Limited Warranty Warranty Disclaimer. Atlassian warrants to Customer that for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the Products will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Product, or if Atlassian determines such remedies to be impracticable within a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOING, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE...
Limited Warranty Warranty Disclaimer. 13.1 For a period of sixty (60) days from and after the Hosted Solution Deployment Date, Service Provider warrants to Customer that the Software included in the Hosted Solution, when properly used, will operate substantially in accordance with the Documentation. Customer’s sole and exclusive remedy for a non-conformity of the Software to this express limited warranty shall be as follows: provided that, within the 60-day period, Customer notifies Service Provider in writing of the non-conformity, Service Provider will either: (a) correct the non-conformity, which may include the delivery of a commercially reasonable workaround for the non-conformity; or (b) if Service Provider determines that correction of the non-conformity is not commercially practicable, then terminate this Agreement, in which event Service Provider will refund to Customer all Initial Setup Fees, Subscription Fees, Hosting Fees, Consumption Fees, Technical Services fees and other fees and charges actually paid by Customer to Service Provider under this Agreement prior to the time of such termination. The terms of this limited warranty shall not apply to, and Service Provider shall have no liability for any non-conformity related to, the Hosted Solution if (1) any component of the Hosted Solution has been modified, misused or abused by Customer or a third party or (2) any such non-conformity arises from or is related to problems within or impacting Customer’s computing environment, including any Customer third party software applications, hardware, network or internet connectivity. Service Provider does not warrant that the Hosted Solution will meet Customer’s requirements or that the operation of the Hosted Solution will be uninterrupted or error free.
Limited Warranty Warranty Disclaimer. MobileIron represents and warrants to Customer that all services provided hereunder shall be performed in a manner generally conforming to generally accepted industry standards and practices for similar services. MobileIron’s entire liability and Customer’s sole and exclusive remedy for any breach of the preceding warranty will be for MobileIron to re-perform the nonconforming services, provided that MobileIron must have received written notice of the nonconformity from Customer no later than thirty (30) days after the original performance of the services by MobileIron. Except as expressly provided in this paragraph, the services provided hereunder are provided “AS IS”. WITHOUT LIMITING THE FOREGOING, MOBILEIRON DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The foregoing disclaimer does not modify any warranties provided in the End User Agreement or in MobileIron’s standard warranty documentation.
Limited Warranty Warranty Disclaimer. (a) Elastic warrants that (i) during the Term of this Agreement it will perform applicable Support Services in a professional, workmanlike manner, consistent with generally accepted industry practice, and in substantial accordance with the Support Services Policy and (ii) the applicable Cloud Service will perform or in all material respects in accordance with the applicable Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy, shall be for Elastic to re-perform the applicable Support Services or correct any non-conformity in the Cloud Service, as applicable.
Limited Warranty Warranty Disclaimer. 8.1 TI warrants, only to the Spansion Entity who purchased the applicable Wafers and/or Die, that Wafers and/or Die delivered hereunder shall meet the applicable specifications which are currently in effect or agreed upon in writing by Spansion and TI, for a period of twelve (12) months from the date of shipment from TI. If, during such twelve (12) month period, Wafers and/or Die fail to meet such warranty TI shall, as the sole and exclusive remedy for such failure, either replace such defective Wafers and/or Die or credit their purchase price to Spansion Nihon, at Spansion’s option. However, upon termination or expiration of this Agreement, any claims by the applicable Spansion Entity for a warranty remedy shall be limited to refund and not for a replacement of Wafer and/or Die. Notwithstanding the foregoing, TI shall not be liable for any defects that are caused by neglect, misuse or mistreatment by an entity other than TI, including improper installation or testing, or for any defects in products that have been caused by alteration or modification by an entity other than TI or a party under TI’s control or supervision. . Moreover, TI shall not be liable for any defects that result from Spansion or Spansion Nihon’s design, specifications or instructions for such products. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Parties agree that any warranty obligations in this Agreement shall only be enforceable against the entity who sells the Wafer/Die giving rise to the warranty claim. For instance, TI will not be liable for warranty claims made on Wafers sold by Spansion Japan.
Limited Warranty Warranty Disclaimer. Alcatel-Lucent warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90- day period, the media may be returned to Alcatel-Lucent (or if you received such Programs from a reseller, to such reseller) and Alcatel-Lucent or the reseller, as applicable, will replace the media without charge to you. Alcatel- Lucent shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ALCATEL-LUCENT AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNC- TIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PROGRAMS ARE PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limited Warranty Warranty Disclaimer. (a) For a period of sixty (60) days after the date the Hosted Solution is first made available for use by Customer, Xxxxxx warrants to Customer that the Software included in such Hosted Solution, when properly used, will operate substantially in accordance with the Documentation. Customer’s sole and exclusive remedy for a non-conformity of the Software to this express limited warranty shall be as follows: Provided that, within the 60-day period, Customer notifies Xxxxxx in writing of the non-conformity, Xxxxxx will either (a) repair or replace the non-conforming Software, which may include the delivery of a commercially reasonable workaround for the non-conformity; or (b) if Xxxxxx determines that repair or replacement of the non- conforming Software is not commercially practicable, then terminate this Agreement with respect to the non-conforming Software, in which event the Hosting Fees will be adjusted appropriately as a result of the removal of such non-conforming Software. The terms of this limited warranty shall not apply to, and Xxxxxx shall have no liability for any non-conformity related to, any Software that has been (1) modified by Customer or a third party or (2) misused or abused. Xxxxxx does not warrant that the functions contained in the Software will meet Customer’s requirements or that the operation of the Software will be uninterrupted or error free.
Limited Warranty Warranty Disclaimer. 8.1. FASL JAPAN warrants that the Die delivered hereunder shall meet the applicable specifications which are agreed upon by FASL and shall be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment from FASL JAPAN. If, during such twelve (12) month period, FASL notifies FASL JAPAN of any defect in Die, FASL JAPAN will reasonably assist FASL in connection with FASL’s compliance with and fulfillment of its warranty policies.
Limited Warranty Warranty Disclaimer. 8.1. Spansion Japan warrants that Wafers and/or Die delivered hereunder shall meet the applicable specifications which are agreed upon by Spansion and shall be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment from Spansion Japan. If, during such twelve (12) month period, Spansion notifies Spansion Japan of any defect in Wafers and/or Die subject to the foregoing warranty, Spansion Japan shall either replace such defective Wafers and/or Die or credit their purchase price to Spansion, at Spansion’s option. In addition, if, during the eighteen (18) month period following Spansion’s receipt of Wafers and/or Die hereunder, Spansion notifies Spansion Japan of any defect in Wafers and/or Die, Spansion Japan will reasonably assist Spansion in connection with Spansion’s compliance with and fulfillment of its warranty policies. Spansion Japan further warrants that its performance of services and use of Spansion Japan technology, methods and processes in connection with its performance of its obligations hereunder do not violate any third party Intellectual Property Rights. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Limited Warranty Warranty Disclaimer
