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 IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A 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. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Appears in 4 contracts

Samples: Azul Software Agreement Terms and Conditions, Azul Software Agreement Terms and Conditions, Azul Software Agreement Terms and Conditions

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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 user 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 IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A 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. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Appears in 3 contracts

Samples: Azul Software Agreement Terms and Conditions, Azul Subscription Agreement Terms and Conditions, Azul Subscription Agreement Terms and Conditions

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Company warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first acquisition of the applicable Software Services Term that such Software will operate substantially pursuant to the Product will materially conform to Azul’s then current Documentation for such ProductSoftware. This warranty covers only problems reported to Azul Company during the warranty period. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, UNAUTHORIZED REPAIR OR UNAUTHORIZED INSTALLATION IS NOT COVERED BY WARRANTY. ANY LIABILITY OF AZUL COMPANY WITH RESPECT TO A PRODUCT SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT IS ARE INADEQUATE AS A REMEDY OR, IN AZULCOMPANY’S OPINION, IMPRACTICAL, TO A 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. FURTHER, AZUL COMPANY DOES NOT WARRANT RESULTS OF USE OR USE, THAT THE PRODUCTS ARE SOFTWARE IS BUG FREE OR THAT THE PRODUCTSOFTWARE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT ITS USE OR THE USE OF LICENSEE’S USE LOCAL NETWORK WILL BE UNINTERRUPTED.

Appears in 2 contracts

Samples: License Agreement Terms and Conditions, License Agreement Terms and Conditions

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 License term that the Product Software will materially conform to Azul’s then current Documentation user documentation for such ProductSoftware. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT SOFTWARE REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE FEES PAID BY CUSTOMER YOU FOR THE PRODUCT SOFTWARE THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE SOFTWARE IS 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. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT’S USE OPERATION OF THE SOFTWARE WILL BE ENTIRELY ERROR FREE OR UNINTERRUPTED, APPEAR OR PERFORM PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION, OR COMPLY WITH REGULATORY REQUIREMENTS.

Appears in 2 contracts

Samples: End User Licensing Agreement, End User Licensing Agreement

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 's then current Documentation user 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 IS INADEQUATE AS A REMEDY OR, IN AZUL’S 'S OPINION, IMPRACTICAL, TO A 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. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S 'S USE WILL BE UNINTERRUPTED.

Appears in 1 contract

Samples: Following Terms and Referenced Exhibits

Limited Warranty and Disclaimer. Except in the case of an Evaluation Licenseevaluation license, Azul Tortuga warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term a Product that the such Product will materially conform to AzulTortuga’s then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul Tortuga during the warranty period. ANY LIABILITY OF AZUL TORTUGA WITH RESPECT TO A ANY PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZULTORTUGA’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE THEN- REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULTORTUGA, 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. FURTHER, AZUL TORTUGA DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Appears in 1 contract

Samples: Terms and Conditions

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Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days (“Warranty Period”) 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 IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A 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. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Appears in 1 contract

Samples: cms.immixgroup.com

Limited Warranty and Disclaimer. Except in the case of an Evaluation Licenseevaluation license, Azul Cycuity warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term a Product that the such Product will materially conform to AzulCycuity’s then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul Cycuity during the warranty period. ANY LIABILITY OF AZUL CYCUITY WITH RESPECT TO A ANY PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZULCYCUITY’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE THEN-REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULCYCUITY, 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. FURTHER, AZUL CYCUITY DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Saaswedo warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term Service that the Product Service will materially conform to Azul’s Saaswedo's then current Documentation user documentation for such Productthe Service. This warranty covers only problems reported to Azul Saaswedo during the warranty period. ANY LIABILITY OF AZUL SAASWEDO WITH RESPECT TO A PRODUCT SERVICE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT SERVICE REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S SAASWEDO'S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULSAASWEDO, ALL PRODUCTS ARE THE SERVICE IS 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. FURTHER, AZUL SAASWEDO DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS SERVICE ARE BUG FREE OR THAT THE PRODUCT’S SERVICE'S USE WILL BE UNINTERRUPTED.

Appears in 1 contract

Samples: Saaswedo Master Service Agreement

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