Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: Controls Terms of Service, Johnson Controls Terms of Service, Controls Terms of Service

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Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-non- conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, PRE-GA/TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR PRE-GA/TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, PRE-GA/TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR PRE-GA/TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, PRE-GA/TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, PRE-GA/TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, PRE-GA/TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, PRE-GA/TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Limited Warranty; Disclaimer. JCI Netsol warrants that the Service will perform substantially in conformance with its Documentation throughout Software media shall function properly for a period of sixty (60) days following the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach date of delivery of the foregoing warranty shall be that JCI will use commercially reasonable efforts Software to correct the non-conforming Service functionality without chargeCFS. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, OTHERWISE THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE PRODUCTS AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ALL ACCOMPANYING MATERIALS ARE PROVIDED ON AN “AS AVAILABLE,” “"AS IS” BASIS", AND NETSOL MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, CUSTOM AND USAGE IN THE TRADE. NETSOL'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE SHALL NOT BE LIMITED. NETSOL SHALL HAVE NO LIABILITY RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, JCI AND ITS AFFILIATESIN EQUITY, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY, FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND AMOUNTS FOR LOSS OF ACCURACYUSE, NON- INFRINGEMENTCOMPUTER MALFUNCTION, TITLELOST PROFITS, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY LOSS OF INFORMATION, BUSINESS INTERRUPTION, AND FITNESS COSTS OF COVER, EVEN IF NETSOL HAS BEEN ADVISED OF SAME. NO REPRESENTATION REGARDING PERFORMANCE OF THE SOFTWARE MADE ORALLY OR BY CONDUCT SHALL CONSTITUTE A WARRANTY BY OR OTHERWISE BE EFFECTIVE AGAINST OR BINDING UPON NETSOL. <PAGE> 8. LIMITED LIABILITY. NETSOL SHALL NOT BE LIABLE FOR A PARTICULAR PURPOSE; SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (BEVEN IF NETSOL HAS BEEN ADVISED OF SAME) ANY WARRANTY THAT: (I) THE SERVICESAND AMOUNTS FOR LOSS OF USE, TRIAL SERVICESCOMPUTER MALFUNCTION, SOFTWARE LOST PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESCOSTS OF COVER, TRIAL SERVICESARISING OUT OF, SOFTWAREIN CONNECTION WITH, OR THIRD PARTY RESULTING FROM, THE USE OF OR PERFORMANCE OF THE SOFTWARE WILL BE UNINTERRUPTEDAND MATERIALS. THE ENTIRE LIABILITY OF NETSOL FOR ANY LOSS OR DAMAGES ON A CLAIM OF ANY KIND RELATING TO THE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE IN EQUITY OR OTHERWISE), FREE OF HARMFUL COMPONENTSINCLUDING, TIMELY OR SECURE; OR (III) THE SERVICESBUT NOT LIMITED TO, TRIAL SERVICESCONTRACT, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TORT, NEGLIGENCE AND STRICT LIABILITY SHALL NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE EVENT EXCEED THE SCOPE SUM OF JCI’S OBLIGATIONS HEREUNDERALL PAYMENTS ACTUALLY MADE BY CFS TO NETSOL PURSUANT TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY ANY ACTION AGAINST NETSOL RELATING TO THE EXTENT PROHIBITED BY APPLICABLE LAW.PERFORMANCE OF THE SOFTWARE MUST BE BROUGHT WITHIN ONE (1)

Appears in 1 contract

Samples: www.sec.gov

Limited Warranty; Disclaimer. JCI The Company warrants to Host and Guest that the Service will perform substantially in conformance with its Documentation throughout Company has the Term. Except right to provide the Website to the extent prohibited Host and Guest for use by applicable lawthe Guest and Host in accordance with the terms of this Agreement. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, JCI’s sole obligation and your sole and exclusive remedy for breach maintaining a means external to Our site for any reconstruction of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the nonany lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCIOF-SERVICE ATTACK, misuse of the ServiceVIRUSES, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTIONOR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE PHONE OR DEVICE, THE SERVICESCOMPUTER EQUIPMENT, TRIAL SERVICESCOMPUTER PROGRAMS, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE ASSUME NO LIABILITY WHATSOEVER FOR UNAUTHORIZED ACCESS TO THE WEBSITE CAUSED AS A RESULT OF YOUR FAILURE TO SAFEGUARD YOUR PASSWORD OR OTHER PROTECTIVE LOG-IN INFORMATION. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR TRIAL ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS AVAILABLE,ISAND “AS ISAVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE MAXIMUM COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, JCI AND IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AND OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERSEMPLOYEES, SUBCONTRACTORSAGENTS, DISTRIBUTORSOFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND VENDORS WHETHER CAUSED BY TORT (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES INCLUDING NEGLIGENCE), BREACH OF ANY KIND WITH RESPECT TO THE SERVICESCONTRACT, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADEEVEN IF FORESEEABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL DOES NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Limited Warranty; Disclaimer. JCI Industrial Logic warrants to Licensee that the Service ILOT Services will perform substantially be provided in conformance with its Documentation throughout the Terma professional and workmanlike manner. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION INDUSTRIAL LOGIC EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEIMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) , THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) . INDUSTRIAL LOGIC IS DELIVERING THE ILOT SERVICES ON AN "AS IS" BASIS. INDUSTRIAL LOGIC DOES NOT WARRANT THAT THE ILOT SERVICES AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE ILOT MATERIALS PROVIDED BY INDUSTRIAL LOGIC TO LICENSEE HEREUNDER WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESREQUIREMENTS OF LICENSEE AND INDUSTRIAL LOGIC ASSUMES NO RESPONSIBILITY FOR THE QUALITY, TRIAL SERVICESUTILITY, SOFTWARE, ACCURACY OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE SECURITY OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL ILOT SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH USEFULNESS OF THE SAME FOR ANY HARDWARE PURPOSE. INDUSTRIAL LOGIC DOES NOT GUARANTEE NETWORK SECURITY. INDUSTRIAL LOGIC ACCEPTS NO RESPONSIBILITY OR SOFTWARE NOT EXPLICITLY SPECIFIED LIABILITY FOR THE SECURITY OF LICENSEE'S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF INDUSTRIAL LOGIC AND ITS LICENSORS AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN THE DOCUMENTATIONLIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR THAT DEFECTS REMEDY (COLLECTIVELY, "CLAIMS") IN THE TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF INDUSTRIAL LOGIC OR ITS AFFILIATES, ACTUAL OR IMPUTED. INDUSTRIAL LOGIC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO LICENSEE BY INDUSTRIAL LOGIC DURING PERFORMANCE OF ILOT SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCEOTHERWISE. Basically, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWthe ILOT Services are provided "AS IS" and we don't make any specific promises about them.

Appears in 1 contract

Samples: www.industriallogic.com

Limited Warranty; Disclaimer. JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you). JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . JCI AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONFREE, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL SHALL CREATE ANY ADDITIONAL JCI WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Licensor warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Product will operate substantially in accordance with the documentation provided as part of the Product. Licensor does not warrant that the Service Product will perform substantially in conformance with its Documentation throughout function without errors or interruptions. If the Term. Except Product fails to the extent prohibited by applicable lawconform to this warranty, JCILicensor’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Licensor’s option, either (a) return of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the ServiceProduct. This limited warranty is void if failure of the Product resulted from your negligence, abuse, accident, or your negligence improper or willful misconductunauthorized use of the Product. EXCEPT AS PROVIDED IN THIS SECTIONThis limited warranty does not apply to Evaluation Licenses or where the Product identified as “beta”, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN AS AVAILABLEpre-release,” “AS test,” “AS-IS,” or the like, or to any support or other services performed by Licensor, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND LICENSOR DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW OR OTHERWISE), AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE AND NONINFRINGEMENT. THE LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY LICENSOR’S RENDERING OF ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SUPPORT SERVICES OR SOFTWARE WILL BE CORRECTED; TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: structure101.com

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH IS WARRANTED TO THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASISORIGINAL LICENSEE AGAINST MATERIAL DEFECTS FOR A PERIOD OF THREE MONTHS FROM THE DATE OF ORIGINAL ACQUISITION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI LASERFICHE LICENSES THE SOFTWARE TO LICENSEE "AS IS" AND ITS AFFILIATESWITH ALL FAULTS. LASERFICHE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT INCLUDING BUT NOT LIMITED TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LASERFICHE DOES NOT WARRANT THAT (A) THE SOFTWARE OR ANY LASERFICHE PROFESSIONAL SERVICES (“SERVICES”) OR LASERFICHE SUPPORT WILL SATISFY LICENSEE’S REQUIREMENTS; OR (B) ANY WARRANTY THAT: (I) THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE PERFORMANCE OF SERVICES AND DELIVERY OF SUPPORT WILL BE UNINTERRUPTED, WITHOUT DEFECT OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (IIIC) THAT THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH OPERATE WITHOUT INTERRUPTION. NO RESELLER, DISTRIBUTOR OR OTHER THIRD PARTY MAY MODIFY, SUPPLEMENT OR CHANGE THIS WARRANTY, AND ANY HARDWARE SUCH MODIFICATIONS, SUPPLEMENTS OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE CHANGES WILL BE CORRECTED; AND (C) WITHOUT ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, LEGAL FORCE OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWEFFECT.

Appears in 1 contract

Samples: Laserfiche End User Software License Agreement

Limited Warranty; Disclaimer. JCI Ubiz warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Ubiz does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIUbiz’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Ubiz’s option, either (a) return of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN Software identified as AS AVAILABLEbeta,” “AS pre-release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Ubiz, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND UBIZ DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY UBIZ ’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. UBIZ SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: User License Agreement

Limited Warranty; Disclaimer. JCI Caribou warrants that any physical media manufactured by Caribou on which the Service Software is distributed will perform substantially in conformance with its Documentation throughout be free from defects for a period of sixty (60) days from the Termdate of delivery of the Software to you. Except to the extent prohibited by applicable law, JCI’s sole obligation and your Your sole and exclusive remedy for remedy, and Caribou’s sole liability, in the event of a breach of the foregoing warranty shall will be that JCI will use commercially reasonable efforts Caribou will, at its option, replace any defective media returned to correct Caribou within the non-conforming Service functionality without charge. JCI shall not be liable warranty period or refund the money you paid for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconductSoftware. EXCEPT AS PROVIDED FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTIONSECTION 7, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICESKIND. CARIBOU DISCLAIMS ALL WARRANTIES AND CONDITIONS, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; WARRANTIES AND (C) ANY WARRANTY CONDITIONS ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED FROM CARIBOU OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS ELSEWHERE WILL CREATE ANY ADDITIONAL WARRANTIES WARRANTY OR CONDITION NOT EXPRESSLY STATED IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERTHIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONSCaribou does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. IN SUCH AN EVENTCaribou specifically disclaims any warranty or representation as to the Software’s ability to perform every calculation without error. StumpGeek is a tool to aid in the operation of your Timber Harvesting business, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWas such, it should not be viewed as all inclusive and all calculations should be double checked for errors.

Appears in 1 contract

Samples: Software Subscription License Agreement

Limited Warranty; Disclaimer. JCI Industrial Logic warrants to Licensee that the Service ILR Services will perform substantially be provided in conformance with its Documentation throughout the Terma professional and workmanlike manner. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION INDUSTRIAL LOGIC EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEIMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) , THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) . INDUSTRIAL LOGIC IS DELIVERING THE ILR SERVICES ON AN "AS IS" BASIS. INDUSTRIAL LOGIC DOES NOT WARRANT THAT THE ILR SERVICES AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE ILR MATERIALS PROVIDED BY INDUSTRIAL LOGIC TO LICENSEE HEREUNDER WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESREQUIREMENTS OF LICENSEE AND INDUSTRIAL LOGIC ASSUMES NO RESPONSIBILITY FOR THE QUALITY, TRIAL SERVICESUTILITY, SOFTWARE, ACCURACY OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE SECURITY OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL ILR SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH USEFULNESS OF THE SAME FOR ANY HARDWARE PURPOSE. INDUSTRIAL LOGIC DOES NOT GUARANTEE NETWORK SECURITY. INDUSTRIAL LOGIC ACCEPTS NO RESPONSIBILITY OR SOFTWARE NOT EXPLICITLY SPECIFIED LIABILITY FOR THE SECURITY OF LICENSEE'S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF INDUSTRIAL LOGIC AND ITS LICENSORS AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN THE DOCUMENTATIONLIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR THAT DEFECTS REMEDY (COLLECTIVELY, "CLAIMS") IN THE TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF INDUSTRIAL LOGIC OR ITS AFFILIATES, ACTUAL OR IMPUTED. INDUSTRIAL LOGIC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO LICENSEE BY INDUSTRIAL LOGIC DURING PERFORMANCE OF ILR SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCEOTHERWISE. Basically, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWthe ILR services are provided "AS IS" and we don't promise anything about them.

Appears in 1 contract

Samples: industriallogic.com

Limited Warranty; Disclaimer. JCI SevOne warrants that that, at the Service time of initial delivery and for thirty (30) days thereafter (the “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its the then current Documentation throughout the Termwhen used in compliance with such Documentation. Except This warranty applies only to the extent prohibited standard version of the Software made generally available by applicable lawSevOne. If the Software fails to perform as warranted and SevOne is notified in writing of such failure during the Warranty Period, JCISevOne shall, as Customer’s sole obligation and your sole and exclusive remedy for breach remedy, provide all reasonable programming services within a reasonable period of the foregoing warranty shall be that JCI will use commercially reasonable efforts time to correct or, at SevOne’s sole option, replace the non-conforming Service functionality without chargeSoftware. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTIONNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES COMPONENTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “AS ISWITH ALL FAULTSBASIS. AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WITHOUT REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND WITH RESPECT KIND. Hardware may be covered by a separate warranty in accordance with the applicable warranty terms and conditions found at xxxxx://xxx.xxxxxx.xxx/wp- content/uploads/2020/05/support-hardware-warranty.pdf. EXCEPT AS SPECIFIED IN THIS SECTION 2, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, TRIAL SERVICES, SOFTWARE, PRODUCTS AND THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISECOMPONENTS, INCLUDING, WITHOUT LIMITATION: (A) THE , ANY IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICESTITLE, SOFTWARE NONINFRINGEMENT, SATISFACTORY QUALITY OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, FROM A COURSE OF DEALING, LAW, USAGE, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR TRADE PRACTICE, AND ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE REGARDING THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENTSECURITY, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE ARE HEREBY DISCLAIMED TO THE EXTENT PROHIBITED ALLOWED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants We warrant that at the Service time we transfer ownership of Propane or deliver a Leased Tank to you, we will perform substantially in conformance with its Documentation throughout the Termtransfer it free from all liens, claims, and encumbrances. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICESKIND, TRIAL SERVICESDIRECT OR INDIRECT, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLESUITABILITY, MERCHANTABILITY, QUIET ENJOYMENTFITNESS FOR USE, QUALITY OF INFORMATION, AND OR FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE OF THE PROPANE, TANK OR EQUIPMENT SOLD BY US. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL SUCH REPRESENTATIONS AND WARRANTIES. NO EMPLOYEE, OR AGENT OF OURS MAY MAKE ANY WARRANTY THAT: (I) THE SERVICESON OUR BEHALF. Limitations of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, TRIAL SERVICESINCLUDING BUT NOT LIMITED TO LOST PROFITS OR INCREASED COSTS OF OPERATION. WE WILL NOT BE LIABLE FOR PUNITIVE, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESINCIDENTAL, TRIAL SERVICES, SOFTWAREEXEMPLARY, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDSPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE KNEW THEY WERE POSSIBLE. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE)TORT, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESPRODUCT LIABILITY, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OTHER LEGAL OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONEQUITABLE THEORY. OUR LIABILITY FOR LANDSCAPING DAMAGE DURING INSTALLATION, DISCONNECTION, OR THAT DEFECTS DELIVERY SHALL NOT EXCEED THE REASONABLE COST OF REPLACING LANDSCAPING AND IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND NO EVENT SHALL EXCEED ONE THOUSAND DOLLARS (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW$1,000).

Appears in 1 contract

Samples: Propane Customer Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIHeadway’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway’s option, either (a) return of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN Software identified as AS AVAILABLEbeta,” “AS pre- release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Headway, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND HEADWAY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: User License Agreement

Limited Warranty; Disclaimer. JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you). JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . JCI AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONFREE, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL SHALL CREATE ANY ADDITIONAL JCI WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except to the extent prohibited by applicable lawFOR A PERIOD OF THIRTY (30) DAYS FOLLOWING DELIVERY (OR IF APPLICABLE, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCIFOLLOWING THE FIRST DATE UPON WHICH FB1 MAKES ACCESS TO THE SPECIFIC SYSTEM OR SERVICES AVAILABLE TO END USER), misuse of the ServiceFB1 WARRANTS THAT THE MARKETING RESOURCE CENTER SYSTEM AND THE SERVICES SHALL CONFORM, or your negligence or willful misconductIN ALL MATERIAL RESPECTS, TO THEIR APPLICABLE SPECIFICATIONS (AS MAY BE STATED IN THE DOCUMENTATION OR A STATEMENT OF WORK, AS APPLICABLE). EXCEPT AS PROVIDED IN THIS SECTIONFOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE FB1 MARCOM SYSTEM AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,ISAND “AS ISAVAILABLEBASISBASIS WITHOUT WARRANTY OF ANY KIND. END USER EXPRESSLY ACKNOWLEDGES THAT FB1 ABILITY TO PROVIDE THE FB1 MARCOM SYSTEM AND THE SERVICES IS DEPENDENT ON THE AVAILABILITY OF THE TELECOMMUNICATIONS AND INTERNET SERVICE PROVIDERS UTILIZED BY END USER AND THAT FB1 HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH SERVICE PROVIDERS. FB1 DOES NOT WARRANT THE SECURITY, PRIVACY, OR ACCURACY OF ANY MEDIA PROVIDED VIA THE FB1 MARCOM SYSTEM, AND END USER AGREES THAT THE USE OF ANY SUCH MEDIA OR OTHER MEDIA BY END USER IS AT END USER’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, JCI FB1 DISCLAIM ANY AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES , ANY WARRANTY OF ACCURACYMERCHANTABILITY, TITLE, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND OR FITNESS FOR A PARTICULAR PURPOSE; (B) . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FB1 MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY WARRANTY THAT: (I) THE SERVICESGOODS OR SERVICES PROVIDED, TRIAL SERVICESOR ANY OBLIGATIONS ENTERED INTO, SOFTWARE BY END USER AND/OR ANY THIRD PARTY SOFTWARE THROUGH USE OF THE MARCOM SYSTEM, THE FB1 WEB SITE OR END USER’S WEB SITE, AND FB1 SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FB1 INFORMATION PROVIDED TO END USER WILL BE ERROR FREE OR WILL BE SUITABLE FOR END USER'S NEEDS, OR WILL MEET YOUR END USER'S REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN A THIRD PARTY WILL PAY OR BE CAPABLE OF PAYING FOR THE SERVICES, TRIAL GOODS OR SERVICES DELIVERED BY END USER THROUGH AN ORDER PLACED ON JTDI’S WEB SITE OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALINGEND USER’S WEB SITE, OR USAGE THAT A SUPPLIER OF TRADE. NO ORAL END USER WILL DELIVER OR WRITTEN INFORMATION BE CAPABLE OF DELIVERING GOODS AND SERVICES ON A TIMELY BASIS THROUGH AN ORDER PLACED ON FB1’S WEB SITE OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCIEND USER’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWWEB SITE.

Appears in 1 contract

Samples: cdn2.hubspot.net

Limited Warranty; Disclaimer. JCI Rapid warrants that the Service all work performed pursuant to Paragraph 3 will perform substantially be performed in conformance with its Documentation throughout the Terma professional and workmanlike manner. Except to the extent prohibited by applicable law, JCICustomer’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the nonre-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse performance of the Service, or your negligence or willful misconductServices at no additional cost to Customer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY PROVIDED IN THIS SECTIONSECTION 7, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE RAPID MAKES NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESSOFTWARE OF ANY KIND WHATSOEVER, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICESMERCHANTABILITY, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESTITLE, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERRORNON-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCEINFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF TRADE WITH RESPECT TO ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL SERVICES, WHICH WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PROHIBITED BY PERMISSIBLE UNDER APPLICABLE LAW. CUSTOMER’S EXCLUSIVE REMEDIES AND RAPID’S SOLE LIABILITY FOR ANY NON-CONFORMITY OR DEFECT IN THE PRODUCTS OR SUCH SOFTWARE SHALL BE THOSE EXPRESSED HEREIN. RAPID PROVIDES NO WARRANTIES FOR SOFTWARE DESIGNATED AS OBSOLETE BY RAPID EITHER IN WRITTEN NOTICE TO CUSTOMER OR OTHERWISE POSTED ON RAPID’S WEBSITE.

Appears in 1 contract

Samples: www.rapidmicrobio.com

Limited Warranty; Disclaimer. JCI Horizon DataSys Inc warrants that any physical media manufactured by Horizon DataSys Inc on which the Service Software is distributed will perform substantially in conformance with its Documentation throughout be free from defects for a period of 30 days from the Termdate of delivery of the Software to you. Except to the extent prohibited by applicable law, JCI’s sole obligation and your Your sole and exclusive remedy for remedy, and Horizon DataSys Inc's sole liability, in the event of a breach of the foregoing warranty shall warranty, will be that JCI will use commercially reasonable efforts Horizon DataSys Inc will, at its option, replace any defective media returned to correct Horizon DataSys Inc within the non-conforming Service functionality without charge. JCI shall not be liable warranty period or refund the money you paid for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASISSoftware. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI (a) THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND ITS AFFILIATESLIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND THEIR RESPECTIVE DIRECTORS(b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, OFFICERSHORIZON DATASYS INC DISCLAIMS ALL WARRANTIES AND CONDITIONS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS EXPRESS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; WARRANTIES AND (C) ANY WARRANTY CONDITIONS ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED FROM HORIZON DATASYS INC OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS ELSEWHERE WILL CREATE ANY ADDITIONAL WARRANTIES WARRANTY OR CONDITION NOT EXPRESSLY STATED IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERTHIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONSHorizon DataSys Inc does not warrant that the Software will meet your requirements, that the Software will operate in the combinations, on the operating system or in the environments that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. IN SUCH AN EVENTHorizon DataSys Inc specifically disclaims any warranty or representation as to the Software’s ability to eliminate any specific malware threats or the completeness of the Database or protection modules. You are solely responsible for the data, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWsoftware, and other content carried on your Devices and for backing up your data, software, and other content.

Appears in 1 contract

Samples: Horizon Datasys Software License Agreement

Limited Warranty; Disclaimer. JCI Seller warrants to Buyer that (a) title to Products will pass free and clear of all liens and (b) the Service will perform substantially in conformance with its Documentation throughout the Term. Except Products, as delivered to the extent prohibited by applicable lawBuyer, JCI’s sole obligation and your sole and exclusive remedy for breach do not infringe any U.S. patent rights of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconductthird parties. EXCEPT AS TO THE EXTENT PROVIDED IN THIS SECTIONTHE IMMEDIATELY PRECEDING SENTENCE, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE SELLER AND ANY DATA, INFORMATION BUYER AGREE THAT SELLER OFFERS NO EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND IMPLIED WARRANTY WITH RESPECT TO THE SERVICESPRODUCTS, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND INCLUDING WITHOUT LIMITATION ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE . SELLER WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARENOT BE LIABLE TO BUYER, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDTO ANYONE CLAIMING UNDER BUYER, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS FOR ANY REMEDIES, OBLIGATIONS OR MALICIOUS CODE LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIES, OBLIGATIONS OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY COURSE THEORY OF PERFORMANCESTRICT LIABILITY, COURSE OF DEALINGWITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, OR USAGE FOR LOST PROFITS OR REVENUES DIRECTLY OR INDIRECTLY INCURRED, EVEN IF SELLER WAS ADVISED OF TRADETHE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A PRODUCT AND THIS CONTRACT WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY BE LIMITED TO THE EXTENT PROHIBITED MONIES PAID TO SELLER BY APPLICABLE LAWBUYER FOR THAT PRODUCT.

Appears in 1 contract

Samples: Road Widener LLC

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Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance The sole warranty provided by Eco-Flo with its Documentation throughout the Term. Except respect to the extent prohibited by applicable lawSystem and Materials is a limited warranty, JCI’s sole obligation only during the period when the License remains in effect and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will has not been suspended or terminated, to use commercially reasonable efforts to correct or bypass a material defect in the nonSystem or Materials, as determined solely by us based on our then-conforming Service functionality without chargecurrent published specifications for the System, at all times subject to this Agreement (“Limited Warranty”). JCI shall The Limited Warranty does not extend to you unless you have accepted this Agreement and remain bound by this Agreement. The Limited Warranty is for the benefit of the owner of the Pump and the licensee of its corresponding Mobile Application only and may not be liable for warranty nonconformance caused enforced by use any other person or combination entity. The Limited Warranty will not apply to, and we will have no liability or obligation with hardware and software respect to, problems or damage resulting from, but not provided by JCIlimited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse of or improper installation, operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by us in writing; (ii) problems relating to or residing in hardware, software or other items with which the ServiceSystem are used that we did not furnish; (iii) use in an environment, in a manner or your negligence for a purpose for which the System was not designed or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTIONnot in accordance with our published documentation; and (iv) installation, THE SERVICESmodification, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASISalteration or repair by anyone other than us or our authorized representatives. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICESSYSTEM AND DEVICES, TRIAL SERVICESALL OF THE SYSTEM AND DEVICES THAT ARE OR MAY BE PROVIDED BY ECO-FLO OR ITS AFFILIATES ARE PROVIDED “AS IS”, SOFTWAREWITH ALL FAULTS AND IN LIEU OF, THIRD PARTY SOFTWARE AND WE HEREBY DISCLAIM, ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND (INCLUDING WARRANTY AGAINST LATENT DEFECTS) OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE; (B) , TITLE, OWNERSHIP, NON-INFRINGEMENT, ERROR- FREE OPERATION, ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE OR OTHERWISE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SYSTEM, TRIAL SERVICESOR ANY PUMP, SOFTWARE MOBILE APPLICATION, MATERIALS, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER PORTION OF THE SYSTEM, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU OR (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, ANY DEFECT CAN OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDCORRECTED OR THAT THE SYSTEM WILL BE AVAILABLE OR USABLE, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICESFUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE, TRIAL SERVICESPROVINCIAL, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE FEDERAL LAW OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONBUILDING CODE, INSURANCE REQUIREMENTS, OR THAT DEFECTS IN SIMILAR REGULATIONS. EXCEPT FOR THE SERVICESLIMITED WARRANTY, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, COURSE ACCURACY, AND EFFORT OF DEALINGTHE SYSTEM, OR USAGE OF TRADEAND THE MATERIALS SHALL BE WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERSome states or other jurisdictions do not allow the exclusion of an implied or statutory warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONSWhere applicable, all implied warranties will be limited to the period during which the License remains in effect and has not been terminated or subject to Suspension. IN SUCH AN EVENTWe are not responsible for any loss of your data, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWor for any loss related to downtime associated with the use of the System, whether through power outage, failure of Internet or wireless connectivity, network disruptions, or otherwise.

Appears in 1 contract

Samples: L Icense Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIHeadway’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway’s option, either (a) return of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN Software identified as AS AVAILABLEbeta,” “AS pre-release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Headway, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND HEADWAY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: User License Agreement

Limited Warranty; Disclaimer. JCI Kudu warrants that during the Service applicable subscription term that the Services will materially perform substantially in conformance accordance with its Documentation throughout the Termany applicable documentation. Except to the extent prohibited by applicable lawFor any breach of this warranty, JCICustomer’s sole obligation and your sole and exclusive remedy for breach is a refund of a maximum of fees paid during the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconductcurrent subscription term. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTIONHEREIN, THE KUDU DOES NOT MAKE ANY WARRANTY WITH REGARD TO ITS SERVICES. ALL WARRANTIES, TRIAL SERVICESEXPRESS, SOFTWAREIMPLIED, THIRD PARTY SOFTWARE AND STATUTORY OR OTHERWISE, ARE EXPRESSLY DISCLAIMED. KUDU SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY DATAIMPLIED WARRANTY OF MERCHANTABILITY, INFORMATION FITNESS FOR A PARTICULAR PURPOSE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI . THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT SHALL BE PERFORMED ENTIRELY AT CUSTOMER’S RISK. CUSTOMER HAS REQUESTED KUDU TO PERFORM THE SERVICES AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (PROVIDE THE “JCI PARTIES”) SOFTWARE DESCRIBED HEREIN. KUDU DOES NOT WARRANT OR OTHERWISE GUARANTEE THAT THE SERVICES OR SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT WILL PRODUCE ANY SPECIFIC OR CERTAIN OUTCOME OR RESULTS FOR CUSTOMER. KUDU DOES NOT MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES SPECIFIC FUNCTION OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICESOR THEIR RELIABILITY, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWAREAVAILABILITY, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERRORABILITY TO MEET CUSTOMER’S NEEDS. KUDU PROVIDES THE SERVICES “AS-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWIS”.

Appears in 1 contract

Samples: Subscription Agreement

Limited Warranty; Disclaimer. Section 7 (limited warranty; disclaimer) is replaced with the following: JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you. JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. THIS WITHOUT PREJUDICE THAT JCI WILL BE LIABLE FOR ANY HIDDEN FAULTS OF THE PRODUCTS PROVIDED, AS WELL AS ANY DAMAGES ARISED AS A RESULT OF PROVIDING A PRODUCT THAT DO NOT CONFORM WITH JCI’S DESCRIPTION, AND/OR THAT IT IS USELESS FOR THE PURPOSES OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . JCI AND AFFILIATES AND THEIR RESPECTIVE ITS SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONFREE, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL SHALL CREATE ANY ADDITIONAL JCI WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Seller represents and warrants that (a) it has the Service right to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will perform substantially in conformance with its Documentation throughout the Term. Except conform to the extent prohibited by applicable lawpublished Goulston specifications for such product in effect at the time of and as set forth in the Agreement. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH THE PRODUCTS RELATED TO MISUSE, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without chargeDAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCIBUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, misuse of the Service(II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY DATA, INFORMATION HAZARDS ASSOCIATED WITH THEM OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI ADOPTED AND ITS AFFILIATESCOMPLIED WITH, AND THEIR RESPECTIVE DIRECTORS(IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, OFFICERSDAMAGE, AGENTSOR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, LICENSORSCONNECTED WITH, SERVICE PROVIDERSOR RESULTING FROM THE USE OF PRODUCTS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORSEITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND VENDORS (THE “JCI PARTIES”) MAKE NO (SELLER HEREBY EXCLUDES, ANY AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICESKIND, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE , ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY USAGE OF INFORMATIONTRADE, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL ABOVE LIMITATION MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWBUYER.

Appears in 1 contract

Samples: Goulston Terms and Conditions of Sale

Limited Warranty; Disclaimer. JCI Tanium warrants that (i) for a period of ninety (90) days from the Service Effective Date, the Licensed Software will perform substantially operate in conformance substantial conformity with its Documentation throughout the TermDocumentation; and (ii) it shall use commercially reasonable efforts to screen the Licensed Software prior to Delivery to Customer for viruses, Trojan horses, and other malicious code. Except The foregoing warranties are solely for the benefit of Customer and Customer shall have no authority to the extent prohibited by applicable law, JCI’s sole obligation and your extend such warranty to any third party. The sole and exclusive remedy of Customer, and the sole and exclusive liability of Tanium, for breach of the foregoing warranty warranties in this Section, shall be that JCI will use commercially reasonable efforts to correct repair or replace the non-conforming Service functionality without chargeLicensed Software, or if repair or replacement would, in Tanium’s opinion, be commercially unreasonable, then Tanium shall terminate the relevant licenses and refund to Customer the portion of prepaid license fees paid for such non-conforming Licensed Software. JCI This warranty is contingent upon the proper installation and use of the Licensed Software as described in the Documentation and this Agreement; Tanium shall not be liable responsible for warranty nonconformance caused by Customer’s use or combination with hardware and software not provided by JCI, misuse of the Service, Licensed Software if not operated in a manner recommended in the Documentation. Any modification to the Licensed Software by Customer or your negligence any third party or willful misconductfailure by Customer to implement any Enhancements to the Licensed Software may void Tanium’s obligation to provide Support Services and Tanium’s warranties under this Section. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL ALL SERVICES ARE PROVIDED ON AN “AS AS-AVAILABLE,” “AS AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI TANIUM AND ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY SUPPLIERS DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . TANIUM DOES NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, LICENSED SOFTWARE OR THIRD PARTY SOFTWARE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE LICENSED SOFTWARE OR SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECUREFREE; OR (III) THE SERVICES, TRIAL SERVICES, THAT ERRORS OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR LICENSED SOFTWARE WILL BE CORRECTED; AND (C) . TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY ARISING OUT REGARDING THE PERFORMANCE OR RESULTS OF THE LICENSED SOFTWARE OR SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY COURSE OF PERFORMANCETHIRD-PARTY PRODUCTS, COURSE OF DEALINGSCRIPTS, CONTENT OR USAGE OF TRADEOTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCIWARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS HEREUNDERUNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW TANIUM HAS NO RESPONSIBLITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE FOREGOING EXCLUSIONSLICENSED SOFTWARE. IN SUCH AN EVENTIf applicable law affords Customer implied warranties, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWguarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 (Limited Warranty; Disclaimer) and 9 (Limitation of Liability).

Appears in 1 contract

Samples: User License Agreement

Limited Warranty; Disclaimer. JCI Netsol warrants that the Service will perform substantially in conformance with its Documentation throughout Software media shall function properly for a period of sixty (60) days following the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach date of delivery of the foregoing warranty shall be that JCI will use commercially reasonable efforts Software to correct the non-conforming Service functionality without chargeCFS. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, OTHERWISE THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE PRODUCTS AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ALL ACCOMPANYING MATERIALS ARE PROVIDED ON AN “AS AVAILABLE,” “"AS IS” BASIS", AND NETSOL MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, CUSTOM AND USAGE IN THE TRADE. NETSOL'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE SHALL NOT BE LIMITED. NETSOL SHALL HAVE NO LIABILITY RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, JCI AND ITS AFFILIATESIN EQUITY, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY, FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND AMOUNTS FOR LOSS OF ACCURACYUSE, NON- INFRINGEMENTCOMPUTER MALFUNCTION, TITLELOST PROFITS, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY LOSS OF INFORMATION, BUSINESS INTERRUPTION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICESCOSTS OF COVER, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE EVEN IF NETSOL HAS BEEN ADVISED OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADESAME. NO ORAL REPRESENTATION REGARDING PERFORMANCE OF THE SOFTWARE MADE ORALLY OR WRITTEN INFORMATION BY CONDUCT SHALL CONSTITUTE A WARRANTY BY OR ADVICE GIVEN BY JCI OTHERWISE BE EFFECTIVE AGAINST OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWBINDING UPON NETSOL.

Appears in 1 contract

Samples: Software Distribution Agreement (Netsol International Inc)

Limited Warranty; Disclaimer. JCI NMA warrants that that, for a period of 30 days after Your receipt of the Service Product, the Product will perform substantially in conformance accordance with its Documentation throughout the Termapplicable specifications. Except to the extent prohibited by applicable law, JCI’s NMA 's sole obligation and your sole and exclusive Your entire remedy for breach of the foregoing above warranty shall be that JCI will use commercially reasonable efforts to correct is for NMA, at its sole option and expense, to: (a) repair or replace the non-conforming Service functionality without chargeProduct returned during the warranty period; or (b) refund all fees paid by You for the non-conforming Product returned during the warranty period. JCI shall not be liable for This limited warranty nonconformance caused by use or combination with hardware and software not provided by JCIis void if any non-conformity has resulted from any accident, misuse of the Serviceabuse, misuse, misapplication, or your negligence modification of or willful misconductto the Product or any breach of this Agreement. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTIONSECTION 9, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ALL PRODUCT IS PROVIDED "As IS" WITHOUT ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY NMA, INCLUDING, WITHOUT LIMITATION: (A) THE LIMITATION ALL IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENTMERCHANTABILITY, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATIONNON• INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . NMA DOES NOT WARRANT THAT THE SERVICESP RODUCT WILL BE ACCURATE, TRIAL SERVICESCURRENT OR COMPLETE, SOFTWARE OR THIRD PARTY SOFTWARE THAT THE P RODUCT WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, NEEDS OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONEXPECTATIONS, OR THAT DEFECTS IN T H E OPERATION OF THE SERVICESPRODUCT W I L L BE ERROR FREE OR UNINTERRUPTED. NMA PROVIDES ALL CONTENT AS A SERVICE TO YOU. SPATIAL, TRIAL SERVICES OR SOFTWARE WILL SPECTRAL, AND TEMPORAL ACCURACY CANNOT BE CORRECTED; GUARANTEED. NMA RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY CERTAIN IMAGE CHARACTERISTICS OF THE C ONTENT INCLUDING, BUT NOT LIMITED TO, WATERMARKING AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWDIMENSIONS.

Appears in 1 contract

Samples: Data Use Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the TermDocumentation. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE SERVICE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, DISTRIBUTORS AND VENDORS (THE “JCI PARTIES”) MAKE NO (DISCLAIM ALL OTHER WARRANTIES AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND CONDITIONS WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESSERVICE, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY . WITHOUT LIMITING THE FOREGOING, THE JCI PARTIES DO NOT WARRANT THAT: (IA) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS; (IIB) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (IIIC) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONDOCUMENATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE SERVICE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL SHALL CREATE ANY ADDITIONAL JCI WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS SET FORTH IN SUCH AN EVENT, SUCH EXCLUSION WILL THIS SECTION 11 MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWYOU.

Appears in 1 contract

Samples: Terms of Service

Limited Warranty; Disclaimer. JCI Seller warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except Products shall conform to the extent prohibited by applicable lawdimensions and specifications of Seller’s standard parts as shown in Seller’s catalog for standard parts, JCIor to Buyer’s sole obligation print dimensions, tolerances and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not material specifications if provided by JCI, misuse of the Service, or your negligence or willful misconductBuyer in writing and accepted by Seller in writing. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESFOREGOING WARRANTY IS EXCLUSIVE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE SELLER MAKES NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICESKIND, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESIMPLIED, WHETHER EXPRESS, IMPLIED, STATUTORY ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE , ANY IMPLIED WARRANTIES WARRANTY OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY , WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING WARRANTY THAT: (I) THE SERVICESSHALL BE VALID, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED UNLESS MADE IN WRITING AND DULY SIGNED BY SELLER. IN THE DOCUMENTATION, OR THAT DEFECTS EVENT THE PRODUCTS ARE NOT IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW COMPLIANCE WITH THE FOREGOING EXCLUSIONSWARRANTY, BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A CREDIT FOR THE PRICE OF THE PRODUCTS OR, AT SELLER’S OPTION, REPLACEMENT OF THE PRODUCTS. IN SUCH AN EVENTNotwithstanding the foregoing, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWthe foregoing warranty shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the Products in any manner, has failed to use the Products in accordance with industry standards and practices, or has failed to use the Products in accordance with instructions, if any, furnished by Seller.

Appears in 1 contract

Samples: www.kmc-mfg.com

Limited Warranty; Disclaimer. JCI Tanium warrants that (i) for a period of thirty (30) days from the Service Effective Date, the Licensed Software will perform substantially operate in conformance substantial conformity with its Documentation throughout the TermDocumentation; and (ii) it shall use commercially reasonable efforts to screen the Licensed Software prior to delivery for viruses, Trojan horses, and other malicious code. Except Tanium shall not be liable for failures caused by third party hardware and software (including Customer’s own systems), misuse of the Licensed Software, or Customer’s negligence or willful misconduct. The foregoing warranties are solely for the benefit of Customer and Customer shall have no authority to the extent prohibited by applicable law, JCI’s sole obligation and your extend such warranty to any third party. The sole and exclusive remedy of Customer and the sole and exclusive liability of Tanium for breach of the foregoing warranty in Sections 7(i) and 7(ii), shall be that JCI will use commercially reasonable efforts to correct repair or replace the non-conforming Service functionality without chargeLicensed Software, or if repair or replacement would in Tanium’s opinion be commercially unreasonable, then Tanium shall terminate the relevant licenses and refund to Customer the portion of prepaid license fees paid for such non-conforming Licensed Software. JCI Tanium shall not be liable responsible for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconductLicensed Software if not operated in a manner recommended in the Documentation. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL ALL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI TANIUM AND ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY SUPPLIERS DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . TANIUM DOES NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY LICENSED SOFTWARE WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONFREE, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR LICENSED SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCITANIUM’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENTIf applicable law affords Customer implied warranties, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWguarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 and 9.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the Purchase Order, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCI’s Headway's sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway's option, either (a) return of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the ServiceSoftware. This limited warranty does not apply to Demo Licenses or Software identified as "beta," "pre-release," "test," "AS-IS," or the like, or to any support or other services performed by Headway, all of which are supplied on an "AS-IS" basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence negligence, abuse, accident, or willful misconductimproper or unauthorized use of the Software. EXCEPT AS PROVIDED THE FOREGOING LIMITED WARRANTY IS IN THIS SECTIONLIEU OF AND HEADWAY DISCLAIMS, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY'S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, COURSE AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 6 LIMITATION OF DEALINGLIABILITY. IN NO EVENT SHALL HEADWAY BE LIABLE TO YOU FOR LOSS OF PROSPECTIVE PROFITS OR INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF HEADWAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, OR USAGE IN NO EVENT SHALL THE LIABILITY OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN HEADWAY TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THAT PAID BY JCI OR ANY YOU TO HEADWAY IN CONNECTION WITH YOUR USE OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERSOFTWARE WITHIN THE PREVIOUS TWELVE-MONTH PERIOD. SOME JURISDICTIONS STATES DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWYOU.

Appears in 1 contract

Samples: End User License Agreement

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