOR, DISCONTINUE, END, CONTROL, OR ANY WARRANTIES IMPLIED BY OTHERWISE DISABLE YOUR USE OF THE COURSE OF DEALING PRODUCT IN ACCORDANCE WITH ECHOWORX OR USAGE OF TRADE. FURTHERSERVICE PROVIDER RIGHTS, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS WILL BE UNINTERRUPTEDWHETHER CONTRACT, BUG FREECIVIL, THAT AZUL WILL CORRECT ALL ERRORSPROCEDURAL, STATUTORY, OR THAT OTHER RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWARE SERVICES WILL BE UNINTERRUPTEDEXCLUSION OF CERTAIN WARRANTIES OR OTHER TERMS, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSSO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Spanning warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul Spanning in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Spanning. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF KASEYA UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONKASEYA’S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL KASEYA DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Spanning warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul Spanning in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Spanning. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF KASEYA UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONKASEYA’S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL XXXXXX DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Layered IT warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term or Hardware (the “Warranty Period”) that the Product Software and/or Hardware will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software and/or Hardware. This warranty covers only problems reported to Azul Layered IT in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Layered IT. SOFTWARE, HARDWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF LAYERED IT UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR HARDWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONLAYERED IT’S DETERMINATION, TERMINATE IMPRACTICAL, TO REFUND THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE OR HARDWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE AND HARDWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL LAYERED IT DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE OR HARDWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES OR HARDWARE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR HARDWARE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR HARDWARE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Company warrants to you for a period of ninety thirty (9030) days from the beginning your first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul Company in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Company. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF COMPANY UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONCOMPANY'S DETERMINATION, TERMINATE IMPRACTICAL, TO PAY TO YOU THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE AMOUNT PAID BY CUSTOMER YOU TO COMPANY OR, AS APPLICABLE, TO AN AUTHORIZED RESELLER OF THE SOFTWARE FOR THE PRODUCT THAT IS THE SUBJECT USE OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL COMPANY DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such ProductDAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. This warranty covers only problems reported to Azul during the warranty periodUNDER NO CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE SOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY FAILURE OF AZUL WITH RESPECT THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 8, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND JNBRIDGE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PRODUCT PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JNBRIDGE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE PERFORMANCE THEREOF UNDER SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY WARRANTYNEW WARRANTIES. YOUR SOLE REMEDY, NEGLIGENCEAND JNBRIDGE'S AND ITS LICENSORS ENTIRE LIABILITY, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A FOR ANY BREACH OF THE LIMITED WARRANTY CONTAINED IN A COMMERCIALLY REASONABLE TIME, AZUL MAYTHIS SECTION 8 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE DISCRETIONOPTION, TERMINATE (A) RETURN THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID AMOUNT RECEIVED BY CUSTOMER JNBRIDGE (IF ANY) FOR THE PRODUCT THAT IS THE SUBJECT SOFTWARE UNDER THIS AGREEMENT, OR (B) UPON RETURN OF THE CLAIM. EXCEPT FOR SOFTWARE TO JNBRIDGE, REPAIR OR REPLACE THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY PORTION OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL SOFTWARE THAT DOES NOT WARRANT RESULTS OF USE OR THAT MEET THE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSLIMITED WARRANTY.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Spanning warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first use of the applicable Software Services Term (the “Warranty Period”) that the Product Software will materially conform operate substantially pursuant to Azul’s then current the Documentation for such Productthe Software. This warranty covers only problems reported to Azul Spanning in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Spanning. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF SPANNING UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT CANNOT SUBSTANTIALLY CORRECT IS INADEQUATE AS A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAYREMEDY OR, AT ITS SOLE DISCRETIONSPANNING'S DETERMINATION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICESIMPRACTICAL, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA TO REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. FURTHER, AZUL SPANNING DOES NOT WARRANT RESULTS OF USE USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE PRODUCTS SOFTWARE WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORSPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR MEET CUSTOMER’S REQUIREMENTS INTENDED FOR USE IN LIFE-DEPENDENT OR EXPECTATIONSHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT LICENSEE USES THE SOFTWARE OR SERVICE IN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR.

Limited Warranty and Disclaimer. Except in the case of an Evaluation LicenseTHORIUM POWER WARRANTS TO ENEC THAT (A) THE SERVICES WILL BE PERFORMED BY SUITABLY QUALIFIED AND EXPERIENCED PERSONNEL AS SPECIFIED IN THIS AGREEMENT TO RECOGNIZED NUCLEAR INDUSTRY STANDARDS AND WITH ALL REASONABLE SKILL AND CARE; (B) IN CONDUCTING THE SERVICES AND CREATING THE DELIVERABLES THORIUM POWER WILL NOT INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATE OR MISUSE THE CONFIDENTIAL INFORMATION OF ANY THIRD PARTY. THORIUM POWER WARRANTS TO USE ITS BEST EFFORTS TO ENSURE THAT ANY RESULTS, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such ProductDELIVERABLES OR TECHNICAL DATA PROVIDED WILL BE ERROR FREE, CONFORM TO ANY RELIABILITY OR PERFORMANCE STANDARDS AND WILL MEET ENEC’S NEEDS AND OBJECTIVES. This warranty covers only problems reported to Azul during the warranty periodTHESE WARRANTIES ARE THE ONLY WARRANTIES GIVEN BY THORIUM POWER. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT THORIUM POWER HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR THE PERFORMANCE THEREOF UNDER ANY WARRANTYDELIVERABLES, NEGLIGENCEINCLUDING, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY WARRANTY OR NONINFRINGEMENTGUARANTY OF ABSENCE OF HIDDEN DEFECTS, OR ANY WARRANTIES IMPLIED OTHER WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE BY THE COURSE REASON OF DEALING OR USAGE OF TRADE, CUSTOM OR COURSE OF DEALING. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONSThe compensation for any rework shall be as stated in ATTACHMENT D– COMPENSATION.