Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. End User may have specific rights with respect to the laws of its state, country or other jurisdiction. End User may also have rights with respect to the Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights if the laws of such state, country or other jurisdiction do not permit the XXXX to do so. Notwithstanding the foregoing, the parties agree as follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:

Limited Warranty and Disclaimer. End User may have specific rights with respect Pwnie Express warrants that, during the term of this Agreement, the Software and Sensors shall substantially conform to the laws applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its statesole option and expense, country shall repair, replace and/or modify any defective Software or other jurisdictiondefective Sensors as Licensee’s sole remedy. End User may also Pwnie Express shall have rights with respect to the Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights no warranty obligations if the laws Software or Sensors have been modified by Licensee or a third-party without the written consent of such statePwnie Express or have not been used in accordance with the Pwnie Express documentation. Further if the Sensor Hardware is lost, country stolen, damaged or other jurisdiction do not permit altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the XXXX to do socost of repair or replacement as determined by Pwnie Express. Notwithstanding the foregoingEXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, the parties agree as follows: XXXX-THE SOFTWARE IS LICENSED AND SENSORS ARE PROVIDED “AS IS” ”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATUREOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGWITH RESPECT TO THE SOFTWARE OR SENSORS, BUT NOT LIMITED TOINCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THE ABSENCE ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF ANY DEFECTS THEREINDEALING, WHETHER LATENT USAGE OR PATENTTRADE PRACTICE. XXXX CANNOT GUARANTEE AND IN NO EVENT DOES NOT PWNIE EXPRESS WARRANT THAT THE OPERATION OF THE XXXX-ANY SOFTWARE WILL OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR- ERROR FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:.

Limited Warranty and Disclaimer. End User may have specific rights with respect to Cobham Gaisler warrants that the laws program portion of its state, country or other jurisdiction. End User may also have rights with respect to the Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights if the laws of such state, country or other jurisdiction do not permit the XXXX to do so. Notwithstanding the foregoing, the parties agree as follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentationaccompanying documentation for a period of 90 days from the date of receipt. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x Xxxxxx Xxxxxxx’s entire liability and End UserLicensee’s exclusive remedy will for a breach of the preceding limited warranty shall be, at the sole option Cobham Gaisler’s option, either (a) return of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fee, or (b) providing a fix, patch, work-around, or replacement of the SOFTWARE that does not meet such limited warranty. In either case, Licensee must return the SOFTWARE to Xxxxxx Xxxxxxx with a copy of the purchase receipt or similar document. Replacements are warranted for the remainder of the original warranty period or 30 days, whichever is longer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE MADE BY COBHAM GAISLER WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION, AND COBHAM GAISLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COBHAM GAISLER DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. Licensee assumes the entire risk as to the results and performance of the SOFTWARE. Limitation of Liability. IN NO EVENT SHALL COBHAM GAISLER OR THEIR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF COBHAM GAISLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COBHAM XXXXXXX BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF LICENSEE’S USE OF THE SOFTWARE. In no event will Cobham Gaisler or its licensors be liable to Licensee for damages in an amount greater than the fees paid and terminate this XXXX. This limited warranty will not apply unless:for the use of the SOFTWARE.

Limited Warranty and Disclaimer. End User may have specific rights In the event that Customer elects to extend its license of the Product after the expiration of the Evaluation Period, STM warrants that for a period of sixty (60) days after the end of the Evaluation Period, the Product will perform substantially in accordance with respect the Documentation. STM’s and its licensors’ entire liability and Customer’s exclusive remedy under this warranty will be, at the sole option of STM and subject to applicable law, to replace the Product or to refund the purchase price and terminate Customer’s license to the laws of its state, country or other jurisdiction. End User may also have rights with respect to the Reseller from which End User purchased XXXX-SoftwareProduct. This XXXX limited warranty does not change those rights if cover any modification of the laws Product by Customer. STM does not warrant in any form the results or achievements of such statethe Product. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, country or other jurisdiction do not permit the XXXX to do so. Notwithstanding the foregoing, the parties agree as follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WITH ALL FAULTS”, AND XXXX STM AND ITS LICENSORS (IF ANY) MAKE AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND STM AND ITS LICENSORS SPECIFICALLY DISCLAIM WITH RESPECT TO THE PRODUCT, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORYWARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTIES WARRANTY OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENTQUIET ENJOYMENT, NON-INTERFERENCEQUIET POSSESSION, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will beCUSTOMER ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT AND HARDWARE TO ACHIEVE CUSTOMER’S INTENDED RESULTS, at the sole option of XXXX and subject to applicable lawAND FOR THE INSTALLATION OF, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:USE OF, AND RESULTS OBTAINED FROM THE PRODUCT AND HARDWARE.

Limited Warranty and Disclaimer. End User may have specific rights with respect Pwnie Express warrants that, during the term of this Agreement, the Software and Sensors shall substantially conform to the laws applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its statesole option and expense, country shall repair, replace and/or modify any defective Software or other jurisdictiondefective Sensors as Licensee’s sole remedy. End User may also Pwnie Express shall have rights with respect to the Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights no warranty obligations if the laws Software or Sensors have been modified by Licensee or a third-party without the written consent of such statePwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, country if the Sensor hardware is lost, stolen, damaged or other jurisdiction do not permit altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the XXXX to do socost of repair or replacement as determined by Pwnie Express. Notwithstanding the foregoingEXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, the parties agree as follows: XXXX-THE SOFTWARE IS LICENSED AND SENSORS ARE PROVIDED “AS IS” ”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATUREOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGWITH RESPECT TO THE SOFTWARE OR SENSORS, BUT NOT LIMITED TOINCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR THE ABSENCE ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF ANY DEFECTS THEREINDEALING, WHETHER LATENT USAGE OR PATENTTRADE PRACTICE. XXXX CANNOT GUARANTEE AND IN NO EVENT DOES NOT PWNIE EXPRESS WARRANT THAT THE OPERATION OF THE XXXX-ANY SOFTWARE WILL OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR- ERROR FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:.

Limited Warranty and Disclaimer. End User may have specific rights UST warrants to Customer, the original purchaser, and to no other party, that if any physical media included with respect the Product, as and when provided to Customer , will be free of physical defects in materials and workmanship for a period of ninety (90) days after the laws date that Customer initially acquire the Product. Customer’s exclusive remedy and UST’s sole liability for breach of its state, country or other jurisdiction. End User may also have rights with respect this warranty is that UST will replace any defective media returned to UST within the Reseller from which End User purchased XXXX-Softwareninety (90) day warranty period. This XXXX warranty does not change those rights if apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the laws remainder of such statethe original warranty period or twenty (20) days from the date we ship it to Customer, country or other jurisdiction do not permit the XXXX to do sowhichever is longer. Notwithstanding the foregoingEXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, the parties agree as follows: XXXX-SOFTWARE IS LICENSED “UST PROVIDES THIS PRODUCT "AS IS” " AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS WITHOUT WARRANTY OF ANY KIND OR NATURE, WHETHER EXPRESS, KIND. SAVE AS FORESAID UST HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY, INCLUDING, STATUTORY WARRANTIES INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS LIIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. UST DISCLAIM ALL LIABILITIES TO ANY PARTY FOR ANY DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPUTER EQUIPMENT (HOSTED BY EITHER UST OR THE ABSENCE CUSTOMER OR ANY THIRD PARTY) WHERE UST PRODUCT IS DEPLOYED AND USED BY THE CUSTOMER, COMPUTER PROGRAMS, DATA OR PROPRIETARY MATERIAL OR ANY SERVICE OR ITEMS OBTAINED BY THE CUSTOMER. TO THE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF ANY DEFECTS THEREINAPPLICABLE LAW, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE THE SCOPE AND DOES NOT WARRANT THAT THE OPERATION DURATION OF THE XXXX-SOFTWARE SUCH WARRANTY WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:MINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. End User The Licensee hereby agrees sole responsible for selecting and installing the Application and that the Software may have specific rights with respect to the laws of its state, country not satisfy all requirements or other jurisdictionbe free from defects. End User may also have rights with respect to the Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights if the laws of such state, country or other jurisdiction do not permit the XXXX to do so. Notwithstanding the foregoing, the parties agree as follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WITH ALL FAULTS”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND RIEDEL SPECIFICALLY DOES NOT WARRANT THAT THE OPERATION SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY RIEDEL OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MECHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIEDEL OR ITS RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. RIEDEL DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR ERROR- FREEOTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE WARRANTIES AND CONDITIONS IS NOT DESIGNEDPERMITTED BY LAW, MANUFACTURED, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE FAILURE DATE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEDELIVERY. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee The provisions of this licence supersede all prior agreements and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:representations.