Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. A. The sole warranty provided by Xxxxx with respect to the Software during the entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by anyone other than Janus or its authorized representatives, and break-ins at the Facility and/or Your Unit unrelated to products and/or services provided by Janus.

Appears in 3 contracts

Samples: User License Agreement, User License Agreement, User License Agreement

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Limited Warranty; Disclaimer. A. The sole warranty provided by Xxxxx with respect to the Software during the entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by anyone other than Janus or its authorized representatives, and break-ins at the Facility and/or Your Unit Site unrelated to products and/or services provided by Janus.

Appears in 2 contracts

Samples: User License Agreement, User License Agreement

Limited Warranty; Disclaimer. A. The To the extent permitted by law, the sole warranty provided by Xxxxx with respect to the Software during the entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by anyone other than Janus or its authorized representatives, and break-ins at the Facility and/or Your Unit Site unrelated to products and/or services provided by Janus.

Appears in 1 contract

Samples: User License Agreement

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Limited Warranty; Disclaimer. A. The Except for warranties implied by law, the sole warranty provided by Xxxxx with respect to the Software during the entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by anyone other than Janus or its authorized representatives, and break-ins at the Facility and/or Your Unit unrelated to products and/or services provided by Janus.

Appears in 1 contract

Samples: User License Agreement

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