Common use of Limited Warranty Clause in Contracts

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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Limited Warranty. You may obtain without payment a license Subject to evaluate the limitations of Section 7, Seller warrants that the Software will execute the programming instructions provided by Seller and that the Goods manufactured by Seller will be free from defects in material and workmanship under normal use and regular service and maintenance for a period of thirty daysone year from the date of shipment of the Goods by Seller, unless otherwise specified by Seller in writing. By paying a license fee you agree Seller does not warrant that you have evaluated the operation of the Software shall be uninterrupted or error free. Consumables, including, without limitation, glass parts and electrodes, membranes, liquid junctions, electrolytes and reagents, o-rings, plastic tubes, elastomers, etc. are warranted to your satisfaction be free from defects in material and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then workmanship under normal use and service for a period of ninety (90) days from the date of receipt of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the Software, Saxonica warrants warranty extended by the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshiporiginal manufacturer. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THESE ARE THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" SOLE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, GOODS AND ITS SUPPLIERS ARE IN LIEU OF AND RESELLERS, DISCLAIM EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICASELLER IN SPECIFICATIONS, TITLEDRAWINGS OR OTHERWISE, AND NON-INFRINGEMENTWHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, WITH REGARD TO THE SOFTWAREaccident, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESabuse, neglect, normal wear and tear, negligence (other than Seller’s), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSTo the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. YOU MAY HAVE OTHERSIf within thirty (30) days after Xxxxx’s discovery of any warranty defects within the warranty period, WHICH VARY FROM STATEBuyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s exclusive remedy, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the Goods found by Seller to be defective. Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All costs of dismantling, reinstallation and freight and the time and expense of Seller’s personnel and representatives for site travel and diagnosis under these warranties shall be borne by Buyer unless accepted in writing by Seller. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTcomponents.

Appears in 3 contracts

Samples: media.distributordatasolutions.com, www.turtle.com, www.ideadigitalcontent.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WARRANTY ON AN "AS TO ITS USE OR PERFORMANCE. AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY PERMITED UNDER APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM BLACKBOARD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES AND CONDITIONSRELATING TO THE SERVICE, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND DATA ACCURACY, SATISFACTORY QUALITY, NON-INFRINGEMENT, WITH REGARD AND/OR QUIET ENJOYMENT. NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS CUSTOMER MAY HAVE, OR THAT THE SERVICE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION. BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO THE SOFTWARE, AND THE PROVISION OR OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ACCURACY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSCONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE. In the event of the Service’s failure to comply with this Agreement, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTthe Customer’s sole remedy shall be to terminate the Agreement. The Customer acknowledges and agrees that the Service is not intended, nor designed, for use in high risk activities, or in any situation where failure of the Service could lead to death, personal injury, or damage to property, or where other damage could result if an error occurred and the parties further agree that, to the extent not prohibited by applicable law, Blackboard shall not be liable for any death, personal injury or damage to property. The Customer also acknowledges and agrees that the primary recourse of the Customer in the event of any actual or potential threat to person or property should be to contact First Responder Services and that the Service is not intended to replace First Responder Services, or to be used for communicating with, or replace notification to, or interoperate directly with, First Responder Services, which should have already been notified and deployed prior to using the Service.

Appears in 3 contracts

Samples: reedleyweb.s3.us-west-1.amazonaws.com, web.ccsd.k12.wy.us, perrishsd.ic-board.com:443

Limited Warranty. You may obtain without payment a license to evaluate In accordance with the Software for a period terms and conditions of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction this 2-5-10 Limited Warranty, and you agree that no refund of the license fee is available except as specifically provided by excluded or disclaimed in this Agreement. If You have paid a license fee for the Softwaredocument, then for a period of ninety (90) days FLIR warrants, from the date of receipt of the SoftwarePurchase Date, Saxonica warrants the Software against any defects resulting from the electronic transmission process, that all Qualifying Products will conform to FLIR’s published Product specifications and any Software media supplied by Saxonica will be free from defects in materials and workmanshipworkmanship during the applicable Warranty Period. Saxonica'sPURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY, and its suppliers' and resellers'AT FLIR’S SOLE DISCRETION, entire liability and Your exclusive remedy shall beIS THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS IN A MANNER, at Saxonica's optionAND BY A SERVICE CENTER, either (i) return of the price paidAUTHORIZED BY FLIR. IF THIS REMEDY IS ADJUDICATED TO BE INSUFFICIENT, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyFLIR SHALL REFUND PURCHASER’S PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO BUYER WHATSOEVER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication5. Any replacement Software will be warranted for an additional ninety (90) daysWARRANTY EXCLUSIONS AND DISCLAIMERS. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA FLIR MAKES NO OTHER WARRANTY AS TO ITS USE OR PERFORMANCE. OF ANY KIND WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM PRODUCTS. ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE PURCHASER HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEFLIR OF ITS INTENDED USE FOR THE PRODUCTS), AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. THIS WARRANTY EXPRESSLY EXCLUDES ROUTINE PRODUCT MAINTENANCE AND SOFTWARE UPDATES. FLIR FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE ALLEGED NONCONFORMITY IS DUE TO NORMAL WEAR AND TEAR OTHER THAN BATTERIES AND SENSORS, WITH REGARD TO THE SOFTWAREALTERATION, AND THE PROVISION OF OR MODIFICATION, REPAIR, ATTEMPTED REPAIR, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO PROVIDE SUPPORT SERVICESFOLLOW ANY PRODUCT INSTRUCTIONS, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), OR ANY OTHER IMPROPER CARE OR HANDING OF THE PRODUCTS CAUSED BY ANYONE OTHER THAN FLIR OR FLIR’S EXPRESSLY AUTHORIZED DESIGNEE. THIS LIMITED DOCUMENT CONTAINS THE ENTIRE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSAGREEMENT BETWEEN PURCHASER AND FLIR AND SUPERSEDES ALL PRIOR WARRANTY NEGOTIATIONS, AGREEMENTS, PROMISES AND UNDERSTANDINGS BETWEEN PURCHASER AND FLIR. YOU THIS WARRANTY MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING NOT BE ALTERED WITHOUT THE CONFORMANCE EXPRESS WRITTEN CONSENT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTFLIR.

Appears in 3 contracts

Samples: www.firstoutrescue.com, www.nafeco.com, montcalmtownship.com

Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You may obtain agree that the Font Software is supplied without payment a license to evaluate any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for a period defective Font Software is, upon return of thirty days. By paying a license fee you agree that you have evaluated the defective Font Software to your satisfaction and you agree that no refund the provider of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for Product, either and at the Software, then for a period of ninety (90) days from the date of receipt sole option of the Software, Saxonica warrants provider of the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Product (i) return the replacement of the price paid, defective Font Software or (ii) repair the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or replacement limitations of incidental, consequential or special damages, so the Software that does above exclusion may not meet Saxonica's Limited Warrantyapply to you. This Limited Warranty is void if failure Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the Software has resulted from accidentabove limitations may not apply to you. To the greatest extent permitted by law, abuse, or misapplication. Any replacement Software will be warranted for an additional any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Neither these remedies nor any Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product support services offered by Saxonica are available without proof results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of purchase the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from an authorized sourcejurisdiction to jurisdiction. EXCEPT FOR THE FOREGOINGOther than as expressly set forth herein, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NONthe Font Software is non-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTreturnable and nonrefundable.

Appears in 3 contracts

Samples: End User License Agreement, Purchase Contract, End User License Agreement

Limited Warranty. You may obtain without payment a license SUPPLIER WARRANTS FROM THE DATE OF DELIVERY FOR A PERIOD OF ONE YEAR, THAT ALL PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS WITHIN THE LIMITS OF THE APPLICABLE SPECIFICATIONS. THIS IS THE EXCLUSIVE WARRANTY MADE WITH RESPECT TO THE PRODUCTS AND ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ANY CLAIM FOR A BREACH OF EXPRESS WARRANTY MUST BE MADE IN WRITING WITHIN ONE YEAR OF THE DATE OF SHIPMENT OF THE PRODUCT. DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT BY SUPPLIER. SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR ANY LABOR EXPENDED IN REPLACING THE PRODUCT. If Buyer believes any Product is non-conforming or was shipped to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund Buyer in error, then Buyer shall give Supplier prompt written notice of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) alleged defect or error within 10 days from the date of receipt of the SoftwareProduct. Supplier’s sole obligation under the foregoing warranties shall be limited to replacing the non-conforming Product. At Supplier’s election, Saxonica warrants Buyer shall return the Software against Product to Supplier (at Supplier’s expense), make the Product available for inspection by Supplier or its agents at Buyer’s place of business, or destroy the Product (before or after the date of any defects resulting from the electronic transmission process, and inspection at Supplier’s expense). Buyer’s exclusive remedy for breach of any Software media supplied by Saxonica of such warranties will be free enforcement of such obligation of Supplier. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from defects in materials and workmanship. Saxonica'sSupplier, and including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return authorized representative or modifications to or adaptations of the price paid, Product made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product that is not made within ten (ii10) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software days after such Product has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered been received by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBuyer.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limited Warranty. You may obtain without payment a license For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to evaluate the Software repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Xxxxxx’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund purpose for which it was not intended, vandalism, misuse of the license fee is available except as specifically provided by this AgreementEquipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt The repair of the Software, Saxonica warrants the Software against any defects Equipment by Lessor due to a defect or condition resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an preceding causes shall result in additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcecharges to Lessee. EXCEPT FOR THE FOREGOINGAS SPECIFICALLY PROVIDED HEREIN, THE SOFTWARE IS DELIVERED TO YOU "AS IS" LESSOR DISCLAIMS ANY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWALL WARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TITLETHERE ARE NO CONDITIONS, AND NON-INFRINGEMENTCOVENANTS, WITH REGARD AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SOFTWARE, SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH XXXXXX AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTXXXXXX.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Limited Warranty. You may obtain without payment a license to evaluate Spirit Education warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety sixty (90) days from purchase. Your sole remedy in the date event of receipt a breach of this warranty will be that Spirit Education will, at its option, replace any defective media returned to Spirit Education within the warranty period or refund the money you paid for the Software, Saxonica warrants . Spirit Education does not warrant that the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, meet your requirements or (ii) repair or replacement that operation of the Software will be uninterrupted or that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) dayserror-free. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE ABOVE WARRANTY IS DELIVERED TO YOU "AS IS" EXCLUSIVE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESNONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSOTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICADisclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPIRIT EDUCATION BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PRODUCT USE OR INABILITY TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT USE THE SOFTWARE EVEN IF SPIRIT EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT CONSTITUTE PART ALLOW THE LIMITATION OR EXCLUSION OF ANY CONTRACTLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL SPIRIT EDUCATION LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct any material non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 844.584.2329. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you acknowledge and agree that you have evaluated the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by JuiceNet Dashboard being used in accordance with this Agreement. If You have paid a license fee for , the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processapplicable product and service descriptions, and any Software media supplied other instructions provided by Saxonica will be free from defects in materials Enel X; and workmanship(b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. Saxonica'sOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, and its suppliers' and resellers'JUICEBOX, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE JUICENET SOFTWARE IS DELIVERED TO YOU "AND JUICENET DASHBOARD ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAVAILABLE, SAXONICA, AND ENEL X AND ITS SUPPLIERS AND RESELLERSLICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWRITTEN OR ORAL, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGWITH RESPECT TO JUICEBOX, BUT NOT LIMITED TOJUICENET SOFTWARE OR JUICENET DASHBOARD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEOR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, AND NON-INFRINGEMENTOR ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH REGARD IN EACH CASE, TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED FULLEST EXTENT PERMITTED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAPPLICABLE LAW.

Appears in 2 contracts

Samples: Residential Smart Charging Participation Agreement, Residential Smart Charging Participation Agreement

Limited Warranty. You may obtain without payment a license Quadralay warrants to evaluate you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a period of thirty days. By paying a license fee warranty claim, you agree must return the Software to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have evaluated destroyed all copies of the Software and Documentation, along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to your satisfaction and you agree that no either, at Quadralay's option, the replacement of the Software or the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliersQUADRALAY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QUADRALAY'S OR SUPPLIERS' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceBREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, QUADRALAY AND ITS SUPPLIERS AND RESELLERSMAKE NO WARRANTIES, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO PURPOSE. QUADRALAY PROVIDES THE SOFTWARE, DOCUMENTATION AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, IF ANY, AS IS AND WITH ALL FAULTS. THIS Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS(THIRTY (30)] DAYS); AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART THERE IS NO WARRANTY OR CONDITION OF ANY CONTRACTKIND. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.

Appears in 2 contracts

Samples: License Agreement, Electronic End User License Agreement

Limited Warranty. You may obtain without payment Cummins shall perform the Services in a license to evaluate reasonable and workmanlike manner. Parts and components purchased or supplied under this Agreement are governed by the Software express written manufacturers’ warranty. No other warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee parts or components supplied during Services provided under this Agreement is available except as specifically provided by under this Agreement. If You have paid a license fee for the Software, then All Services shall be free from defects in workmanship for a period of ninety (90) days from after completion of Services. In the date event of receipt a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), Cummins’ obligation shall be solely limited to correcting the Software, Saxonica warrants Warrantable Defect. Cummins shall correct the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Warrantable Defect where (i) return of such Warrantable Defect becomes apparent to Customer during the price paid, or warranty period; (ii) repair or replacement Cummins receives written notice of the Software Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that does not meet Saxonica's Limited Warrantythere is a Warrantable Defect. This Limited Warranty is void if failure Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the Software has resulted from accident, abuse, or misapplicationoriginal warranty of the Services. Any replacement Software will be New parts supplied during the remedy of Warrantable Defects are warranted for an additional ninety (90) daysthe balance of the warranty period still available from the original warranty of such parts. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, REMEDIES PROVIDED IN THIS LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOFTWARE IS DELIVERED TO YOU "AS IS" SOLE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEEXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS AND CUMMINS INC. TO THE MAXIMUM CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, CUMMINS AND ITS SUPPLIERS AND RESELLERS, CUMMINS INC. EXPRESSLY DISCLAIM ALL OTHER WARRANTIES REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONSCONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITYTITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA8. INDEMNIFICATION. Customer shall indemnify, TITLEdefend and hold harmless Cummins and Cummins Inc. from and against any and all claims, AND NON-INFRINGEMENTactions, WITH REGARD TO THE SOFTWAREcosts, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESexpenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins and/or Cummins Inc. related to or arising out of this Agreement or the Services, or parts supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSCustomer shall present any Claims covered by this indemnity, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTincluding any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

Appears in 2 contracts

Samples: Planned Maintenance Agreement Terms And, Planned Maintenance Agreement Terms and Conditions

Limited Warranty. You may obtain without payment Monotype Imaging warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a license to evaluate warranty claim, you must, within the Software for a period of thirty days. By paying a license fee you agree that you have evaluated ninety (90) day warranty period, return the Font Software to the location from which you obtained it along with a copy of your satisfaction receipt or, if such Font Software is acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software so as to enable Monotype Imaging to verify the existence and you agree that no date of the transaction. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt to Monotype Imaging to obtain delivery of the Font Software. MONOTYPE IMAGING DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE IMAGING'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Saxonica warrants MONOTYPE IMAGING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE IMAGING BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the Software against exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any defects resulting from implied warranties not effectively excluded by the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional Agreement are limited to ninety (90) days. Neither these remedies nor any Some jurisdictions do not permit a limitation of implied warranties where the product support services offered by Saxonica are available without proof results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype Imaging’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of purchase such liability. This warranty gives you specific legal rights. You may have other rights that vary from an authorized sourcestate to state or jurisdiction to jurisdiction. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NONThe Font Software is non-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTreturnable and nonrefundable.

Appears in 2 contracts

Samples: Software End User License Agreement, Font Software End User License Agreement

Limited Warranty. You may obtain without payment Seller makes no warranty whatsoever, except as to title, with respect to Products manufactured and/or designed to Buyer's or any other party’s specifications or with respect to any material selection by any party other than Seller, and Buyer shall, at its own expense, defend and save Seller harmless from and against any claim, suit, expense or otherwise which shall be asserted or brought against Seller by reason of Seller's manufacture or sale of such Products. All Products are sold with the understanding that Buyer has independently determined the suitability or compatibility of such Products for its purposes. Any statements, technical information or recommendations concerning Products sold by Seller are based upon data provided to Seller by its suppliers and believed to be accurate, but do not constitute a license guarantee or warranty. [Seller will, in its sole discretion, either repair or replace any Products which is defective because of Seller's defective materials or workmanship]; provided, however, if Seller determines that repair or replacement is not commercially practicable, Seller shall [issue a credit] in favor of Buyer in an amount not to evaluate exceed the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund purchase price of the license fee is available except as specifically provided by Products. All claims for breach of this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90warranty must be made to Seller within [ ( ) days from after the date of receipt shipment] of the SoftwareProducts to which the claim relates and must be returned at Buyer's expense to Seller's plant in accordance with Seller's written material return authorization and instructions. Seller's warranty shall extend only to the original Buyer from Seller. Seller's warranty does not cover the effects of normal wear, Saxonica warrants the Software against any defects resulting from the electronic transmission processtear, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return deterioration or abuse of the price paidProducts or the effects of improper shipping, storage, use or (ii) repair or replacement handling of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceProducts. EXCEPT FOR THE FOREGOINGEXPRESS WARRANTY DESCRIBED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES THERE ARE NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOR GUARANTEES, EITHER EXPRESS OR IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OF TRADE INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED PURPOSE. NO WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY YOU ANY REPRESENTATIVE OF SELLER SHALL BE EFFECTIVE TO SAXONICA, TITLE, AND NONVARY OR EXPAND THE ABOVE-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF REFERENCED EXPRESS WARRANTY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTERMS HEREOF.

Appears in 2 contracts

Samples: www.sareplastics.com, www.sareplastics.com

Limited Warranty. You may obtain without payment a license to evaluate Good warrants that during the Warranty Period the Software for a period of thirty dayswill conform to the specifications set forth in Good’s relevant documentation. By paying a license fee you agree that you have evaluated The “Warranty Period” begins on the date Good makes the Software to your satisfaction available for electronic download by Customer and you agree that no refund of the license fee is available except as specifically provided by this Agreementends ninety days later. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, Customer's sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall under this limited warranty will be, at SaxonicaGood's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not meet Saxonica's Limited Warranty. This Limited Warranty apply if the Software: (a) is void if failure licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Good; (c) has not been installed, operated, repaired, or maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software has resulted from accidentitself. DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, abuseGOOD MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR ANY THIRD PARTY HARDWARE, or misapplicationSOFTWARE AND SERVICES. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceGOOD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOINGAS EXPRESSLY GRANTED IN THIS AGREEMENT, THE SOFTWARE IS DELIVERED TO YOU "AND ALL RELATED SERVICES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAGOOD EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND ITS SUPPLIERS AND RESELLERSWITHOUT LIMITATION, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT, WITH REGARD NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE SOFTWAREEXTENT AN IMPLIED TERM, AND CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPERIOD.

Appears in 2 contracts

Samples: License and Services Agreement, License and Services Agreement

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Products sold hereunder shall be new and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of receipt shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processsuch Product. Licensor's sole liability to Dell, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'sDell's sole remedy, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that Product which does not meet Saxonica's comply with this Limited Warranty, or (ii) return of the amount paid by Dell for the Product which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is in compliance with this Limited Warranty is void if failure Warranty, Dell shall pay the cost of all charges associated with the Software has resulted from accident, abuse, or misapplicationinspection and shipment of such Product by Licensor. Any replacement Software will be warranted for an additional ninety (90) daysLICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, IMPLIED WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF THAT PURPOSE LICENSOR HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, OF THE POSSIBILITY OF SUCH DAMAGES AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NOTWITHSTANDING ANY FAILURE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWARRANTY.

Appears in 2 contracts

Samples: Software Licensing Agreement (Commvault Systems Inc), Software Licensing Agreement (Commvault Systems Inc)

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareHMH warrants, then for a period of ninety (90) days from the date of receipt commencement of this License Agreement (referred to as the Software"Warranty Period"), Saxonica warrants that the CD- ROM and DVD-ROM discs in which the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is contained are free from defects in materials material and workmanship. Saxonica'sIf during the Warranty Period, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of a defect in the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void appears, Licensee may return the Program to HMH for either a replacement or, if failure so elected by HMH, refund of the Software has resulted from accident, abuse, or misapplicationamounts paid by Licensee under this License Agreement. Any replacement Software will be warranted under warranty for an additional ninety the remainder of the original Warranty Period or 30 days, whichever is longer. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind. In no event shall the warranty herein apply: (90i) daysto Software that has been modified from its standard form as provided by HMH or that is not up to date with all updates, enhancements and new releases/new versions released by HMH, or (ii) to difficulties or defects that are not reproducible or that are due to Licensee’s computer hardware, third party software, environment, operating system or misuse or other causes external to the Software. Neither these remedies nor Licensee agrees that the foregoing constitutes the sole and exclusive remedy for breach by HMH or any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewarranties made under this License Agreement. EXCEPT FOR THE FOREGOINGAS SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, HMH AND ITS SUPPLIERS AFFILIATES AND RESELLERS, LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 2 contracts

Samples: education.scholastic.com, www.hmhco.com

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software Purchaser being in compliance with this Agreement, and provided the Purchaser has only used the goods in accordance with the published specifications and has not otherwise used the goods in violation of Section 17, the Seller warrants (the “Warranty”) that, for a period of thirty days. By paying a license fee you agree that you have evaluated forty-five (45) days after the Software to your satisfaction and you agree that no refund first delivery of the license fee goods to the Buyer (the “Warranty Period”), the sold goods shall substantially conform to Seller’s published specifications during that Warrant Period. In the event the Buyer discovers an alleged defect in the goods which Xxxxx believes will give rise to a claim under the Warranty, the Buyer must report any such alleged defect in writing to Seller within the above described forty-five (45) day Warranty period of Buyer’s discovery of the same (the “Warranty Claims”) otherwise the Warranty covering that alleged defect shall expire. The Warranty Claim must provide a commercially reasonable summary of the alleged defects in the goods. The Buyer must first obtain the written instructions of the Seller before the Purchaser has the right to return any allegedly defective goods to the Seller. Upon Xxxxxx’s receipt of a Warranty Claim, the Seller has the right to inspect the alleged Warranty Claim to verify the alleged defects in the goods and the Purchaser will reasonably cooperate with the Seller for this purpose. In addition, upon Seller’s receipt of a Warranty Claim, and at the Seller’s sole option, the Seller has the right to either repair (using commercially reasonable efforts) or replace the nonconforming goods (the “Remedy”). The Remedy is available except as specifically provided by this AgreementSeller’s sole obligation, and Xxxxx’s exclusive recourse, for all Warranty Claims, including without limitation all claims of defects with respect to any goods. If You the Remedy is adjudicated insufficient however, Seller has the option, at its election, to refund the purchase price paid by Purchaser and Seller shall have paid no further liability to Buyer relating to the subject goods. Buyer shall pay costs of returning goods under a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processWarranty Claim, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy Seller shall be, at Saxonica's option, either (i) return pay the costs of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty sending goods to Buyer after Remedy is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceperformed. EXCEPT FOR THE FOREGOINGEXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9,, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAALL GOODS AND SERVICES PROVIDED BY SELLER ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. EXCEPT FOR THE EXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9, SELLER HEREBY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO ANY OF ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL GOODS OR SERVICES OR ANY OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS PERFORMANCE OR IMPLIEDDELIVERY UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR OTHER WARRANTIES: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD VALIDITY, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR NO LIENS; (B) OF CONFORMANCE TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED ANY SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART DEMONSTRATION OR PROMISE BY OR OF ANY CONTRACTSELLER; OR (C) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Limited Warranty. You may obtain without payment a license to evaluate Nasdaq warrants that it will calculate the Software Index in accordance with its then applicable method for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund calculation of the license fee is available except as specifically provided by this AgreementIndex. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT LICENSEE'S SOLE REMEDY IN EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE FOREGOINGAFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE INDEX AT THE AFFECTED TIME(S). IN THE EVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NASDAQ WILL REFUND TO THE MAXIMUM EXTENT PERMITTED LICENSEE THE PORTION OF FEES CALCULATED IN SECTION 11. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THAT THE INDEX OR THE MEANS BY APPLICABLE LAWWHICH NASDAQ CALCULATES THE INDEX IS FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, SAXONICASEQUENCE, AND ITS SUPPLIERS AND RESELLERSACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, DISCLAIM OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSCONDITIONS OR WARRANTIES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAUSE OR PURPOSE, TITLEANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENT, WITH REGARD TO OF ANY OTHER WARRANTY OR OBLIGATION ON THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE PART OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSCORPORATIONS. Nasdaq represents and warrants to Licensee that it owns the Index and Marks free and clear of liens, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTpledges or encumbrances, and that it has not granted any rights to any person that may conflict with the Licensee's rights as provided in this Agreement.

Appears in 2 contracts

Samples: License Agreement (Usaa Mutual Fund Inc), License Agreement (Usaa Mutual Fund Inc)

Limited Warranty. You may obtain without payment If you are obtaining access to the System directly from the Company (and not a license Company Partner), then the Company warrants that, when used with a recommended hardware configuration, the System will perform in substantial conformance with the documentation supplied with the System. Your exclusive remedy under the preceding limited warranty is to evaluate report the Software for noncompliance to the Company, upon which the Company will use reasonable commercial efforts to correct the non-conformance so that the System substantially conforms to the foregoing warranty, or, if Company is not able to correct the non-conformance within thirty (30) days after receipt of your report, terminate your subscription and refund to you a period pro rata portion of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license subscription fee for the Softwareunearned portion of your subscription to the System. Any misuse, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, modification or misapplicationmisapplication of the System will void the warranty above. Any replacement Software will be warranted for an additional ninety (90) daysTHIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SYSTEM. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceIF YOU ARE OBTAINING ACCESS TO THE SYSTEM FROM OR THROUGH A COMPANY PARTNER, YOU MUST REPORT AND PROVIDE ANY WARRANTY CLAIMS DIRECTLY TO SUCH COMPANY PARTNER, AND YOU WAIVE ANY RIGHT TO MAKE ANY WARRANTY CLAIM DIRECTLY AGAINST THE COMPANY. EXCEPT FOR THE FOREGOINGAS EXPRESSLY STATED HEREIN, THE SOFTWARE SYSTEM IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW", SAXONICAAT YOUR OWN RISK, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER WITHOUT EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND OR NON-INFRINGEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT THE INTEROPERABILITY OF THE SYSTEM WITH REGARD TO THIRD-PARTY SYSTEM OR DEVICES MAY BE DEPENDENT ON THE SOFTWAREACTIONS OF THIRD PARTIES THAT ARE BEYOND THE COMPANY’S CONTROL, AND FOR WHICH THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESCOMPANY ASSUMES NO LIABILITY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSWe will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the System. YOU MAY HAVE OTHERSSome states do not allow the types of disclaimers in this paragraph, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTso they may not apply to you.

Appears in 2 contracts

Samples: careforwardindex.com, kno2.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "SERVICES AND PRODUCTS ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY ON AN “AS TO ITS USE OR PERFORMANCE. AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, RELATING TO THE SERVICES AND CONDITIONSPRODUCTS, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO TITLE, DATA ACCURACY, SATISFACTORY QUALITY, OR THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART ABSENCE OF ANY CONTRACTDEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY RAVE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. Rave does not warrant that the Services or Products will meet Client’s or any Designated Institution’s requirements, that the operation thereof will be uninterrupted or error-free, or that all errors will be corrected. Without limiting the foregoing, the Client acknowledges and agrees that (i) Rave cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, (ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, and (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Client acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, including without limitation, 911 or equivalent, fire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).

Appears in 2 contracts

Samples: License and Services Agreement, Rave Mobile Safety

Limited Warranty. You may obtain without payment a license IMS warrants that the Products sold to evaluate Maxtor shall conform to the Software corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety twelve (9012) days months from the date of receipt by Maxtor. The materials portion of this warranty shall not apply to the extent of defects in the Product directly attributable to the failure of any Materials consigned or supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the SoftwareProducts must be received by IMS no later than fifteen (15) days after the expiration of the warranty period. The warranty does not extend to any Products (i) which have been subjected to misuse, Saxonica warrants neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the Software against any defects resulting from the electronic transmission process, Product. IMS' sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy obligation with respect to defective Products returned under warranty shall be, at Saxonica's IMS' option, either (i) return of the price paid, or (ii) repair or replacement thereof or refund of the Software that does not meet Saxonica's Limited Warrantypurchase price. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationTHE EXPRESS WARRANTY AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIMS MAKES, AND ITS SUPPLIERS HAS MADE, NO OTHER WARRANTIES TO MAXTOR, AND RESELLERS, DISCLAIM IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, IN ANY MANNER OR FORM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAOR NONINFRINGEMENT OF THIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17 ("INDEMNIFICATION")). Maxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., TITLEwhere Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTsituations where the Product unit has been abused or damaged by persons other than IMS).

Appears in 2 contracts

Samples: Manufacturing Services Agreement (International Manufacturing Services Inc), Manufacturing Services Agreement (International Manufacturing Services Inc)

Limited Warranty. You Seller hereby assigns to the Buyer, to the extent it may obtain without payment a license to evaluate the Software for a period do so, any available warranty of thirty daysits Supplier. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund A copy of the license fee is Seller’s supplier or manufacturer's warranty, if available, will either be delivered to the Buyer by the Seller or made available except as specifically provided by this Agreementto the Buyer upon its request. If You have paid a license fee for the SoftwareSELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, then for a period of ninety (90) days from the date of receipt of the SoftwareEXCLUDING SERVICE, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipIS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THERE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE EXPRESSED, STATUTORILY, IMPLIED, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAOTHERWISE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS NO WARRANTY OF MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICABUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in any of the following events, TITLEnamely: a) Whenever any Products have not been operated, AND NONstored or maintained in accordance with the manufacturer's and the Seller’s instructions; b) Whenever any Products have been handled, stored, repaired, or altered in any way, which may have impaired its safety, operation or efficiency; and c) Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-INFRINGEMENTconforming, WITH REGARD TO THE SOFTWAREthe Buyer shall pay all costs, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERShandling, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTand transportation.

Appears in 2 contracts

Samples: dacint.com, irp.cdn-website.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for For a period of thirty days90 days after delivery, Ambor warrants that the Font Software will substantially perform as outlined in the user documentation in effect at the time of the commencement of this license. By paying a license fee you agree Ambor will correct substantial malfunctions occurring during this warranty period provided that you have evaluated the Software to such malfunctions are reproducible, your satisfaction product is properly registered, and you agree that no refund give immediate notice and sufficient detail of such malfunctions to Ambor. Such corrections generally will be incorporated into new revisions of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Font Software, then for a period or until the release of ninety (90) days from the date such new revisions into temporary versions, at Ambor’s discretion. The correction may also be achieved by delivery of receipt new versions of the Software, Saxonica warrants Font Software in which case the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that warranty does not meet Saxonica's Limited Warrantycover such additional functionality and performance. This Limited Warranty is void if failure of Ambor will have no responsibility in the event you fail to provide proof you licensed the Font Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized Ambor source. Disclaimer; No Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, THE FONT SOFTWARE IS PROVIDED “AS IS.” XXXXX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, AMBOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, INCLUDINGWHETHER BY STATUTE, BUT NOT LIMITED TOCOMMON LAW, IMPLIED WARRANTIES CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICATHIRD PARTY RIGHTS, TITLE, AND NON-INFRINGEMENTINTEGRATION, WITH REGARD SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for the Font Software is nonreturnable and nonrefundable. Damages Limitations. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMBOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FONT SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSHOWEVER CAUSED, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE REGARDLESS OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSTHEORY OF LIABILITY (CONTRACT, ARE MADE IN GOOD FAITH BUT TORT OR OTHERWISE) AND EVEN IF AMBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE LIMITATION OF ANY CONTRACTLIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ambor’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Appears in 2 contracts

Samples: License Agreement, Ambor End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate For new Goods purchased from Smile where an Equipment Maintenance Agreement is not purchased at the Software for a period time of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaresale, then for a period of any repairs required within ninety (90) days from of purchase will be performed under a manufacturer warranty that covers labor & materials only to diagnose and/or replace a defective part. There are no other express or implied warranties made by Smile with respect to the date of receipt Goods. Client agrees & acknowledges that if any model or sample Goods were shown to Client, the models or samples were used to merely illustrate the general type & quality of the Software, Saxonica warrants Goods & Client was informed that its Goods would not necessarily conform to the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, models or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcesamples. EXCEPT FOR THE FOREGOINGAS PROVIDED ABOVE IN THIS SECTION 4, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA SMILE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWGOODS, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 5) LIMITATION OF LIABILITY: IN NO EVENT SHALL SMILE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN NOTIFIED DISCLOSED IN ADVANCE BY YOU TO SAXONICACLIENT OR COULD HAVE BEEN REASONABLY FORESEEN BY SMILE, TITLEREGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, AND NON-INFRINGEMENTTORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, WITH REGARD TO & NOTWITHSTANDING THE SOFTWARE, AND THE PROVISION FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SMILE’S AGGREGATE LIABILITY ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSTHESE TERMS OR ANY SMILE AGREEMENT, WHICH VARY FROM STATE/JURISDICTION WHETHER ARISING OUT OF OR RELATED TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICABREACH OF CONTRACT, TORT (INCLUDING STATEMENTS REGARDING NEGLIGENCE) OR OTHERWISE EXCEED THE CONFORMANCE TOTAL OF THE PRODUCT AMOUNTS PAID TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTSMILE FOR THE GOODS HEREUNDER.

Appears in 1 contract

Samples: General Terms

Limited Warranty. You may obtain without payment a license Red Sky warrants to evaluate End User that the Software for a period Service described herein will be capable of thirty days. By paying a license fee you agree that you have evaluated operating substantially in conformance with the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee product specifications for the SoftwareServices in effect at the time of delivery. If, then it is determined that the Services do not operate according to the product specifications due to Red Sky's fault, Red Sky will undertake good faith efforts to cure the nonconformity. End User's only remedy in the event of nonconformity in the Services, or for a period breach of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall bewarranty is, at SaxonicaRed Sky's option, either (i) return repair of the price paid, Services or (ii) repair or replacement return of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of Services fee for the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceServices. EXCEPT FOR THE FOREGOINGAS SPECIFICALLY PROVIDED IN THIS SECTION 12, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA RED SKY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDIMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES THE CONDITION OF THE SERVICES, THEIR MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. LIMITATIONS OF LIABILITY. SHOULD END USER, ANY PARTY CLAIMING THROUGH END USER, OR ANY PARTY CLAIMING TO SAXONICAHAVE IN ANY WAY RELIED UPON THE SERVICES SUFFER ANY LOSS, TITLEDAMAGE, COST OR EXPENSE FROM ITS USE OF THE SERVICES, THEN THE MAXIMUM AGGREGATE AMOUNT OF LIABILITY OF RED SKY, ITS OFFICERS, EMPLOYEES AND NON-INFRINGEMENT, WITH REGARD AGENTS WILL BE LIMITED TO THE SOFTWARESERVICE FEES PAID RED SKY DURING THE PRIOR TWELVE (12) MONTHS FOR THE SERVICE THAT CAUSED OR ALLEGEDLY CAUSED SUCH LOSS, DAMAGE, COST OR EXPENSE. RED SKY WILL NOT BE LIABLE FOR ANY LOSS, DIRECT OR INDIRECT OR INCIDENTAL, INCLUDING GOOD WILL, SPECIAL AND CONSEQUENTIAL DAMAGES, THAT MAY ARISE FROM THE PROVISION UNAUTHORIZED USE, OPERATION, OR MODIFICATION OF OR FAILURE TO PROVIDE SUPPORT SERVICESTHE SERVICES BY END USER. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU AGREEMENT WILL NOT CREATE ANY THIRD PARTY BENEFICIARY RIGHTS OR BENEFITS TO PARTIES OTHER THAN END USER EXCEPT AS MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBE SPECIFICALLY STATED HEREIN.

Appears in 1 contract

Samples: Network Service Agreement

Limited Warranty. You may obtain without payment a license Seller warrants to evaluate the Software Buyer or any end user (for purposes of this and the following three sections "Buyers") that its Products will be free from material defects in workmanship and materials under normal use and service for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days five years from the date of receipt Seller's original invoice (the "Warranty Period"). There is NO WARRANTY in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Seller's instructions or improper installation, xxxxxxx, modifications, storage or maintenance. Upon Buyers request for factory–applied "prime coat" finish only, the above warranty is void with respect to the finish. This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller's sole obligation with respect to such parts shall be limited to assigning to Buyers any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned. However, Seller does not adopt, guarantee or represent that the manufacturer will comply with any of the Software, Saxonica warrants terms of the Software against any defects resulting from the electronic transmission process, warranty of such manufacturer. Remedy: Seller's sole and any Software media supplied by Saxonica will be free from defects in materials exclusive obligation under this warranty (and workmanship. Saxonica's, Buyers' sole and its suppliers' and resellers', entire liability and Your exclusive remedy remedy) shall be, upon prompt written notice by Buyers during the warranty period of any breach, to either, at SaxonicaSeller's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonicareplace without charge, F.O.B. Seller's Limited Warrantyfacility, any defective Product or part thereof expressly warranted herein by Seller against defects and found by Seller in its sole discretion to be defective and covered by this warranty. This Limited Warranty is void if failure of the Software has resulted from accidentSELLER SHALL NOT BE LIABLE TO BUYERS, abuseOR TO ANYONE CLAIMING UNDER BUYERS, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE ANY OTHER OBLIGATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDLIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS REFERENCE OR OTHERWISE. This warranty covers only replacement or repair of defective Products or parts thereof at Seller's main facility and does not include the cost of field service travel and living expenses, labor, inspection, removal or installation of new Products or parts or normal maintenance. Seller will not reimburse Buyers for any expenses incurred by Buyers in repairing, correcting or replacing any defective Products, except for those incurred with Seller's prior written permission. LIMITATION ON DAMAGES: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND THIS CONTRACT SHALL BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. DISCLAIMER OF OTHER WARRANTIES: SELLER AND BUYERS AGREE THAT THE EXPRESS WARRANTIES IN THE LIMITED WARRANTY SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE). SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESBuyers shall determine the suitability of the Products for the intended use and Buyers shall assume all risk and liability whatsoever in connection therewith. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBuyers agree that Xxxxxx has no post–sale duty to warn Xxxxxx or any other party about any matter.

Appears in 1 contract

Samples: www.visalighting.com

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Addendum Contents 4 Reference ..................................................................................................................

Appears in 1 contract

Samples: S Guide

Limited Warranty. You may obtain without payment a license to evaluate Points North warrants that the Software as a Service will substantially conform in all material respects to the accompanying user manual, provided that they are used on the computer equipment and the operating system for a period which they were designed. The Products, however, are of thirty days. By paying a license fee you such complexity that it may have inherent defects, and Customer agree that you have evaluated the sole remedy for such defects shall be limited to, within reasonable time, Points North providing all reasonable Software services to correct documented logic errors. This warranty shall be null and void in the event that the Software to your satisfaction as a Service is accessed on computer equipment or operating systems not consistent with the equipment and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee environment for the Softwarewhich they were designed, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidare modified, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcemerged with incompatible software products. EXCEPT FOR THE FOREGOINGAS OTHERWISE SET FORTH ABOVE, THE SOFTWARE AS A SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PURCHASE OF THE SOFTWARE AS A SERVICE IS FINITE, AND POINTS NORTH IS NOT RESPONSIBLE FOR REPLACING THE SOFTWARE DUE TO LOSS OR DAMAGE OF ANY KIND AFTER INITIAL DEPLOYMENT. POINTS NORTH NEITHER GUARANTEES NOR WARRANTS THE DATA SUPPLIED BY CUSTOMER. POINTS NORTH DOES NOT PROVIDE COMPLIANCE AUDITING OF CUSTOMER-SUPPLIED DATA. LIMITATION OF LIABILITY IN NO EVENT SHALL POINTS NORTH LIABILITY TO CUSTOMER FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY CUSTOMER FOR USE OF THE PRODUCT. IN NO EVENT WILL POINTS NORTH BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THAT PURPOSE POINTS NORTH HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES. Governing Law This Agreement shall be governed by, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTconstrued, interpreted and enforced in accordance with the laws of the State of Minnesota applicable to agreements made and performed there, without regard to its conflicts of laws principles.

Appears in 1 contract

Samples: Service License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Provider warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Products will comply with Recipient’s Specifications; will be free from defects in materials material, design, workmanship and workmanship. Saxonica'stitle which affect form, fit or function; and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either will function properly under ordinary use for a period of one (i1) return year from the date of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcedelivery. EXCEPT FOR THE FOREGOINGAS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA PROVIDER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTINCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, OR IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN PROVIDER, RECIPIENT, THEIR RESPECTIVE AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS. 5 – CONFIDENTIALITY Information disclosed by Recipient and Provider hereunder shall be deemed to be “Confidential Information” under, and as such shall be subject to the terms and conditions of, the Micron Wholly-Owned Subsidiary Mutual Nondisclosure Agreement between MTI, on the one hand, and Provider, on the other hand, effective on even date herewith, as may be replaced or amended from time to time (the “Confidentiality Agreement”). Work Product IP shall be deemed to be “Micron Confidential Information” under, and as such shall be subject to the terms and conditions of, the Confidentiality Agreement. All Confidential Information disclosed by Recipient to Provider shall remain the exclusive property of Recipient. Except as otherwise provided by the Confidentiality Agreement, Provider shall not use the Confidential Information for any purpose other than to perform its obligations under this Agreement or otherwise for the benefit of Recipient. The obligations hereunder shall be in addition to and not reduce the obligations under the Confidentiality Agreement. If the Confidentiality Agreement expires without being replaced prior to the expiration of this Agreement, the Confidentiality Agreement shall remain in effect with respect to Confidential Information disclosed hereunder. [*] 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.

Appears in 1 contract

Samples: Supply Agreement (Micron Technology Inc)

Limited Warranty. You may obtain without payment a license to evaluate If you follow the User Guide documentation provided with the Software and comply with the terms and conditions of this Agreement in all material respects, Palisade warrants the Software will perform substantially as described in the documentation. This Limited Warranty covers the Software for a period 90 days after first purchase. If you receive updates, upgrades, or replacement software during the 90 day period, the Limited Warranty will apply for 30 days or the remainder of thirty daysthe warranty period, whichever is longer. By paying a license fee you agree that you have evaluated This Limited Warranty does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond Palisade's reasonable control. In the event the Software to your satisfaction and you agree that does not meet this Limited Warranty, Palisade will repair or replace the Software at no refund of the license fee is available except as specifically provided by this Agreementcharge. If You have Palisade cannot repair or replace the Software, Palisade will refund the amount shown on your receipt or paid a license fee invoice for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants . You must uninstall the Software against and return any defects resulting from the electronic transmission process, media and any Software media supplied by Saxonica will be free from defects in other associated materials and workmanship(such as printed documentation) to Palisade with proof of purchase to obtain a refund. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return These are your only remedies for breach of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's this Limited Warranty. This Limited Warranty is void if failure of the Software has resulted warranty gives you specific legal rights and you may have other rights that vary from accident, abusestate to state, or misapplicationin other countries. Any replacement Software will be warranted for an additional ninety (90) daysPalisade provides Support Services without warranty of any kind. Neither these remedies nor any product support services offered by Saxonica are available without proof The Limitation On and Exclusion of purchase from an authorized sourceDamages clause above applies to breaches of this Limited Warranty. EXCEPT FOR THE FOREGOINGPALISADE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSREPRESENTATIONS (EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 17), EITHER EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIEDARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, : (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, ; AND (B) ANY WARRANTY WITH REGARD RESPECT TO THE SOFTWAREQUALITY, AND ACCURACY, EFFECTIVENESS, CURRENCY OR COMPLETENESS OF THE PROVISION OF SOFTWARE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OR THAT YOUR USE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSSOFTWARE OR SUPPORT SERVICES WILL BE ERROR-FREE, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTVIRUS-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS.

Appears in 1 contract

Samples: kb.palisade.com

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Products sold hereunder shall be new and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of receipt shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Licensee believes any Product to be defective, Licensee shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processsuch Product. Licensor's sole liability to Licensee, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'sLicensee's sole remedy, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that Product which does not meet Saxonica's comply with this Limited Warranty, or (ii) return of the amount paid by Licensee for the Product which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is in compliance with this Limited Warranty is void if failure Warranty, Licensee shall pay the cost of all charges associated with the Software has resulted from accident, abuse, or misapplicationinspection and shipment of such Product by Licensor. Any replacement Software will be warranted for an additional ninety (90) daysLICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, IMPLIED WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY LICENSEE OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF THAT PURPOSE LICENSOR HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, OF THE POSSIBILITY OF SUCH DAMAGES AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NOTWITHSTANDING ANY FAILURE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWARRANTY.

Appears in 1 contract

Samples: Software Licensing Agreement

Limited Warranty. You may obtain without payment a license to evaluate The Vendor warrants that the Software will perform substantially according to the accompanying Documentation for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt purchase of the Software, Saxonica warrants Software (the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship"Warranty"). Saxonica's, and its suppliers' and resellers', The Vendor's entire liability under the Warranty and Your your exclusive remedy shall be, at Saxonicathe Vendor's option, either (ia) return of the price paid, or (ii2) repair or replacement of the Software that does not meet Saxonicathe Vendor's Limited Warrantylimited Warranty and which is returned to the Vendor with proof of purchase within ninety (90) days from the date of purchase of the Software. This Limited limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement of the Software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source, whichever is longer. EXCEPT FOR THE FOREGOINGAS SET OUT ABOVE, THE SOFTWARE IS DELIVERED TO YOU PROVIDED ON AN "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICABASIS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM THE VENDOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, INFRINGEMENT OR COMPATIBILITY WITH REGARD RESPECT TO THE SOFTWARE, ITS CONTENT AND ITS ACCOMPANYING DOCUMENTATION, OR THAT THE PROVISION OF SOFTWARE AND ITS CONTENT IS UP-TO-DATE, ERROR FREE, THAT ALL ERRORS CAN OR FAILURE TO PROVIDE SUPPORT SERVICESWILL BE CORRECTED, OR THAT IT WILL APPEAR PRECISELY AS DESCRIBED IN THE DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSSome jurisdictions do no allow limitations on duration of an implied warranty, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAso the above limitation may not apply to you, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTand you may have other legal rights that vary by jurisdiction.

Appears in 1 contract

Samples: Software Program License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software Licensor warrants, for your benefit alone, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) 90 days from the date of receipt commencement of this License Agreement (referred to as the Software, Saxonica warrants "Warranty Period") that the Software against any defects resulting from Program Media in which the electronic transmission process, and any Software media supplied by Saxonica will be SOFTWARE is contained are free from defects in materials material and workmanship. Saxonica'sLicensor further warrants, and its suppliers' and resellers'for your benefit alone, entire liability and Your exclusive remedy that during the Warranty Period the SOFTWARE PRODUCT shall beoperate substantially in accordance with the functional specifications in the USER DOCUMENTATION. If during the Warranty Period, at Saxonica's optiona defect in the SOFTWARE PRODUCT appears, you may return the SOFTWARE PRODUCT to Licensor for either (i) return replacement or, if so elected by Licensor, refund of the price paid, or (ii) repair or replacement amounts paid by you under this License Agreement. A copy of the Software that does not meet Saxonica's Limited Warrantyyour sales receipt must accompany your returned SOFTWARE PRODUCT. This Limited Warranty is void if failure of the Software SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement Software SOFTWARE will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewarranties made under this Agreement. EXCEPT FOR THE FOREGOINGWARRANTIES SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU PRODUCT, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, LICENSOR DISCLAIMS ANY AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT UNITED STATES OF AMERICA. LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT CONSTITUTE PART OF ANY CONTRACT.ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software Licenser warrants, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareLicensee’s benefit alone, then for a period of ninety (90) days from the effective date of receipt the commencement of the SoftwareSubscription License (hereinafter referred to as the “Warranty Period”) the Solutionshall operate substantially in accordance with the functional specifications in the Documentation. If during the Warranty Period, Saxonica warrants it appears that any part of the Software against any defects resulting from Solution does not function in accordance with its specifications, Licensee may return the electronic transmission processLicensed Material to Licenser for replacement or refund of amounts paid under this Agreement, at Licensee’s choice. Licensee agrees that the foregoing constitutes his sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return for breach by Licenser of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewarranties made under this Agreement. EXCEPT FOR THE FOREGOINGWARRANTIES SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU "LICENSED MATERIAL, AND THE Solution CONTAINED THEREIN, ARE LICENSED “AS IS" AND SAXONICA MAKES NO WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCEOF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SAXONICALICENSER ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, AND ITS SUPPLIERS AND RESELLERSWHETHER EXPRESS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSIMPLIED, EITHER EXPRESS STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. WITHOUT LIMITATION TO SAXONICATHE FOREGOING, TITLELICENSER PROVIDES NO WARRANTY OR UNDERTAKING, AND NON-INFRINGEMENTMAKES NO REPRESENTATION OF ANY KIND THAT THE SolutionWILL MEET LICENSSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH REGARD TO THE ANY OTHER SOFTWARE, AND THE PROVISION OF APPLICATIONS, SYSTEMS, OR FAILURE TO PROVIDE SUPPORT SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSIn case of evaluation licenses or Trial Licenses, the Solution is distributed and provided "AS IS" and with no warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty of merchantability or fitness for a particular purpose. YOU MAY HAVE OTHERSLicenser does not warrant, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONguarantee, nor makes any representations regarding the use of, or the results of the use of the App. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTLicenser does not warrant that the operation of the Solution will be uninterrupted or error-free.

Appears in 1 contract

Samples: marketplace.teamplay.siemens.com

Limited Warranty. You may obtain without payment a license to evaluate Seller and its affiliated companies (Including, but not limited to, Xxxxxxx Plating Company, Inc., Xxxxxxx Manufacturing Services, Inc., CWS Company, Laser Processing, Inc., Morgantown Technical Services, Inc., Morgantown Machine and Hydraulics of Utah, Inc., Morgantown Machine and Hydraulics of West Virginia, Inc., Morgantown Machine & Hydraulics of Wyoming, Inc. Morgantown Machine & Hydraulics of Illinois, Inc.), having its principal place of business at 0000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, XX, 00000, warrants its Goods and Services products (the Software for a period of thirty days. By paying a license fee you agree "Products") as follows: Seller warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Products sold hereunder will be free from defects in materials material and workmanshipworkmanship for a period of twelve (12) months, or as outlined below, from the date of shipment, or up to component/assembly manufacturer's warranty, whichever is earlier. Saxonica'sType of Product Warranty Period Hydraulic Cylinder: CX Brand 12 months Hydraulic Cylinder Rebuilds 6 months Pump Stations 6 months from Commissioning Laser Cladding and Chrome Work 6 months Axle and Transmission Repair 3 months Monorail Repair 3 months All other repair work 6 months If the Products do not conform to this Limited Warranty during the warranty period (as herein above specified), Buyer shall notify Seller in writing of the claimed defects and demonstrate to Seller's satisfaction that said defects are covered by this Limited Warranty. If the defects on Products are properly reported to Seller within the warranty period, and its suppliers' the defects are of such type and resellers'nature as to be covered by this warranty, entire liability and Your exclusive remedy shall beSeller shall, at Saxonicaits own expense, furnish replacement Products or, at Seller's option, either (i) return provide replacement parts for the defective Products. Shipping and installation of the price paidreplacement Products or replacement parts shall be at Buyer's expense. THIS LIMITED WARRANTY IS BUYER'S EXLCUSIVE REMEDY AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller does not warrant against damages or defects arising out of improper or abnormal use or handling of the Products; against defects or damages arising from improper installation (where installation is by persons other than Seller), against defects in products or components not manufactured by Seller, or against damages resulting from such non-Seller made products or components. Seller passes on to Buyer the warranty it received (iiif any) repair from the maker thereof of such non-Seller made products or replacement components. This warranty also does not apply to Products upon which repairs have been effected or attempted by persons other than pursuant to written authorization by Seller. Warranty liability is limited to the extent of the Software that does value of Products provided (less approved by Seller, materials provided by or work performed by Buyer) or Services provided and in no event shall exceed the value of Sellers invoice for the Products. Warranty is limited based on buyer driven design changes, material changes, application severity or product abuse. This limited warranty shall not meet Saxonicaapply to product samples or prototypes. Samples and prototypes are provided "AS- IS" and Seller has no liability or responsibility for any defects, errors, or omissions in, or any use decisions made by the buyer with or in reliance upon samples or prototypes. THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Seller shall be to repair, reimburse or replace the defective Products in the manner and for the period provided above. All repairs provided under this warranty will be performed at Seller's approved facilities or as agreed in writing between the parties. Seller shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise. Under no circumstances, whether based on this Limited WarrantyWarranty or otherwise, shall Seller be liable for incidental, special, or consequential damages of any kind, including, but not limited to, lost production, removal and installation costs. Seller's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty. This Limited Warranty states the entire obligation of Seller with respect to the Products. If any part of this Limited Warranty is determined to be void if failure of or illegal, the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTremainder shall remain in full force and effect.

Appears in 1 contract

Samples: swsn.app

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Contents

Appears in 1 contract

Samples: S Guide

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then Mottech Water Solutions Ltd warrants for a period of ninety (90) days from the date of receipt Mottech Water Solutions Ltd’s or its customer’s shipment of the Software, Saxonica warrants Software to you that (i) the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica is recorded will be free from defects in materials and workmanship. Saxonica's, workmanship under normal use and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement the Software, under normal use, will perform substantially in accordance with Mottech Water Solutions Ltd’s published specifications for that release level of the Software that does not meet Saxonica's Limited WarrantySoftware. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica The written materials are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU provided "AS IS" AND SAXONICA MAKES NO and without warranty of any kind. Mottech Water Solutions Ltd's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Mottech Water Solutions Ltd's option, provision of downloadable patch or replacement code, or refund of the unused portion of your bargained for contractual benefit up to the amount paid for this Software License. THIS LIMITED WARRANTY AS TO ITS USE OR PERFORMANCE. TO IS THE MAXIMUM EXTENT PERMITTED ONLY WARRANTY PROVIDED BY APPLICABLE LAW, SAXONICAMOTTECH WATER SOLUTIONS LTD, AND MOTTECH WATER SOLUTIONS LTD AND ITS SUPPLIERS AND RESELLERS, LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR OF IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF AND NONINFRINGEMENT. MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT THAT PURPOSE THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTTECH WATER SOLUTIONS LTD OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN NOTIFIED BY OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL MOTTECH WATER SOLUTIONS LTD OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO YOU TO SAXONICAFOR ANY CONSEQUENTIAL, TITLEINCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Mottech Water Solutions Ltd or a Mottech Water Solutions Ltd representative has been advised of the possibility of such damage. Mottech Water Solutions Ltd's liability to you for direct damages for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREEXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Transfer. In the case of software designed to operate on Mottech Water Solutions Ltd equipment, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESyou may not transfer the Software to another party except: (1) if you are an end-user, when you are transferring the Software together with the Mottech Water Solutions Ltd equipment on which it operates; or 2) if you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software either together with such Mottech Water Solutions Ltd equipment or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior version of the Software. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL If you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software as permitted herein, you agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to the conditions precedent that the other party agrees to accept the terms and conditions of this License, and you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software without our written consent. You may not transfer the Software in violation of any laws, regulations, export controls or economic sanctions imposed by the U.S. Government. Or any other applicable laws. U.S. Government Users. If you are a U.S. Government user, then the Software is provided with "RESTRICTED RIGHTS. YOU MAY HAVE OTHERS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTas applicable.

Appears in 1 contract

Samples: he.mottech.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized authorised source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Instruments and equipment manufactured by LECO are warranted to be free from defects in material and workmanship for a license period of thirteen (13) months from the date of shipment or twelve (12) months from installation, whichever is sooner, unless otherwise stated in writing by LECO. If the goods furnished by LECO fail to evaluate conform to LECO’s exclusive limited warranty, LECO’s sole and exclusive liability shall be (at LECO’s option), and given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Buyer prepaid to LECO to the Software address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided by LECO. In no event shall damages for defective goods exceed the purchase price of the goods, and LECO shall not be liable for incidental or consequential damages whatsoever. All replacement parts shall be covered under warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt purchase. Expendable items such as crucibles, combustion tubes, chemicals and items of the Softwarelike nature are not covered by this warranty. A WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, Saxonica warrants the Software against any defects resulting from the electronic transmission processCOMBUSTION TUBES, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA LECO MAKES NO WARRANTY AS WHATSOEVER WITH RESPECT TO ITS USE INSTRUMENTS, EQUIPMENT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED OTHER GOODS MANUFACTURED BY APPLICABLE LAWLECO, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY YOU LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAANY SUCH PRODUCT, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY WARRANTY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSMERCHANTABILITY, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART WARRANTY OF ANY CONTRACTFITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: www.leco.com

Limited Warranty. You may obtain without payment Altova warrants to the person or entity that first purchases a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund use of the license fee is available except as specifically provided by AED or ABE software pursuant to the terms of this Agreement. If You have paid a license fee for AEULA that (i) the Software, then software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processreceipt, and (ii) any Software media supplied support services provided by Saxonica will Altova shall be free from defects substantially as described in materials Section 3(b) of this agreement. Some states and workmanshipjurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Saxonica'sTo the extent allowed by applicable law, implied warranties on the AED or ABE software, if any, are limited to ninety (90) days. Altova’s and its suppliers' and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software AED or ABE software that does not meet Saxonica's Xxxxxx’s Limited WarrantyWarranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software AED or ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or misapplicationany other malicious external code. Any replacement Software software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceThis limited warranty does not apply to Evaluation Software. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE SOFTWARE IS DELIVERED EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU "AS IS" IN YOUR JURISDICTION, ALTOVA AND SAXONICA MAKES ITS SUPPLIERS MAKE NO WARRANTY WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ITS USE OR PERFORMANCEANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, ALTOVA AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Delve Fonts warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact Delve Fonts and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Delve Fonts to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Delve Fonts will use commercially reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipDELVE FONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DELVE FONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA DELVE FONTS MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL DELVE FONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE DELVE FONTS HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF DELVE FONTS HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Delve Fonts’ liability for such physical injury or death shall not exceed $100,000 USD, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and non-refundable. For further warranty information, please contact Delve Fonts by sending email to support@delvefonts. com or by postal mail to the address provided below.

Appears in 1 contract

Samples: User License Agreement

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Contents 1 Introduction 1

Appears in 1 contract

Samples: www.alazartech.com.cn

Limited Warranty. You may obtain without payment Altova warrants to the person or entity that first purchases a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund use of the license fee is available except as specifically provided by ADEE or XXXX software pursuant to the terms of this Agreement. If You have paid a license fee for AEULA that (i) the Software, then software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processreceipt, and (ii) any Software media supplied support services provided by Saxonica will Altova shall be free from defects substantially as described in materials Section 3(b) of this AEULA. Some states and workmanshipjurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Saxonica'sTo the extent allowed by applicable law, implied warranties on the ADEE or XXXX software, if any, are limited to ninety (90) days. Altova’s and its suppliers' and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software ADEE or XXXX software that does not meet Saxonica's Altova’s Limited WarrantyWarranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software ADEE or XXXX software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or misapplicationany other malicious external code. Any replacement Software ADEE or XXXX software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceThis limited warranty does not apply to Evaluation Software. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE SOFTWARE IS DELIVERED EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU "AS IS" IN YOUR JURISDICTION, ALTOVA AND SAXONICA MAKES ITS SUPPLIERS MAKE NO WARRANTY WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ITS USE OR PERFORMANCEANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, ALTOVA AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: origin2.cdn.componentsource.com

Limited Warranty. You may obtain without payment a license to evaluate MZ does not warrant that the functions contained in the Licensed Product will meet Your requirements or that the operation of the Software for a period of thirty dayswill be uninterrupted or error-free. By paying a license fee you agree MZ does warrant that you have evaluated the media on which the Software to your satisfaction is furnished will be free from defects in materials and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then workmanship under normal use for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipdelivery (“Warranty Period”). Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of under this limited warranty is the price paid, or (ii) repair or replacement of any defective physical media on which the Software that does not meet Saxonica's Limited Warrantyis furnished, as provided herein. This Limited To receive a replacement for defective media under this limited warranty, return the defective media to MZ during the Warranty is void if failure of the Software has resulted from accidentPeriod, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without with proof of purchase from an authorized sourcepurchase. EXCEPT FOR THE FOREGOINGAS PROVIDED ABOVE, THE SOFTWARE LICENSED PRODUCT IS DELIVERED TO YOU "PROVIDED “AS IS" , WITH ALL FAULTS” AND SAXONICA MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTNONINFRINGEMENT. MZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOU REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, WITH REGARD OR THAT ERRORS WILL BE CORRECTED. FURTHERMORE, MZ DOES NOT WARRANT THE DATA GENERATED BY THE OPERATION OR USE OF THE SOFTWARE OR THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE OF SUCH DATA. THE ENTIRE RISK AS TO THE SOFTWARE, QUALITY AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE PERFORMANCE OF THE LICENSED PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSIS WITH YOU. Some states do not allow the exclusion of implied warranties, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTso the above exclusion may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from state to state.

Appears in 1 contract

Samples: mcieaclassroom.oscarscore.com

Limited Warranty. You may obtain without payment (a) WhiteCanyon warrants to the original purchaser of a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then (i) that the Software, will perform substantially in accordance with the accompanying documentation and (ii) that the Software is properly recorded on the disk media. This Limited Warranty extends for a period of ninety (90) days from the date of receipt of the Softwarepurchase. (b) This Limited Warranty does not apply to any Software that has been altered, Saxonica warrants damaged, abused, misapplied, or used other than in accordance with this License Agreement and any instructions included on the Software against any defects resulting from and the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipaccompanying documentation. Saxonica's, and its suppliers' and resellers', (c) WhiteCanyon’s entire liability and Your your exclusive remedy under this Limited Warranty shall be, at Saxonica's option, either (i) return of be the price paid, or (ii) repair or replacement of the any Software that does not meet Saxonica's Limited Warranty. This fails to conform to this Limited Warranty is void if failure or, at WhiteCanyon’s option, return of the price paid for the Software. WhiteCanyon shall have no liability under this Limited Warranty unless the Software has resulted from accidentis returned to WhiteCanyon or its authorized representative, abusewith a copy of your receipt, or misapplicationwithin the warranty period. Any replacement Software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) daysdays whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE (d) THIS WARRANTY IS DELIVERED TO YOU "AS IS" IN LIEU OF AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM EXCLUDES ALL OTHER WARRANTIES AND CONDITIONSNOT EXPRESSLY SET FORTH HEREIN, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OR WARRANTIES ARISING FROM USAGE OF TRADE OR FAILURE TO PROVIDE SUPPORT SERVICESCOURSE OF DEALING. (e) THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ; YOU MAY HAVE OTHERS, OTHERS WHICH VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: shop.asapsoftware.ca

Limited Warranty. You may obtain without payment a license to evaluate WRI warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated Product shall be free from defects in the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then physical media for a period of ninety (90) days from the following date of receipt of the Softwarepurchase when used under normal conditions. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipEXPRESS OR IMPLIED. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, WRI DOES NOT WARRANT THAT THE SOFTWARE IS DELIVERED TO YOU "FREE FROM ALL BUGS AND OMISSIONS; THE PRODUCT IS SOLD AS IS" AND SAXONICA . WRI MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWREPRESENTATIONS, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE PRODUCT OR THE SOFTWARE CONTAINED IN THE PRODUCT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF PURPOSE, ALL OF WHICH IS EXPRESSLY DISCLAIMED. WRI DOES NOT WARRANT THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION TO THE SOFTWAREFOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. WRI, ITS DISTRIBUTORS AND DEALERS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PROVISION PRODUCT, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR FAILURE OMISSIONS. WRI DOES NOT RECOMMEND THE USE OF THE SOFTWARE FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS MAY NOT APPLY TO PROVIDE SUPPORT SERVICESYOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY ALSO HAVE OTHERS, OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTThis License Agreement shall be construed under the laws of the State of Illinois.

Appears in 1 contract

Samples: Mathematica® License Agreement

Limited Warranty. You may obtain without payment a license This warranty extends only to evaluate the Software for a period original End User of thirty daysthis License, and no third party shall have the right to make any claim or assert any right hereunder. By paying a license fee you agree pernexas warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt the acquisition of the Software, Saxonica warrants License (the “Warranty Period”): (a) the Software against any defects resulting from will perform substantially in accordance with the electronic transmission process, Documentation; and any (b) the Software is properly recorded on the media supplied by Saxonica will or in the files to be free from defects in materials and workmanshipdownloaded. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of pernexas does not warrant that the price paid, or (ii) repair or replacement operation of the Software that does not meet Saxonica's Limited Warrantywill be uninterrupted or error free. This Limited Warranty warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationmisapplication or from the End User having modified the Software or used it for a purpose or in a context other than the purpose or context for which it was designed. If, during the Warranty Period, the Software does not perform substantially in accordance with the Documentation or is not recorded properly on the media or files to be downloaded, the End User’s sole and exclusive remedy, and pernexas’s sole obligation and liability under this warranty shall be as follows: if the End User notifies pernexas in writing of the non-conformity within the Warranty Period, pernexas shall, at pernexas's option, either (i) return the license / subscription fees paid (if any) with respect to the non-conforming Software; or (ii) repair or replace the non-conforming Software. If pernexas elects to return the license / subscription fees, the End User agrees to promptly return the Software to pernexas or establish to pernexas’s satisfaction that it has destroyed/uninstalled the Software. Any replacement Software will be warranted for an additional ninety the remainder of the original Warranty Period or thirty (9030) daysdays from replacement, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof There is no warranty after expiration of purchase from an authorized sourcethe Warranty Period. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED PROVIDED WITHOUT ANY SPECIFIC ASSESSMENT OF ITS FITNESS FOR THE END USER’S SPECIFIC USE CASE, INDUSTRY OR BUSINESS CONTEXTS, INCLUDING ANY SECURITY OR FUNCTIONALITY REQUIREMENTS THAT THE END USER MIGHT HAVE, EVEN IF THE END USER HAS DISCLOSED THESE TO YOU "AS IS" PERNEXAS IN ANY MANNER. THE END USER REMAINS FULLY AND SAXONICA MAKES NO WARRANTY AS ENTIRELY RESPONSIBLE FOR VERIFYING TO ITS USE OR PERFORMANCE. TO OWN SATISFACTION WHETHER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICASOFTWARE IS APPROPRIATE FOR ITS BUSINESS ACTIVITIES, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN SHALL REFRAIN FROM USING THE SOFTWARE IF THAT PURPOSE IT HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ANY DOUBTS IN THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTRESPECT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Altova warrants to the person or entity that first purchases a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund use of the license fee is available except as specifically provided by AED or ABE software pursuant to the terms of this Agreement. If You have paid a license fee for AEULA that (i) the Software, then software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processreceipt, and (ii) any Software media supplied support services provided by Saxonica will Altova shall be free from defects substantially as described in materials Section 3(b) of this agreement. Some states and workmanshipjurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Saxonica'sTo the extent allowed by applicable law, implied warranties on the AED or ABE software, if any, are limited to ninety (90) days. Altova’s and its suppliers' and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software AED or ABE software that does not meet Saxonica's Altova’s Limited WarrantyWarranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software AED or ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or misapplicationany other malicious external code. Any replacement Software software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceThis limited warranty does not apply to Evaluation Software. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE SOFTWARE IS DELIVERED EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU "AS IS" IN YOUR JURISDICTION, ALTOVA AND SAXONICA MAKES ITS SUPPLIERS MAKE NO WARRANTY WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ITS USE OR PERFORMANCEANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, ALTOVA AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Products sold hereunder shall be new and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of receipt shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processsuch Product. Licensor's sole liability to Dell, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'sDell's sole remedy, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that Product which does not meet Saxonica's comply with this Limited Warranty, or (ii) return of the amount paid by Dell for the Product which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is in compliance with this Limited Warranty is void if failure Warranty, Dell shall pay the cost of all charges associated with the Software has resulted from accident, abuse, or misapplicationinspection and shipment of such Product by Licensor. Any replacement Software will be warranted for an additional ninety (90) daysDell Confidential 3 LICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, IMPLIED WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF THAT PURPOSE LICENSOR HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, OF THE POSSIBILITY OF SUCH DAMAGES AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NOTWITHSTANDING ANY FAILURE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWARRANTY.

Appears in 1 contract

Samples: Software Licensing Agreement (Commvault Systems Inc)

Limited Warranty. You may obtain without payment a license to evaluate the Software Licensor warrants, for your benefit alone, for a period of thirty days. By paying a license fee you agree that you have evaluated 90 days (called the Software to your satisfaction “Warranty and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90Support Period”) days from the date of receipt delivery of the Software, Saxonica warrants software that during this period the Software against any defects resulting from shall operate substantially in accordance with the electronic transmission processfunctionality described in the User's Manual. If during the Warranty and Support Period, a defect in the Software appears, Licensor will make all reasonable efforts to cure the defect, at no cost to You. You agree that the foregoing constitutes your sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return for breach by Licensor of the price paid, or (ii) repair or replacement any warranties made under this Agreement. Licensor is not responsible for obsolescence of the Software that does not meet Saxonica's Limited Warrantymay result from changes in your requirements. This Limited Warranty is void if failure The foregoing warranty shall apply only to the most current version of the Software has resulted issued from accidenttime to time by Licensor. Licensor assumes no responsibility for the use of superseded, abuseoutdated, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof uncorrected versions of purchase from an authorized sourcethe Licensed Program. EXCEPT FOR THE FOREGOINGWARRANTIES SET FORTH ABOVE, THE SOFTWARE, AND THE SOFTWARE IS DELIVERED TO YOU CONTAINED THEREIN, ARE LICENSED "AS IS," AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, LICENSOR DISCLAIMS ANY AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, TITLEdemands, AND NON-INFRINGEMENTor actions arising out of or relating to this Agreement shall not exceed the License Fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, WITH REGARD TO THE SOFTWAREincidental, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESconsequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT SOME STATES DO NOT CONSTITUTE PART ALLOW THE LIMITATION OR EXCLUSION OF ANY CONTRACTLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Trademark. JPRO® is a registered trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of North Carolina.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without CGI hereby warrants to D/A/R/L that each CGI payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica assurance/reminder product will be free from defects in workmanship and materials and workmanshipfor a period of one (1) year from the date of first installation as indicated by serial number. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair Repair or replacement of the Software that does not meet Saxonica's Limited WarrantyProduct or any component of the Product, which fails to conform to this warranty, shall, at the sole discretion of CGI, be D/A/R/L’s sole remedy and in no event shall CGI or its representative be liable for incidental or consequential damages. Any Product must be returned postage prepaid and must include a Return Material Authorization. This Limited Warranty limited warranty shall not extend to any damage to the main unit or wiring harness which is void if failure the result, as determined by CGI, of the Software has resulted from accident4software programs, misuse, abuse, neglect, incorrect or misapplicationfaulty wiring, improper installation, unauthorized service, current in excess of 20 Amps drawn through the relay, or any use in violation of the instruction/warranty card furnished by CGI to D/A/R/L with the Product. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THIS LIMITED WARRANTY IS THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO ONLY WARRANTY AS TO ITS USE OR PERFORMANCE. GIVEN BY CGI TO THE MAXIMUM D/A/R/L. TO THE EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL CGI GIVES NO OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE CGI IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY OF THE PRODUCT FOLLOWING: (1) SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT, HARM TO EXTERNALLY PUBLISHED SPECIFICATIONSBUSINESS REPUTATION, OR LOSS OF GOODWILL); OR (2) THIRD PARTY CLAIMS AGAINST THE D/A/ R/L FOR DAMAGES. IN RECOGNITION THAT SERVICE INTERRUPTIONS IN THE TELECOMMUNICATIONS INDUSTRY ARE MADE FREQUENTLY DUE TO CIRCUMSTANCES BEYOND CGI'S CONTROL AND DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, CGI SHALL HAVE NO LIABILITY TO SUBSCRIBERS FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTRANSMISSION.

Appears in 1 contract

Samples: Lienholder Service Provider Agreement

Limited Warranty. The Software is warranted for ninety days after its initial delivery to You may obtain without payment a license to evaluate that it will substantially conform with its Documentation supplied by Rockwell Automation at the Software for a period time of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt initial delivery of the Software, Saxonica warrants . Defective media will be replaced without charge if returned during the warranty period. This warranty shall be void if You attempt to modify the Software against in any defects resulting from way. Rockwell Automation makes no representation or warranty, express or implied, that the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement operation of the Software will be uninterrupted or error free, or that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the functions contained in the Software has resulted from accident, abuse, will meet or misapplication. Any replacement Software will be warranted satisfy Your intended use or requirements; You assume complete responsibility for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEdecisions made or actions taken based on information obtained using the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM LAW THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND ROCKWELL AUTOMATION DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITYTITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU OR ANY WARRANTY UNDER UCITA. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESYOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY ALSO HAVE OTHERS, OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION COUNTRY TO COUNTRY OR STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE LIMITATION OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.REMEDIES Rockwell Automation’s entire liability and Your exclusive remedy for breach of the Limited Warranty shall be:

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate a. Mindjet warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return to discontinue your use of the price paid, or (ii) repair or replacement of licensed software and terminate your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. Any replacement This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software will be warranted made available by Mindjet at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, MINDJET AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSMINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Mindmanager Enterprise End User License Agreement

Limited Warranty. You may obtain without payment The software was created and tested by a license licensed engineer in accordance with standard engineering practices. Every reasonable attempt was made to evaluate verify the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund accuracy of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, software and its suppliers' and resellers'documentation. CASCADE CONSULTING ASSOCIATES, entire liability and Your exclusive remedy shall beINC. WARRANTS THAT THE SOFTWARE SHALL BE OF CASCADE CONSULTING ASSOCIATES, at Saxonica's optionINC’S STANDARD QUALITY AND FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. CASCADE CONSULTING ASSOCIATES, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT INC’S SOLE LIABILITY AND OBLIGATION CONCERNING THE SOFTWARE WILL BE TO REPLACE DEFECTIVE DISKETTES OR PRINTED MATERIALS WHICH PREVENT THE SOFTWARE FROM PERFORMING AS DESCRIBED IN THE ACCOMPANYING WRITTEN MATERIALS FOR THE FOREGOING, SOFTWARE. DEFECTS MUST BE REPORTED IN WRITING TO CASCADE CONSULTING ASSOCIATES INC. WITHIN 60 DAYS FROM YOUR RECEIPT OF THE SOFTWARE SOFTWARE. THE FOREGOING WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED PURPOSE. BY YOU TO SAXONICA, TITLEWAY OF EXAMPLE, AND NON-INFRINGEMENTNOT AS A LIMITATION OF THE FOREGOING, WITH REGARD CASCADE CONSULTING ASSOCIATES, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS OR THAT THE PROGRAM WILL OPERATE IN THE COMBINATION WHICH THE USER SELECTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. ANYONE MAKING USE OF THE SOFTWARE ASSUMES ALL LIABILITY ARISING FROM ITS USE. IT IS THE RESPONSIBILITY OF THE USER OF THE SOFTWARE TO VERIFY THE AVAILABILITY, SUITABILITY AND ADEQUACY OF ANY STRUCTURAL MEMBER CHOSEN FOR DESIGN AND/OR CONSTRUCTION. IN NO EVENT SHALL CASCADE CONSULTING ASSOCIATES, INC. BE LIABLE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY THE USER OR OTHERS AS A RESULT OF THE USE, INABILITY TO USE OR MISUSE OF THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESEVEN IF CASCADE CONSULTING ASSOCIATES, INC. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE HAS BEEN ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES. THE USER’S SOLE REMEDIES ARE AS SET FORTH ABOVE. In the event that you wish to obtain the replacement of a defective diskette or printed materials during the 60-day warranty period, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTyou must send the defective part or parts postage paid, to Cascade Consulting Associates, Inc., XX Xxx 0000, Xxxxxxxxx, Xxxxxx 00000. Please include your name, address and a copy of the packing slip or a copy of your receipt and a brief description of the defect.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty. You may obtain without payment a license We warrant: (i) that we or our licensors have the right to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of grant the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then rights hereunder; (ii) that for a period of ninety (90) days from delivery (“Warranty Period”) the licensed Programs shall conform in all material respects to their functional specifications in the Documentation; and (iii) you may receive a full refund of the initial fee paid for the Programs if you terminate this Agreement within thirty (30) days of the date of receipt the delivery of the Softwarefirst version of the Programs that we provide to you (the “Acceptance Period”). Delivery of subsequent versions of or upgrades to the Programs shall not enlarge or restart the Acceptance Period. b If a Program does not operate as warranted and you notify us within the Warranty Period, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your your exclusive remedy and our sole liability shall be, at Saxonica's option, either be (i) return the correction or workaround of the price paidmajor defects within a reasonable time, or (ii) repair if such correction or replacement workaround prove neither satisfactory nor practical, termination of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure relevant license and refund of the Software has resulted from accidentinitial license fee paid to us for the Programs. c All requests for warranty assistance should be directed to COMSOL AB, abuseXxxxxxxxxxx 00, or misapplicationXX-000 00 XXXXXXXXX, Xxxxxx. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. d EXCEPT FOR AS EXPRESSLY PROVIDED ABOVE, EXCEPT AS EXPRESSLY SPECIFIED IN SECTION 8, AND EXCEPT TO THE FOREGOINGEXTENT OTHERWISE REQUIRED BY LAW, THE SOFTWARE IS DELIVERED TO YOU PROGRAMS AND DOCUMENTATION ARE PROVIDED "AS IS" IS AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWITH ALL FAULTS"; AND WE AND OUR LICENSORS, SAXONICADISTRIBUTORS, AND ITS SUPPLIERS AND RESELLERS, RESELLERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF OUTPUT, LACK OF NEGLIGENCE, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS WE OR OUR DISTRIBUTORS OR RESELLERS HAVE BEEN NOTIFIED BY YOU TO SAXONICAINFORMED OF SUCH A PURPOSE) AND WARRANTIES ARISING FROM ANY COURSE OF DEALING, TITLEUSAGE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTRADE PRACTICE.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license SUPPLIER WARRANTS FROM THE DATE OF DELIVERY FOR A PERIOD OF ONE YEAR, THAT ALL PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS WITHIN THE LIMITS OF THE APPLICABLE SPECIFICATIONS. THIS IS THE EXCLUSIVE WARRANTY MADE WITH RESPECT TO THE PRODUCTS AND ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ANY CLAIM FOR A BREACH OF EXPRESS WARRANTY MUST BE MADE IN WRITING WITHIN ONE YEAR OF THE DATE OF SHIPMENT OF THE PRODUCT. ANY DAMAGE RESULTING FROM USAGE, WHICH IS NOT CONSISTENT WITH OUR PRODUCT INFORMATION OR INDUSTRY PIPING PRACTICES, SEVERE CORROSIVE USE OR ABRASIVE OPERATING CONDITIONS, IS NOT COVERED BY THIS EXPRESS WARRANTY. DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT BY SUPPLIER. SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR ANY LABOR EXPENDED IN REPLACING THE PRODUCT. If Buyer believes any Product is non-conforming or was shipped to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund Buyer in error, then Buyer shall give Supplier prompt written notice of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) alleged defect or error within 10 days from the date of receipt of the SoftwareProduct. Supplier’s sole obligation under the foregoing warranties shall be limited to replacing the non-conforming Product. At Supplier’s election, Saxonica warrants Buyer shall return the Software against Product to Supplier (at Supplier’s expense), make the Product available for inspection by Supplier or its agents at Buyer’s place of business, or destroy the Product (before or after the date of any defects resulting inspection at Supplier’s expense). Buyer’s exclusive remedy for breach of any of such warranties will be enforcement of such obligation of Supplier. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from Supplier, including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its authorized representative or modifications to or adaptations of the electronic transmission processProduct made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product that is not made within ten (10) days after such Product has been received by Buyer. Unless otherwise specifically stated in Supplier’s quotation, Supplier does not warrant that its tubular Products are suitable for polishing and/or threading, and any Software media supplied by Saxonica Supplier will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, not accept back-charges or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted returns for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTthis reason.

Appears in 1 contract

Samples: General Terms and Conditions

Limited Warranty. You may obtain without payment a license Adobe warrants to evaluate you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a period of thirty days. By paying a license fee warranty claim, you agree that you have evaluated must return the Software to the location where you obtained it along with a copy of your satisfaction sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and you agree that no exclusive liability and remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, then for a period ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of ninety (90) days from the date of receipt of the Softwareincidental, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidconsequential or special damages, or (ii) repair the exclusion of implied warranties or replacement of limitations on how long an implied warranty may last, so the Software that does above limitations may not meet Saxonica's Limited Warrantyapply to you. This Limited Warranty is void if failure of To the Software has resulted from accidentextent permissible, abuse, or misapplication. Any replacement Software will be warranted for an additional any implied warranties are limited to ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase This warranty gives you specific legal rights. You may have other rights which vary from an authorized sourcestate to state or jurisdiction to jurisdiction. EXCEPT FOR THE FOREGOINGFor further warranty information, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTplease contact Adobe’s Customer Support Department.

Appears in 1 contract

Samples: lost-contact.mit.edu

Limited Warranty. You may obtain without payment a license to evaluate In accordance with the Software for a period terms and conditions of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction this Limited Lifetime Warranty, and you agree that no refund of the license fee is available except as specifically provided by excluded or disclaimed in this Agreement. If You have paid a license fee for the Softwaredocument, then for a period of ninety (90) days RPX warrants, from the date of receipt of the SoftwarePurchase Date, Saxonica warrants the Software against any defects resulting from the electronic transmission process, that all fully registered Products will conform to RPX’s published Product specifications and any Software media supplied by Saxonica will be free from defects in materials and workmanshipworkmanship during the applicable Warranty Period. Saxonica'sPURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY, and its suppliers' and resellers'AT RPX’S SOLE DISCRETION, entire liability and Your exclusive remedy shall beIS THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS IN A MANNER, at Saxonica's optionAND BY A SERVICE CENTER, either (i) return of the price paidAUTHORIZED BY RPX. IF THIS REMEDY IS ADJUDICATED TO BE INSUFFICIENT, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyRPX SHALL REFUND PURCHASER’S PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO BUYER WHATSOEVER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication5. Any replacement Software will be warranted for an additional ninety (90) daysWARRANTY EXCLUSIONS AND DISCLAIMERS. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA RPX MAKES NO OTHER WARRANTY AS TO ITS USE OR PERFORMANCE. OF ANY KIND WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM PRODUCTS. ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE PURCHASER HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLERPX OF ITS INTENDED USE FOR THE PRODUCTS), AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. THIS WARRANTY EXPRESSLY EXCLUDES ROUTINE PRODUCT MAINTENANCE, WITH REGARD TO THE SOFTWARECALIBRATIONS, CERTIFICATIONS, SOFTWARE UPDATES, AND REPLACEMENT OF MANUALS, ACCESSORIES, OR DISPOSABLE BATTERIES. RPX FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE PROVISION OF OR ALLEGED NONCONFORMITY IS DUE TO NORMAL WEAR AND TEAR, ALTERATION, MODIFICATION, REPAIR, ATTEMPTED REPAIR, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO PROVIDE SUPPORT SERVICESFOLLOW ANY PRODUCT INSTRUCTIONS, OPTICAL SOLAR DAMAGE, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), OR ANY OTHER IMPROPER CARE OR HANDLING OF THE PRODUCTS CAUSED BY ANYONE OTHER THAN RPX OR RPX’S EXPRESSLY AUTHORIZED DESIGNEE. THIS LIMITED DOCUMENT CONTAINS THE ENTIRE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSAGREEMENT BETWEEN PURCHASER AND RPX AND SUPERSEDES ALL PRIOR WARRANTY NEGOTIATIONS, AGREEMENTS, PROMISES AND UNDERSTANDINGS BETWEEN PURCHASER AND RPX. YOU THIS WARRANTY MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING NOT BE ALTERED WITHOUT THE CONFORMANCE EXPRESS WRITTEN CONSENT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTRPX.

Appears in 1 contract

Samples: www.rpxtech.com

Limited Warranty. You may obtain without payment Creatype warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period contact Creatype and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Creatype to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Creatype will use reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipCREATYPE DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CREATYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CREATYPE MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CREATYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CREATYPE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CREATYPE HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Creatype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Xxxxxx warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for media containing the Software, then for a period of ninety (90) days from the date of receipt of the Softwareif provided by Xxxxxx, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is free from defects in materials and workmanshipworkmanship and will remain so for 90 days from the date you acquired the Software. Saxonica's, and its suppliers' and resellers', entire Xxxxxx’x sole liability and Your exclusive remedy for any breach of this warranty shall be, at Saxonica's optionin Xxxxxx’x discretion, either (i) return to repair or replace your defective media without charge or to refund the license fee you paid for the Software. Defective media may be returned for replacement or refund during the 90-day warranty period unless the media has been damaged by your actions or while under your control. Due to the complex nature of computer software, Xxxxxx does not warrant that the Software is completely error-free, will operate without interruption, or is compatible with all equipment and software configurations. You expressly assume all risk for use of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantySoftware. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA XXXXXX MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER WARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SOFTWARE AND/OR THE PRINTED MATERIALS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NO WARRANTY OF OR FAILURE TO PROVIDE SUPPORT SERVICESNONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO DEALER, AGENT OR EMPLOYEE OF XXXXXX IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. You may have others, which vary from state to state. Exclusion of Damages: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL XXXXXX OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU MAY OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF XXXXXX’X LIST PRICE FOR A LICENSE TO THE SOFTWARE AND/OR PRINTED MATERIALS, EVEN IF XXXXXX SHALL HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE BEEN INFORMED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF OR FOR ANY CONTRACTCLAIM BY ANY OTHER PARTY. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You The Ancillary Products may obtain without payment a license to evaluate be “New” or “Used” Ancillary Products. In the Software for a period event of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund any defect, Lessee shall notify Lessor within two (2) days of the license fee is occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareAncillary Products. In any event, then for a period the liability of ninety (90) days from Lessor shall be limited solely to the date repair of receipt of defects in, or, the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyAncillary Products at Lessor’s sole option. This Limited Warranty is void if failure Lessor shall have no liability for the repair of any defect or condition resulting from: Lessee’s relocation of the Software has resulted from accident, abuseAncillary Products; utilities connection; alteration of the Ancillary Products; use of the Ancillary Products for a purpose for which it was not intended; vandalism; misuse of the Ancillary Products; excessive wear and tear, or misapplicationfailure to provide notice to Lessor of needed repairs or maintenance. Any replacement Software will be warranted for an The repair of the Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional ninety (90) dayscharges to Lessee. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" LESSOR DISCLAIMS ANY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED RELATED TO THE ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND NON-INFRINGEMENT, “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF USAGE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE CONDITION OF THE PRODUCT ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWRITING BY BOTH LESSOR AND LESSEE.

Appears in 1 contract

Samples: Lease Agreement

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Limited Warranty. You may obtain without payment a license to evaluate We warrant that during the Software Subscription Term for a period of thirty daysthe applicable Services, the Services will conform, in all material respects, with the Documentation. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund For any breach of the license fee is available except as specifically provided above warranty, We will, at no additional cost to You, provide remedial services necessary to enable the Services to conform to the warranty. You will provide Us with a reasonable opportunity to remedy any breach and reasonable assistance in remedying any defects. The remedies set out in this section are Your sole remedies for breach of this warranty. This warranty will only apply if the Services have been utilized by You in accordance with the Order Form and this Agreement. If You have paid a license fee for the SoftwareWE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, then for a period of ninety OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICES AVAILABLE (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINTERNET, SAXONICAOTHER TRANSMISSION NETWORKS, AND ITS SUPPLIERS YOUR LOCAL NETWORK AND RESELLERS, DISCLAIM ALL EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY US. THERE ARE NO OTHER WARRANTIES AND OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION INFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD PARTY RIGHTS. YOU MAY HAVE OTHERSASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES ARE ACCURATE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTRELIABLE OR SUFFICIENT FOR YOUR PURPOSES.

Appears in 1 contract

Samples: Devo Terms of Service

Limited Warranty. You may obtain without payment a license The Licensor warrants to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Customer that: (i) return of the price paidSoftware will, or during the Warranty Period under normal Use, materially conform with the Specification; and (ii) repair or replacement it will carry out the Services in a professional manner consistent with industry standards using reasonable skill and care. If the Customer notifies the Licensor in writing of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if any material failure of the Software has resulted to conform with the Specification during the Warranty Period, the Licensor shall at its own expense and sole option either: (a) use reasonable endeavours to correct such failure within a reasonable time; or (b) upon return of the Software and the Documentation refund to the Customer the proportional Subscription Fees for the Software that materially failed to confirm with the Specification. The foregoing sets out the Customer’s exclusive remedy against the Licensor for any failure of the Software to conform to the Specification during the Warranty Period. If the Customer is not fully satisfied on reasonable grounds that the Services have been provided in accordance with this Agreement, it may give notice to the Licensor within ten (10) days of the provision of such Services setting out details of the variance from accidentService/s it was expecting. The Licensor shall: (x) within a reasonable time seek to rectify, abuseat its discretion, any aspect of Service/s it is thus notified of; and/or (y) reduce or misapplicationmake an appropriate adjustment to the Fees against any anomaly in Service/s it determines is un- resolvable. Any replacement Software will If the Customer is not satisfied with the Licensor’s rectification pursuant to above, then the Customer may request that the matter be warranted for an additional ninety (90) daysresolved pursuant to the dispute resolution procedure agreed by the Parties. Neither these remedies nor The foregoing provisions set out the Customer's exclusive remedy in respect of any product support services offered by Saxonica are available without proof alleged failure of purchase from an authorized sourcethe Licensor to provide the Services. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, TRADE PRACTICE, CUSTOM, COURSE OF DEALING OR OTHERWISE (INCLUDING ABOUT QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS OR SUITABILITY FOR PURPOSE) IN RESPECT OF THE SOFTWARE, THE DOCUMENTATION, AND THE SERVICES ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WITHOUT PREJUDICE TO THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE LICENSOR DOES NOT GIVE ANY WARRANTY: (A) ABOUT THE TIMING, THROUGHPUT, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES RESPONSE TIME PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE; OR (B) THAT THE SOFTWARE WILL BE COMPLETELY FREE OF VIRUSES, ERRORS OR BUGS. HOWEVER, IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SOFTWARE CONTAINS AN ACTIVATION PROCESS THAT CONTROLS ITS USAGE IN ACCORDANCE WITH THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAGREEMENT.

Appears in 1 contract

Samples: A Legally Binding Agreement

Limited Warranty. You may obtain without payment Craft Supply Co warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact Craft Supply Co. The entire, exclusive and cumulative liability and remedy shall be that Craft Supply Co will use reasonable efforts to evaluate cause the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Font Software to your satisfaction conform to the documentation as soon as commercially practicable. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and you agree that no cumulative liability and remedy shall be limited to the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt to Craft Supply Co to obtain delivery of the Font Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliersCRAFT SUPPLY CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceBREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CRAFT SUPPLY CO MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CRAFT SUPPLY CO HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license GautFonts warrants to evaluate you that the Software Commercial Fonts will perform substantially in accordance with its documentation for a the thirty (30) day period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund following delivery of the license fee is available except Commercial Fonts. To make a warranty claim, you must, within the thirty (30) day warranty period, contact GautFonts and provide sufficient information regarding your acquisition of the Commercial Fonts so as specifically provided by this Agreement. If You have paid a license fee for to enable GautFonts to verify the Software, then for a period of ninety (90) days from the existence and date of receipt of the Softwaretransaction. The entire, Saxonica warrants the Software against any defects resulting from the electronic transmission process, exclusive and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire cumulative liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of be that GautFonts will use commercially reasonable efforts to cause the price paid, or (ii) repair or replacement of Commercial Fonts to conform to the Software that does not meet Saxonica's Limited Warrantydocumentation as soon as commercially practicable. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationGAUTFONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONTS SOFTWARE. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GAUTFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA GAUTFONTS MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL GAUTFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE FOUNDRY HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF GAUTFONTS HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. You may have other rights that vary from province to province or jurisdiction to jurisdiction. The Commercial Fonts is non-returnable and nonrefundable.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software limitations of Section 6, Seller warrants that it will perform the Services as described in this Agreement and will exercise all reasonable skill, care and due diligence in the performance of the Services and shall perform the Services in accordance with professional practice. Seller warrants that all Services performed shall be free from faulty workmanship for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from completion of Services. To the date extent assignable, Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceParts. EXCEPT FOR THE FOREGOINGAS SPECIFIED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS" AND SAXONICA MAKES , WHERE-IS, WITH NO WARRANTY AS TO ITS USE OR PERFORMANCEWHATSOEVER. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, SERVICES AND ITS SUPPLIERS PARTS AND RESELLERS, DISCLAIM ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SELLER IN SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller that is used in (i) the selection of the Services and/or Parts and (ii) the preparation of Seller's quotation and/or scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Services or Parts, either alone or in combination with other parts.

Appears in 1 contract

Samples: Services Terms and Conditions

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that during the Warranty Period the Software for a period of thirty dayswill conform to the specifications set forth in Licensor’s relevant documentation. By paying a license fee you agree that you have evaluated The “Warranty Period” begins on the date Licensor makes the Software to your satisfaction available for electronic download by Customer and you agree that no refund of the license fee is available except as specifically provided by this Agreementends ninety days later. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, Customer's sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall under this limited warranty will be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not meet Saxonica's Limited Warranty. This Limited Warranty apply if the Software: (a) is void if failure licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Licensor; (c) has not been installed, operated, repaired, or maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software has resulted from accidentitself. DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, abuseXXXXXXXX MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR ANY THIRD PARTY HARDWARE, or misapplicationSOFTWARE AND SERVICES. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceLICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOINGAS EXPRESSLY GRANTED IN THIS AGREEMENT, THE SOFTWARE IS DELIVERED TO YOU "AND ALL RELATED SERVICES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICALICENSOR EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND ITS SUPPLIERS AND RESELLERSWITHOUT LIMITATION, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT, WITH REGARD NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE SOFTWAREEXTENT AN IMPLIED TERM, AND CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPERIOD.

Appears in 1 contract

Samples: License and Services Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareSYMON warrants, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) upon return of the price paidwarranted item to the place You obtained it, or that: (iia) repair or replacement if at any time within the year following delivery of the Software that does not meet Saxonica's Limited WarrantyProduct to You, the Media is in a damaged or physically defective condition, SYMON will provide replacements to You at no charge; and (b) if the software fails to substantially conform to the specifications in Your Documentation, and if You report the nonconformity in writing to SYMON (or to Your SYMON reseller) within the year following delivery of the Product to You, then SYMON will either remedy the nonconformity or, in SYMON’s sole discretion, refund your License fees to you, in which case, this License and Your right to use the Product will automatically terminate. This Limited Warranty is void if failure of sets forth Your SOLE AND EXCLUSIVE REMEDIES and the Software has resulted from accidentSOLE BASIS OF WARRANTY LIABILITY for SYMON, abuseits resellers and licensors. BECAUSE OF THE RIGHTS SYMON EXPRESSLY GRANTS YOU IN THIS CONTRACT, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA AGREE THAT SYMON MAKES NO WARRANTY AS TO ITS USE OTHER WARRANTY, CONDITION, REPRESENTATION OR PERFORMANCEPROMISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, SYMON HEREBY DISCLAIMS AND ITS SUPPLIERS AND RESELLERS, DISCLAIM NEGATES ALL OTHER WARRANTIES EXPRESS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SYMON DOES NOT WARRANT THAT THE PRODUCT WILL SATISFY YOUR REQUIREMENTS, THAT IT IS WITHOUT DEFECT OR ERROR, THAT ITS OPERATION WILL BE UNINTERRUPTED, OR THAT IT WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE AND HARDWARE USED BY YOU. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT WILL SYMON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF THAT PURPOSE SYMON HAS BEEN NOTIFIED BY YOU TO SAXONICAADVISED OF THE POSSILITY OF SUCH DAMAGES. IN ANY EVENT, TITLESYMON’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF THIS CONTRACT, AND NON-INFRINGEMENTDIRECTLY OR INDIRECTLY, WITH REGARD IS LIMITED TO THE SOFTWARE, AND PRICE PAID FOR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTLICENSE(S).

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree The Supplier warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by each Product sold under this Agreement. If You have paid a license fee Contract, for the Software, then for a [***] period of ninety (90) days from the date of commencing upon LDR MEDICAL’s receipt of the SoftwareProduct, Saxonica warrants shall comply with the Software against any defects resulting from the electronic transmission process, applicable Specifications and any Software media supplied by Saxonica will shall be free from defects in materials material and workmanship. Saxonica'sNotwithstanding anything to the contrary stipulated in this Contract, the Supplier’s warranty such as supplied in this Contract shall be null if any repair, amendment, modification or work has been carried out on the aforementioned Product or insofar as any alleged defect is the result of misuse, improper use, incorrect storage or maintenance, an accident, action or inaction by any party other than the Supplier. The Supplier shall not be liable for (a) the quality or condition of any material supplied by or through LDR MEDICAL or (b) any defect insofar as it is due to usage that does not comply with the applicable instructions. Subject to the foregoing, if a Product is not as it is guaranteed to be, and its suppliers' LDR MEDICAL notifies the Supplier in writing and resellers'returns this Product to the Supplier within a period of sixty (60) days following the discovery of the defect by LDR MEDICAL, entire liability the Supplier shall choose to either quickly repair or replace the defective Product or it shall reimburse the Product’s purchase price. Before returning a Product to the Supplier, LDR MEDICAL must contact the Supplier and Your the Supplier must provide LDR MEDICAL with a RMA number. LDR MEDICAL may only return the approved items and quantities through the RMA. Any Product that is repaired or replaced shall be sent back to LDR MEDICAL and the Supplier alone shall bear the costs. Such exclusive remedy shall be, at Saxonica's option, either (i) return of not be deemed to have failed in fulfilling its essential purpose as long as the price paid, or (ii) Supplier shall be willing and able to repair or replacement of replace a defective Product or to reimburse the Software that does not meet Saxonica's Limited Warrantypurchase price as indicated. This Limited Warranty is void if failure of the Software has resulted from accidentTHE REPAIR OR REPLACEMENT OF THE PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE SUCH AS IS PROVIDED FOR UNDER THIS LIMITED WARRANTY, abuse, or misapplicationIS THE EXCLUSIVE REMEDY FOR LDR MEDICAL. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES IN THIS CLAUSE REPLACE ANY OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDIMPLICIT, MANDATORY OR OTHER WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPURPOSE.

Appears in 1 contract

Samples: LDR Holding Corp

Limited Warranty. Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct anymaterial non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at or by calling at 844.584.2329. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you acknowledge and agree that you have evaluated the JuiceBox, the JuiceNet Software, and the JuiceNet user interfaces are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by JuiceNet user interfaces being used in accordance with this Agreement. If You have paid a license fee for , the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processapplicable product and service descriptions, and any Software media supplied other instructions provided by Saxonica will be free from defects in materials Enel X; and workmanship(b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. Saxonica'sOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, and its suppliers' and resellers'JUICEBOX, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE JUICENET SOFTWARE IS DELIVERED TO YOU "AND JUICENET USER INTERFACES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAVAILABLE, SAXONICA, AND ENEL X AND ITS SUPPLIERS AND RESELLERSLICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWRITTEN OR ORAL, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGWITH RESPECT TO JUICEBOX, BUT NOT LIMITED TOJUICENET SOFTWARE OR JUICENET USER INTERFACES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEOR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, AND NON-INFRINGEMENTOR ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH REGARD IN EACH CASE, TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED FULLEST EXTENT PERMITTED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAPPLICABLE LAW.

Appears in 1 contract

Samples: Participation Agreement

Limited Warranty. You may obtain without payment a license to evaluate Pragma Systems MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ITS QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. THE SOFTWARE IS LICENSED AND DELIVERED “AS IS". Pragma Systems warrants that the Software disk on which the product is recorded is free from defects in materials and workmanship under normal use and service for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety sixty (9030) days from the date of receipt delivery as evidenced by a copy of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshippurchase receipt or invoice. Saxonica's, and Pragma Systems or its suppliers' and resellers', Dealers’ entire liability and Your your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or be replacement of the Software that does not meet Saxonica's Limited Warrantydisk which is returned to Pragma Systems with a copy of your receipt or invoice. This Limited Warranty is void if If failure of the Software disk has resulted from accident, abuse, or misapplication, then Pragma Systems shall have no responsibility to replace the disk. Any replacement Pragma Systems does not warrant that the Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEis error free. TO THE MAXIMUM FULL EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIN NO EVENT SHALL Pragma Systems NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF the Software BE LIABLE FOR ANY LOSS, INCLUDING TIME, MONEY, GOODWILL AND SPECIAL OR CONSEQUENTIAL OR DIRECT, INCIDENTAL OR INDIRECT DAMAGES, WHICH MAY ARISE FROM THE PRODUCT OR ITS SUPPLIERS AND RESELLERSUSE, DISCLAIM ALL OTHER OPERATION OR MODIFICATION EVEN IF Pragma Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the exclusion or limitation of implied warranties or limitations of liability, so the above limitation may not apply to you). THE ABOVE ARE THE ONLY WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF USE OR PURPOSE, THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBY Pragma Systems CONCERNING THIS SOFTWARE OR THE DOCUMENTATION. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pragma Systems, ITS RESELLERS, DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR ADD TO THIS WARRANTY.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate a.) XxXxxxxxx warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will Goods shall be free from defects in materials material and workmanshipworkmanship attributable to XxXxxxxxx. Saxonica'sExcept for warranty of title, and its suppliers' and resellers'THERE ARE NO OTHER WARRANTIES, entire liability and Your exclusive remedy shall beREPRESENTATIONS, at Saxonica's optionGUARANTEEES, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR OR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. LIKE WITH REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GOODS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-OR INFRINGEMENT, WITH REGARD TO THE SOFTWAREWHETHER ARISING BY LAW, AND THE PROVISION COURSE OF DEALING OR FAILURE TO PROVIDE SUPPORT SERVICESPERFORMANCE, USAGE OF TRADE OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSAny defect must be claimed in writing within the limited warranty period set out in Appendix 1, unless otherwise specified in the Contract. YOU MAY HAVE OTHERS. Purchaser shall assume all responsibility and expense for removal, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONreinstallation, and spare and wear freight in connection with replacement parts furnished by XxXxxxxxx. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAMcCloskey’s liability under this warranty shall be limited to, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSat its choice, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial limited warranty period. Repair work shall be performed at the location determined by XxXxxxxxx. Title to any replaced Goods shall revert to XxXxxxxxx. If, after a reasonable number of repeated efforts, XxXxxxxxx determines that it is unable to repair or replace a defective Good or part, Purchaser shall, at Purchaser's option, return the Good (or part thereof, if such does not materially impair the value of the remaining Good) to XxXxxxxxx at Purchaser’s expense and XxXxxxxxx shall return the applicable purchase price as Purchaser's entire and exclusive remedy. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches, (iv) any service, modification or replacement of any Goods by an unauthorized repairer or without XxXxxxxxx’x prior written consent,

Appears in 1 contract

Samples: mccloskeyinternational.com

Limited Warranty. You may obtain without payment a license Seller warrants to evaluate Customer that the Software Goods and are free from material defects in material. EXCEPT FOR THE PRECEDING WARRANTY, SELLER MAKES NO WARRANTY WHATSOEVER, AND HEREBY EXPRESSLY DECLAIMS ANY AND ALL OTHER WARRANTIES, WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller shall not be liable for a period breach of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either warranty unless: (i) return Customer gives written notice of the price paiddefect, reasonably described, to Seller within thirty (30) days of the time when Customer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Customer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Customer's claim that the Goods are defective. Subject to the above, with respect to any such Goods, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) repair credit or replacement refund the price of such Goods at the Software that does not meet Saxonicapro rata contract rate provided that, if Seller so requests, Customer shall, at Seller's Limited Warrantyexpense, return such Goods to Seller. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT THE REMEDIES SET FORTH HEREIN SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSSET FORTH HEREIN. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.1028394-5

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. You may obtain without payment Craft Supply Co warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period contact Craft Supply Co and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Craft Supply Co to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Craft Supply Co will use reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipCRAFT SUPPLY CO DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CRAFT SUPPLY CO'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CRAFT SUPPLY CO MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CRAFT SUPPLY CO HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license OPC Foundation warrants that the Software, installation scripts, and future Updates will be provided to evaluate the Software Customer for a period of thirty daystwelve (12) months from the Effective Date. By paying Customer may extend the Update period by purchasing a license fee you agree that you have evaluated Maintenance Agreement. Customer assumes full responsibility for: (i) the Software to your satisfaction selection, download, and you agree that no refund installation of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for Software;(ii) the Software, then for a period of ninety (90) days from the date of receipt proper use of the Software, Saxonica warrants ; (iii) verifying the Software against any defects resulting results obtained from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return use of the price paid, or Software; and (iiiv) repair or replacement taking appropriate measures to prevent loss of data. OPC Foundation does not warrant that the operation of the Software will meet Customer’s requirements or that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure Customer will be able to achieve any particular results from use or Modification of the Software has resulted from accident, abuse, or misapplication. Any replacement that the Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase operate free from an authorized sourceerror. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 7 AND 8 OF THIS AGREEMENT,OPC FOUNDATION AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS,IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANYWARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSEOF DEALING. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WARRANTY THAT OPC FOUNDATION DOES NOT WARRANT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO ITS USE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER. UNDER NO CIRCUMSTANCES WILL OPC FOUNDATION BE LIABLE FOR ANY SPECIAL, INDIRECT,INCIDENTAL, EXEMPLARY OR PERFORMANCE. CONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREWHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAYRELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, SAXONICAEVEN IF OPC FOUNDATION HAS BEEN ADVISED ON THEPOSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGNOTWITHSTANDING ANY FAILURE OF ESSENTIALPURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYGOODWILL, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICALOSTPROFITS, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LOSS OF DATA OR SOFTWARE, AND WORK STOPPAGE, COMPUTER FAILURE ORMALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL OPC FOUNDATION BE LIABLE FOR THE PROVISION COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED DISCLAIMER OF WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY CONTRACTCOVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Instruments and equipment manufactured by LECO are warranted to be free from defects in material and workmanship for a license period of thirteen (13) months from the date of shipment or twelve (12) months from installation, whichever is sooner, unless otherwise stated in writing by XXXX. If the goods furnished by LECO fail to evaluate conform to LECO’s exclusive limited warranty, LECO’s sole and exclusive liability shall be (at LECO’s option), and given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Xxxxx prepaid to LECO to the Software address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided by LECO. In no event shall damages for defective goods exceed the purchase price of the goods, and LECO shall not be liable for incidental or consequential damages whatsoever. All replacement parts shall be covered under warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt purchase. Expendable items such as crucibles, combustion tubes, chemicals and items of the Softwarelike nature are not covered by this warranty. A WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, Saxonica warrants the Software against any defects resulting from the electronic transmission processCOMBUSTION TUBES, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA LECO MAKES NO WARRANTY AS WHATSOEVER WITH RESPECT TO ITS USE INSTRUMENTS, EQUIPMENT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED OTHER GOODS MANUFACTURED BY APPLICABLE LAWLECO, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY YOU LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAANY SUCH PRODUCT, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY WARRANTY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSMERCHANTABILITY, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART WARRANTY OF ANY CONTRACTFITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: eu.leco.com

Limited Warranty. You may obtain without payment a license Provider warrants that it has the power and authority to evaluate grant the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee subscription for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceServices granted to Client hereunder. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED TO YOU "SERVICES ARE PROVIDED “AS IS" ,” AND SAXONICA MAKES NO WARRANTY AS TO ITS USE PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR PERFORMANCEIMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Remedy and Liability. Client represents that it accepts sole and complete responsibility for: (a) the selection of the Services to achieve Client's intended results; (b) use of the Services; and (c) the results obtained from Services. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSINDIRECT, EITHER EXPRESS CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR IMPLIED, DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYBUSINESS PROFITS, FITNESS FOR A PARTICULAR PURPOSE BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THAT PURPOSE PROVIDER HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES. In any event, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTunder no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous three (3) months.

Appears in 1 contract

Samples: Drivetracker Software Subscription Service (Saas) Agreement

Limited Warranty. You may obtain without payment Seller warrants that the Residences Project, including all Units and Common Elements therein, will be constructed in a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction good and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, workmanlike manner and any Software media supplied by Saxonica will be free from defects in workmanship and materials and workmanshipof a material nature for a period of one (1) year after the issuance by the City of Aspen Building Department of a Certificate of Occupancy for the Residences Project (the “Limited Warranty”). Saxonica'sIn the event Buyer notifies Seller in writing of any such defects within said one (1) year period, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) Seller agrees that it will cause such defects to be remedied promptly by repair or replacement at Seller’s expense, and Xxxxx’s sole remedy against Seller in connection with any such defect (in lieu of all remedies implied by law or otherwise) shall be to require Seller to correct the Software that does not meet Saxonica's Limited Warrantydefect. This Limited Warranty is void if failure personal to Buyer, and may not be assigned by Buyer upon a sale of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEProperty. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, BUYER UNDERSTANDS AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSACKNOWLEDGES THAT SAID LIMITED WARRANTY IS THE SOLE WARRANTY, EITHER EXPRESS OR IMPLIED, BEING MADE BY SELLER (INCLUDING SELLER’S CONTRACTORS, SUBCONTRACTORS AND AGENTS) IN CONNECTION WITH THE CONSTRUCTION OF THE RESIDENCES PROJECT, AND BUYER HEREBY WAIVES AND RELEASES ANY OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF HABITABILITY, WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, QUALITY OR THE LIKE, AS TO THE REAL PROPERTY UNDERLYING THE PROJECT, THE SUBJECT UNIT, THE COMMON ELEMENTS, AND THE OTHER IMPROVEMENTS AND PERSONALTY COMPRISING THE RESIDENCES PROJECT. WITH THE EXCEPTION OF THE LIMITED WARRANTY PROVIDED ABOVE, BUYER IS PURCHASING THE PROPERTY IN AN “AS IS” PHYSICAL CONDITION AND STATE OF REPAIR, AND ANY AND ALL WARRANTIES CREATED BY STATE OR FEDERAL LAW ARE HEREBY SPECIFICALLY DISCLAIMED BY SELLER AND WAIVED AND RELEASED BY BUYER, INCLUDING ANY WARRANTIES OF HABITABILITY. WITH REGARD TO THE APPLIANCES AND ANY OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY LOCATED WITHIN OR UPON THE SUBJECT UNIT OR THE COMMON ELEMENTS, SELLER DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN PURPOSE. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT NEITHER SELLER OR ITS CONTRACTORS, SUBCONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY CLAIMS RELATING TO THE RESIDENCES PROJECT OR THE COMMON ELEMENTS ARISING MORE THAN ONE (1) YEAR AFTER THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE RESIDENCES PROJECT INVOLVING DEFECTS IN WORKMANSHIP OR MATERIALS UNLESS OTHERWISE PROVIDED IN THE LIMITED WARRANTY. IN ADDITION, BUYER WAIVES ALL RIGHTS TO BRING ANY CLAIMS FOR A DEFECT IN DESIGN OR CONSTRUCTION IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU SUCH DEFECT DOES NOT RESULT IN ANY ACTUAL DAMAGE TO SAXONICATHE SUBJECT UNIT, TITLETHE COMMON ELEMENTS, THE COMMON FURNISHINGS, OR THE FRACTIONAL OWNERSHIP UNIT FURNISHINGS. The foregoing disclaimer and waiver shall also apply to all items of tangible personal property installed in or servicing the Units and Common Elements, including without limitation any range, oven, range hood and fan, microwave, garbage disposal, dishwasher, refrigerator, washer, dryer, water heater, components of the heating system and any fire, alarm or other life-safety system, or any other appliance, fixture, piece of equipment or item which is a “consumer product”, as defined in the Xxxxxxxx-Xxxx Warranty Act, 15 U.S.C. 2301, et. seq., which consumer products are not covered by the above-described Limited Warranty and shall not otherwise be warranted by Seller. Provided, however, that Seller shall assign to Buyer and to the Association any manufacturer’s or supplier’s warranties with respect to such consumer products to the extent such warranties are assignable, and Seller shall not be responsible for the performance of any such assigned warranties. SELLER SPECIFICALLY DISCLAIMS AND BUYER SPECIFICALLY RELEASES SELLER FROM ANY LIABILITY FOR CONSEQUENTIAL DAMAGES (OTHER THAN THE REASONABLE COST OF REPAIR OR REPLACEMENT DURING THE PERIOD OF THE LIMITED WARRANTY) TO ANY PERSON OR THE SUBJECT UNIT OR THE COMMON ELEMENTS OR ANY OTHER REAL OR PERSONAL PROPERTY RESULTING FROM AN ALLEGED CONSTRUCTION DEFECT. ADDITIONALLY, SELLER SPECIFICALLY DISCLAIMS AND BUYER SPECIFICALLY RELEASES SELLER FROM ANY LIABILITY FOR PUNITIVE DAMAGES ARISING IN CONNECTION WITH OR RELATED IN ANY MANNER TO ANY ALLEGED CONSTRUCTION DEFECT. THE FOREGOING DISCLAIMERS, WAIVERS AND RELEASES, AND NON-INFRINGEMENTALL OTHER PROVISIONS OF THIS ADDENDUM PARAGRAPH 5, WITH REGARD TO SHALL SURVIVE THE SOFTWARE, AND THE PROVISION CLOSING OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: Buy and Sell Real Estate

Limited Warranty. You may obtain without Seller provides a limited warranty for goods shipped pursuant to an order. Seller’s warranty terms are set forth in a separate warranty certificate available upon request. Seller’s warranty will be void if full payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period goods is not received within the agreed upon terms of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationsale. Any replacement Software will verbal representations intended to modify any existing warranty shall be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceinvalid and unenforceable against Seller. EXCEPT FOR THE FOREGOINGEXPRESS WARRANTY DESCRIBED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES THERE ARE NO WARRANTY AS TO ITS USE EXPRESS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER IMPLIED WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED THERE ARE NO WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF WITH RESPECT TO THE GOODS OR ANY PART OF COMPONENT THEREOF AND NO WARRANTY SHALL BE IMPLIED BY OPERATION OF LAW OR OTHERWISE. BUYER ASSUMES FULL RESPONSIBILITY THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLETHE MATERIALS PURCHASED UNDER THE AGREEMENT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND NONSELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE SET FORTH HEREIN. XXXXX UNDERSTANDS AND AGREES THAT XXXXX’S FAILURE TO ADHERE TO THIRD-INFRINGEMENT, WITH REGARD PARTY HARDWARE VENDOR RECOMMENDATIONS RELATED TO THE SOFTWARE, GOODS VOIDS ANY AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ALL WARRANTIES OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSSELLER. Seller's liability on all claims of any kind, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTwhether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from the Goods or the Contract between Seller and Buyer, will in no case exceed the price allocable to the specific Good that gives rise to the claim. The remedies contained in this Warranty constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under this Contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential, or special damages, including, without limitation, lost revenues, profits, or recall expenses. No variation or change from this Warranty will be binding upon Seller unless made in writing and signed by an officer of Seller. Unless otherwise specifically provided on the quotation or invoice, the Agreement does not include any services of Seller in connection with installation, testing, or evaluation of the Materials. The sole remedy of Buyer in connection with any acts or omissions of Seller in the provision of technical support will be the provision of further technical support to Buyer reasonably required to correct the act or omission.

Appears in 1 contract

Samples: glassandmetalcraft.com

Limited Warranty. You may obtain without payment a license to evaluate For the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of your receipt of the Software, Saxonica SilverStream warrants that the Software, when properly used, will operate in all material respects in conformity with its Documentation, and the Software against any defects resulting from the electronic transmission process, media shall be free of defects. SilverStream warrants that Software telephone support and any Software media supplied by Saxonica training services ("Related Service(s)") will be free from defects performed by qualified personnel in materials a professional manner. In the event of non-conforming Software or Related Service(s), or if the media is defective, your sole remedy and workmanship. Saxonica's, and its suppliers' and resellers', entire SilverStream's exclusive liability and Your exclusive remedy shall be, as applicable and at SaxonicaSilverStream's option, either (i) return of the price paid, or (ii) repair or replacement of the affected Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure or media, or re-performance of the Software has resulted from accident, abuseRelated Service(s) at no additional charge, or misapplicationa refund of the fees paid for the affected Software or Related Service(s). Any replacement Software will be warranted for an additional ninety (90) daysSome jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE EVALUATION SOFTWARE IS DELIVERED AND ANY THIRD PARTY SOFTWARE ARE PROVIDED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE WITHOUT ANY WARRANTY, EXPRESS OR PERFORMANCEIMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM SILVERSTREAM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEPURPOSE, AND NON-INFRINGEMENTWHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH REGARD RESPECT TO THE SOFTWARE, AND ITS DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE PROVISION SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF SOFTWARE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSRELATED SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION ACKNOWLEDGE YOUR RESPONSIBILITY TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING (I) REGULARLY BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM USING THE CONFORMANCE SOFTWARE AND (II) ADEQUATELY TEST PRIOR TO DEPLOYMENT EACH PRODUCTION VERSION OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSSOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED DEPLOYMENT OR PRODUCTION ENVIRONMENT. This limited warranty gives you specific legal rights. You may have other rights that vary among jurisdictions. Some jurisdictions do not allow the exclusion of implied conditions or warranties, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTstatutory or otherwise, so the above exclusions may not apply to you.

Appears in 1 contract

Samples: Business Partner Agreement (Silverstream Software Inc)

Limited Warranty. You may obtain without payment Seller warrants that parts will be made in a license to evaluate workmanlike manner and in accordance with the Software for a period quality standards defined in this agreement. Customer will notify Seller in writing of any parts which were not made in accordance with this warranty within thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processafter their delivery, and any Software media supplied by Saxonica will if Customer should fail to give such notification, claims for breach of warranty, if any, shall be free from defects waived. Except in materials and workmanship. Saxonica'sthe case of conversion work, and its suppliers' and resellers', entire liability and Your exclusive remedy shall beSeller will, at Saxonica's its own expense and option, either repair or replace the parts which Seller determines not to be in conformance with this warranty, provided that Customer has notified Seller in writing of any such defect within the stated thirty (i30) return day period. SELLER’S OBLIGATION HEREUNDER IS EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PARTS WITHOUT COST TO CUSTOMER, OR AT SELLER’S OPTION, THE REPAYMENT OF THE PURCHASE PRICE UPON RETURN OF THE PARTS, AND SHALL NOT INCLUDE CLAIMS FOR DEFECTS ARISING FROM NEGLIGENCE, RECOVERY UNDER TORT OR STRICT LIABILITY LAW, CLAIMS BASED ON DEFECTIVE TRADE PRACTICES, EXPENSES OF CUSTOMER RESULTING FROM DEFECTS, LOSS OF USE, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND. Customer’s sole and exclusive remedy will be limited to such repair, replacement or return. Customer agrees to indemnify Seller from all liability arising from Customer’s faulty or improper design of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warrantypart. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSParts may be returned at the expense of Seller only after inspection by a Seller representative and upon receipt by Customer of definite shipping instructions and an authorization identification number. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTSuch returns shall be deducted from the total quantity shipped and replacements will be shipped against the original order.

Appears in 1 contract

Samples: www.pressforge.com

Limited Warranty. You may obtain without payment a license to evaluate THE NEXT PHASE warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically in its browser version, iOS mobile app version, or Android mobile app version, if provided by this Agreement. If You have paid a license fee for the SoftwareTHE NEXT PHASE, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is free from defects in materials material and workmanship. Saxonica'sTHE NEXT PHASE’s sole liability, and its suppliers' and resellers'your sole remedy, entire liability and Your exclusive remedy for any breach of this warranty shall be, at Saxonica's option, either in THE NEXT PHASE’s sole discretion: (i) return of to repair the price paiddefective Software provided via the browser version, the iOS mobile app version, or the Android mobile app version ; or (ii) repair or replacement if the above remedy is impracticable, to refund the License fee you paid for the subscription of the Software during that does not meet Saxonica's Limited Warrantyperiod of time it was defective. This Limited Warranty is void Repaired Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software. Only if failure you inform THE NEXT PHASE of your problem with the Software during the applicable warranty period and provide evidence of the Software has resulted from accident, abuse, or misapplication. Any replacement date you subscribed to use the Software will THE NEXT PHASE be warranted for an additional ninety (90) daysobligated to honor this warranty. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE NEXT PHASE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA NEXT PHASE MAKES NO WARRANTY AS TO ITS USE OTHER WARRANTY, REPRESENTATION, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONDITION, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEPURPOSE, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, WITH REGARD INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE SOFTWAREABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, AND SO LIMITATIONS MAY NOT APPLY TO YOU. NO THE PROVISION OF NEXT PHASE AGENT OR FAILURE SALES REPRESENTATIVE IS AUTHORIZED TO PROVIDE SUPPORT SERVICESMAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software in its iOS version or Android version by you during the warranty period; if the Software is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of the hardware and software with which the Software was designed to be used. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY HAVE OTHERS, WHICH OTHER LEGAL RIGHTS THAT VARY FROM STATE/JURISDICTION STATE TO STATE/STATE OR BY JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: Software License Subscription Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Xxxxxxxx-Medisize warrants that: (a) standard and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media custom products supplied by Saxonica will hereunder shall be free from defects in materials or workmanship appearing within a period of one year from delivery, (b) services supplied hereunder shall be performed in a professional manor and workmanship. Saxonica'scomply with applicable industry standards, (c) production tooling supplied hereunder shall be free from defects in material or workmanship and be capable of producing the number of units detailed in Xxxxxxxx-Medisize's proposal provided such tools are used and maintained exclusively by Xxxxxxxx- Medisize at Xxxxxxxx-Medisize's facilities, and (d) engineering samples, models, and prototypes shall be built from sound materials and conform to workmanship standards typical for such samples, models, or prototypes. Should the services, products, or production tools supplied hereunder fail to conform to the above stated limited warranty, Xxxxxxxx-Medisize in its suppliers' and resellers'sole discretion shall repair, entire liability and Your replace, or refund the purchase price of the non-conforming services, products, or tools. This remedy shall be Customer's exclusive remedy for Xxxxxxxx-Medisize's breach of warranty. Customer shall begive Xxxxxxxx-Medisize written notice of any alleged non-conformance within ten days (10) after discovery by Customer. Upon request, at SaxonicaCustomer shall return the allegedly non-conforming item, F.O.B. Xxxxxxxx-Medisize's optionfacility, either (i) return of the price paidtransportation charges prepaid. No warranty hereunder shall be assignable or transferable by Customer, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warrantyshall inure to any third party. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" FOREGOING LIMITED WARRANTY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, TORT LIABILITY AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOR RIGHTS OF REJECTION, EITHER EXPRESS OR IMPLIEDIMPLIED BY LAW, EQUITY, CONTRACT, CUSTOM, USAGE, OR COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. XXXXXXXX- MEDISIZE SHALL NOT BE LIABLE TO SAXONICACUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, TITLEINCIDENTAL, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTCONTINGENT DAMAGES WHATSOEVER.

Appears in 1 contract

Samples: www.phillipsmedisize.com

Limited Warranty. You may obtain without payment a license to evaluate Objectif Lune warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction media will be free from defects in materials and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwareworkmanship, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants its purchase. You must report all errors and return the Software against any defects resulting from to the electronic transmission process, and any Software media supplied by Saxonica will location where you bought it with a copy of your receipt within such period to be free from defects in materials and workmanshipeligible for warranty service. Saxonica's, Objectif Lune's and its suppliers' and resellers', entire liability and Your the exclusive remedy shall be, at SaxonicaObjectif Lune's sole option, either (ia) return of the price paid, or (iib) repair or replacement of the Software that if it does not meet SaxonicaObjectif Lune's Limited WarrantyWarranty and if returned to Objectif Lune with a copy of your receipt. No warranty is given by Objectif Lune for and in the name of any of its suppliers. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE OBJECTIF LUNE CUSTOMER CARE DEPARTMENT AND PREVIOUSLY OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted media results from accident, abuse, abuse or misapplication. Any replacement of the Software media will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither Outside Canada, neither these remedies nor any product support services offered by Saxonica Objectif Lune are available without proof of purchase from an a duly authorized non-Canadian source. EXCEPT OBJECTIF LUNE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS LICENSE AGREEMENT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE FOREGOINGOBJECTIF LUNE'S BREACH OF WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AS TO MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. For further warranty information, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESyou may contact your nearest Objectif Lune representative. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTContact information can be found at xxx.xxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. You may obtain without payment a license Except as expressly set forth in, and subject to evaluate the Software terms of, this Paragraph 6 and Paragraph 7 hereof, IT IS AGREED THAT NO EXPRESS WARRANTY RELATING TO GOODS SOLD NOR FITNESS FOR PURPOSE PURSUANT HERETO IS MADE BY SELLER HEREUNDER. Seller hereby warrants that the goods sold pursuant hereto (a) shall for a period of thirty daysone year from the date of shipment to Buyer be free from defects in manufacturing, processing, assembly and workmanship, to the extent such manufacturing, processing, assembly workmanship was performed by Seller; (b) at the time of shipment substantially conformed to the specifications, if any, set forth, or previously delivered to and accepted by Seller, (the “Specifications”); and (c) are free of liens, security interests and other encumbrances existing in favor of others created by Seller. By paying a license fee you agree that you have evaluated the Software to your satisfaction Buyer shall give Seller, as soon as is reasonably possible and you agree that in no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety event later than ten (9010) days from the date of receipt delivery, written notice of all respects in which Buyer claims the goods to be non-conforming or at variance with Specifications, and Buyer shall afford Seller a reasonable opportunity to inspect the goods after any such notice has been given. Seller shall have the right to require the return of goods to establish the claim, however, no goods shall be returned without Seller’s consent. Buyer shall accept minor variations in dimensions or other variance from Specifications so long as there is no impairment of function or useful life of the Softwaregoods sold pursuant thereto. Any claims under the limited warranty of Seller set forth in this Paragraph 6 shall be limited to the repair or replacement, Saxonica warrants the Software against any as elected by Seller, of defective or nonconforming goods, provided Seller is notified in writing by Buyer of such defects resulting or nonconformity as set forth above in this Paragraph 6, but in no event later than one year from the electronic transmission processdate such goods are shipped to Buyer. Seller’s obligation to repair or replace defective or nonconforming goods, as stated in this Paragraph 6, shall constitute Buyer’s sole and exclusive remedy, and the limit of Seller’s liability, for failure of the goods to conform to the limited warranty hereunder. Buyer irrevocably waives all other remedies against Seller, whether provided by law, in equity or otherwise. If any goods have been damaged or subjected to misuse, neglect, improper operation, storage, or handling, accident or alteration after it has left the possession of the Seller, this limited warranty shall be void with respect to those goods. This limited warranty shall not apply to any goods which must be replaced or fail because of a buyer’s or user’s negligence or misuse or which have been modified in any way by a buyer or user without the express prior written authorization of Seller. Unless otherwise expressly agreed to in writing by Seller, the duration of any of this limited warranty shall not be extended, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'srepair, replacement, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) time necessary to repair or replacement replace any goods, shall not extend any time period of the Software that does not meet Saxonica's Limited Warrantyany warranty. This Limited Warranty is limited warranty shall be void if failure of invoice payment is delinquent and not paid within the Software has resulted from accident, abuse, or misapplicationpayment terms. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WIHTOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU WITH REPSECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF ANY GOODS SOLD OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDELIVERED PURSUANT HERETO.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. You may obtain without payment a license to evaluate TRUMPF TR warrants that (a) the Software for a period of thirty days. By paying a license fee you agree that you have evaluated will perform substantially in accordance with the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then accompanying written materials for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants Software (the Software against any defects resulting from the electronic transmission process“Warranty Period”), and (b) any Software media supplied warranty services provided by Saxonica TRUMPF TR shall be substantially as described in applicable written materials provided to you by TRUMPF TR, and TRUMPF TR support engineers will be free from defects in materials make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, any and workmanshipall warranties are limited to the Warranty Period. Saxonica's, TRUMPF TR’s and its suppliers' ’ entire liability, and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's TRUMPF TR’s option, either (i) return of the price paidpaid for the Software, if any, or (iib) repair or replacement of the Software that does not meet Saxonica's this Limited Warranty. This Limited Warranty is void if failure Licensee (or any entity other than Licensor) modifies the Software or any of the Open Source Components or uses the Software has resulted from accident, abusein any hardware environment other than according to directions provided by Licensor, or misapplicationin any way not permitted by this XXXX. Any replacement Software software will be warranted for an additional ninety (90) the remainder of the original warranty or thirty days, whoever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceAll warranty claims must be made within the Warranty Period. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEDISCLAIMER OF OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND TRUMPF TRAND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDORIMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, INFRINGEMENT WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You The Ancillary Products may obtain without payment a license to evaluate be “New” or “Used” Ancillary Products. In the Software for a period event of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund any defect, Lessee shall notify Lessor within two (2) days of the license fee is occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareAncillary Products. In any event, then for a period the liability of ninety (90) days from Lessor shall be limited solely to the date repair of receipt of defects in, or, the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyAncillary Products at Lessor’s sole option. This Limited Warranty is void if failure Lessor shall have no liability for the repair of any defect or condition resulting from: Lessee’s relocation of the Software has resulted from accidentAncillary Products; utilities connection; alteration of the Ancillary Products; use of the Ancillary Products for a purpose for which it was not intended; failure to comply with the requirements of Section 6, abusevandalism; misuse of the Ancillary Products; excessive wear and tear, or misapplicationfailure to provide notice to Lessor of needed repairs or maintenance. Any replacement Software will be warranted for an The repair of the Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional ninety (90) dayscharges to Lessee. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" LESSOR DISCLAIMS ANY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED RELATED TO THE ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND NON-INFRINGEMENT, “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF USAGE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE CONDITION OF THE PRODUCT ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.WRITING BY BOTH LESSOR AND LESSEE

Appears in 1 contract

Samples: Lease Agreement

Limited Warranty. You may obtain without payment a license Riverside warrants that the Services will not infringe any valid United States copyrights existing at time the Services are made available to evaluate You, provided that this warranty does not extend to any infringement arising out of: (i) the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund use of the license fee is available except as specifically Services in combination with systems, equipment, materials, or platforms not supplied by Riverside or any use of the Services outside of the United States; (ii) Your use of the Services in violation of these Terms of Use or the user documentation provided by this AgreementRiverside; (iii) Your modification of the Services; (iv) Your failure to install or implement a released upgrade to the Services that would have avoided the infringement; or (v) any Submitted Data. If You promptly notify Riverside of any such infringement claim brought by a third party of which You have paid knowledge or notice, and accord Riverside the right, at its sole option and expense, to handle the defense of the infringement claim, Riverside will defend You against such infringement claim and pay any final judgment or settlement thereof. Notwithstanding the foregoing, Riverside will not indemnify for any infringement claim that arises out of the scenarios set forth in clauses (i)-(v) of this Section. If such an infringement claim arises, or if Riverside becomes aware of the possibility of such a license fee for the Softwareclaim, then Riverside may, at its sole discretion (a) acquire the right for You to continue to use the affected Services in accordance with these Terms, (b) furnish You with a period of ninety non-infringing replacement as soon as commercially possible, or (90c) days from the date of receipt terminate these Terms in whole or in part by refunding any pre-paid, unused fees You paid for use of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects Services. The obligations set forth in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and this Section are Your exclusive remedy shall be, at Saxonica's option, either (i) return and Riverside’s sole obligations with respect to any breach of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcethis warranty. EXCEPT FOR THE FOREGOINGAS OTHERWISE EXPRESSLY STATED IN THIS SECTION 10 (LIMITED WARRANTY), THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA RIVERSIDE MAKES NO WARRANTY AS TO ITS USE WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE. , USAGE OF TRADE, OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS INCLUDING ANY WARRANTY OF MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO PURPOSE. THE SOFTWARE, AND THE PROVISION OF SERVICES ARE PROVIDED “AS IS”. RIVERSIDE DOES NOT WARRANT OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS MAKE ANY PROMISES REGARDING THE CONFORMANCE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT SERVICES OR (II) ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY. WE DO NOT CONSTITUTE PART OF PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CONTRACTDEFECTS WILL BE CORRECTED.

Appears in 1 contract

Samples: Professional Services Agreement

Limited Warranty. You may obtain without payment AFStudio warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact AFStudio and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable AFStudio to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated AFStudio will use commercially reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipAFSTUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AFSTUDIO’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA AFSTUDIO MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL AFSTUDIO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE AFSTUDIO HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF AFSTUDIO HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that AFStudio’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment PRODUCTS SUPPLIED BY HTI ARE PROVIDED WITH ONLY THOSE WARRANTIES EXPRESSLY SET FORTH IN THE HTI WARRANTY SPECIFICATION RELEVANT TO THAT PRODUCT. Your sole remedy and Company's sole obligation for breach of this warranty will be reasonable efforts to correct any non-conformance or, if this cannot be accomplished, then Company will issue you a license to evaluate credit for, or a refund of, the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction purchase price and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have original freight paid a license fee for the Software, then for a period HTI-supplied Product. Disclaimer of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGAND YOUR SOLE AND EXCLUSIVE REMEDIES. HTI DISCLAIMS ALL OTHER WARRANTIES, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. No agent or employee of HTI or any other party is authorized to make any warranty in addition to those made in this Agreement. Limitations on Use. You agree and represent that you are buying Product for your own use or the use of your direct customer. If Product purchased under this Agreement is intended for import or export, it may be subject to import or export regulations. You accept full responsibility for and agree to comply fully with all import or export regulations, including obtaining import or export licenses. The import or export of Products may also alter or void HTI’s or manufacturer's or publisher's warranty. PRODUCTS OFFERED BY HTI ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO THE SOFTWARERESULT IN PERSONAL INJURY, AND THE PROVISION LOSS OF LIFE OR FAILURE CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT YOUR SOLE RISK. Limitation of Liability. HTI WILL NOT BE LIABLE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSFOR ANY INDIRECT, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICASPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING STATEMENTS REGARDING THE CONFORMANCE WITHOUT LIMITATION LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, ARISING UNDER THIS AGREEMENT REGARDLESS OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSFORM OF ACTION OR THEORY OF RELIEF, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART EVEN IF ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited to the purchase price of the Product. No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. HTI is not liable for any claim made by a third party or made by you for a third party. Termination. You may cancel any order for Product at no charge up to five (5) business days after order acceptance upon written notice to HTI, unless such Product has been modified or otherwise reconfigured in accordance with your order specifications. Cancellation shall not relieve your duty to pay for Products shipped, services performed or expenses incurred by HTI prior to such notice. If an order is cancelled, your sole remedy and HTI’s sole obligation will be a full or partial refund of the purchase price paid for the Product, less any direct unrecoverable costs incurred by HTI as a result of fulfilling your order. Cancellation and any refund of orders after five (5) business days from order acceptance are at the sole discretion of HTI and must be made in accordance with the policies of the manufacturer, component suppliers, publishers or other suppliers of the Product or its component parts. Governing Law and Venue. This Agreement will be governed by the laws of England and Wales without giving effect to any choice of law rules. You are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in London, United Kingdom, in any dispute arising out of or relating to this Agreement Assignment. HTI may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of HTI. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. You may obtain without payment a license to evaluate a. Corel warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, Your sole remedy in the event of a breach of this warranty will be that Corel will replace any defective media returned to Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, Your sole remedy will be that Corel shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Corel is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and to discontinue Your exclusive remedy shall be, at Saxonica's option, either (i) return use of the price paid, or (ii) repair or replacement of licensed software and terminate Your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Corel or its authorized representative; and (c) Corel receives written notice of the non-conformity within the warranty period. Any replacement This is Your sole and exclusive remedy for a breach of this limited warranty and Corel’s sole and entire liability. The foregoing excludes Software will be warranted made available by Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, COREL AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSCOREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. You Seller hereby assigns to the Buyer, to the extent it may obtain without payment a license to evaluate the Software for a period do so, any available warranty of thirty daysits Supplier. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund A copy of the license fee is Seller’s supplier or manufacturer's warranty, if available, will either be delivered to the Buyer by the Seller or made available except as specifically provided by this Agreementto the Buyer upon its request. If You have paid a license fee for the SoftwareSELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, then for a period of ninety (90) days from the date of receipt of the SoftwareEXCLUDING SERVICE, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipIS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THERE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE EXPRESSED, STATUTORILY, IMPLIED, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAOTHERWISE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS NO WARRANTY OF MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, 112362.000002 4836-6965-3453.1 SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICABUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in any of the following events, TITLEnamely: a) Whenever any Products have not been operated, AND NONstored or maintained in accordance with the manufacturer's and the Seller’s instructions; b) Whenever any Products have been handled, stored, repaired, or altered in any way, which may have impaired its safety, operation or efficiency; and c) Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-INFRINGEMENTconforming, WITH REGARD TO THE SOFTWAREthe Buyer shall pay all costs, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERShandling, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTand transportation.

Appears in 1 contract

Samples: dacint.com

Limited Warranty. You may obtain without payment a license to evaluate the Software MIC warrants that, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) 90 days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement first installation of the Software that does not meet Saxonica's Limited Warranty(the "Warranty Period"), the Software will perform substantially in accordance with the Documentation. This Limited Warranty is void if the failure of the Software has resulted from accident, abuse, abuse or misapplication. Any replacement If, during the Warranty Period, a defect appears in the Software, you may return the media on which the Software was provided to you, to MIC for a replacement, or, if so elected by MIC, refund the most recent quarterly license fee, if any, paid by you for the continuation of this Agreement. Neither MIC nor any of its Authorized Providers warrant the completeness or accuracy of any information contained in the Software, Documentation or Data, or that the use of the Software will meet your needs or that its use will be warranted for an additional ninety uninterrupted or error free. THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY MIC OR ITS AUTHORIZED PROVIDERS OF ANY WARRANTIES (90EXPRESS OR IMPLIED) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceMADE UNDER THIS AGREEMENT. EXCEPT FOR THE FOREGOINGWARRANTIES SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU LICENSED "AS IS," AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, MIC AND ITS SUPPLIERS AUTHORIZED PROVIDERS DISCLAIM ANY AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, TITLE AND NON-INFRINGEMENT. THE DATA IS PROVIDED COMPLETELY "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WITH REGARD EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO MIC DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE SOFTWAREFOREGOING WARRANTIES. Some states or countries may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESso the above limitations and exclusions may not apply to you. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSThis warranty gives you specific legal rights, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAand you may also have other rights, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTwhich vary from state to state and country to country.

Appears in 1 contract

Samples: Commander End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate WHAT IS COVERED: For one (1) year after we complete the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund installation, we will repair or replace any defective part of the license fee system without charge to you. We can use new or used parts of the same quality. WHAT IS NOT COVERED: Repair of the system is available our only duty. This warranty does not include batteries or labor associated with the replacement of batteries and other disposable items. We make no other express warranty including any warranty of merchantability of the system or its fitness for any special purchase. We do not warrant that the system or services cannot be defeated or compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident, Acts of God, your failure to properly use the system, power failures or surges, or if someone other than us attempts to repair or change the system, or any other reason except as specifically provided by a defect in the equipment or our installation. To obtain warranty service, see paragraph (4) of this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipWE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE FOREGOINGSYSTEM. DISCLAIMER OF LIABILITY; WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM OR SERVICES WILL PREVENT ANY LOSS OR INJURY DUE TO BURGLARY, HOLD UP, FIRE, OR OTHERWISE, OR THAT THE SOFTWARE IS DELIVERED TO SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH THEY ARE INTENDED. YOU "AS IS" ACKNOWLEDGE AND SAXONICA MAKES AGREE THAT: (A) WE HAVE MADE NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER WHATSOEVER, BUT NOT LIMITED TONOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, IMPLIED WARRANTIES EXPRESS OR IMPLIED; (B) YOU ASSUME ALL RISK OR LOSS OR DAMAGE TO YOUR PREMISES OR TO THE CONTENTS THEREOF; AND ASSUME ALL RISK OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU INJURY (INCLUDING PERSONAL INJURY OR DEATH) TO SAXONICA, TITLEPERSONS USING OR ON THE PREMISES. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE CENTER’S RESPONSE, AND NON-INFRINGEMENT, WITH REGARD TO WE HAVE NO CONTROL OVER THE SOFTWARE, AND THE PROVISION RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU PERSON WHO MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE BE NOTIFIED AS A RESULT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTSYSTEM OR SERVICES BEING USED.

Appears in 1 contract

Samples: Service Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software We warrant that, for a period of thirty daysone (1) year after delivery, our software will function in accordance with the accompanying documentation in all material respects. By paying a license fee you agree that you have evaluated the Software to As your satisfaction sole and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, exclusive remedy and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', our entire liability and Your exclusive remedy shall befor any breach of this limited warranty, we will repair or replace, at Saxonica's optionno additional charge to you, any of our software that fails to meet it. We also warrant that we either (i) return of the price paidown all right, title and interest to our software, or (ii) repair or replacement of have sufficient rights to grant you the Software that does not meet Saxonica's Limited Warrantylicenses provided in this agreement. This Limited Warranty is These limited warranties shall automatically become null and void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor anyone other than us modifies our software in any product support services offered by Saxonica are available without proof of purchase from an authorized sourceway. EXCEPT FOR THE FOREGOINGAS EXPRESSLY PROVIDED IN THIS SECTION, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES WE MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH OTHER WARRANTIES, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAYOUR LOCAL LAW DOES NOT ALLOW OUR EXCLUSION OF IMPLIED WARRANTIES, TITLETHEN ANY IMPLIED WARRANTIES, AND NON-INFRINGEMENTGUARANTEES, WITH REGARD TO OR CONDITIONS LAST ONLY DURING THE SOFTWARE, AND TERM OF THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU SPECIFIC LEGAL RIGHTSCAN EXERCISE ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. YOU MAY HAVE OTHERSDefense of Infringement Claims. We will defend any action brought against you to the extent that it is based upon a claim that our software infringes any patent, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONcopyright or trade secret (as defined by the United States Uniform Trade Secret Act), and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded or paid in settlement in any such action, provided that: (i) you promptly notify us in writing of the claim; (ii) you grant us sole control of the defense and settlement of the claim; and (iii) you provide us with all assistance, information and authority reasonably required for the defense and settlement of the claim, at our expense. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAIf your use of any of our software is, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSor in our opinion is likely to be, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.subject to the type of infringement claim specified above, we may, at our sole option and expense: (i) procure for you the right to continue using our software; (ii) replace or modify our software so it is non-infringing, but retains substantially the same functionality; or (iii) if neither (i) nor (ii) can be accomplished despite our reasonable efforts, then we may terminate your rights and our obligations under this agreement with respect to such software and refund to you the unamortized portion of the license fees paid for such software based on a straight-line three (3) year depreciation from the date you received the software. We will have no liability for infringement claims of any kind arising from (i) any use of our software beyond the scope of this agreement or any accompanying documentation;

Appears in 1 contract

Samples: License and Services Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "SERVICES AND PRODUCTS ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY ON AN “AS TO ITS USE OR PERFORMANCE. AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, RELATING TO THE SERVICES AND CONDITIONSPRODUCTS, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO TITLE, DATA ACCURACY, SATISFACTORY QUALITY, OR THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART ABSENCE OF ANY CONTRACTDEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY RAVE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. Rave does not warrant that the Services or Products will meet Customer’s or any Designated Institution’s requirements, that the operation thereof will be uninterrupted or error-free, or that all errors will be corrected. Without limiting the foregoing, Customer acknowledges and agrees that (i) Rave cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, (ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, and (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Customer acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, including without limitation, 911 or equivalent, fire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).

Appears in 1 contract

Samples: License and Services Agreement

Limited Warranty. You may obtain without payment a license Seller warrants that it has the right to evaluate convey good title to the Software for a period Products and that said Products shall be delivered free of thirty daysany lien or encumbrance. By paying a license fee you agree Seller further warrants that you have evaluated the Software to your satisfaction and you agree that no refund Products delivered shall meet the Buyer's specifications as expressed in Paragraph 6. In the event of any breach by Seller of this limited warranty, Seller shall within five (5) days after receiving notice from Buyer of the license fee breach, replace the nonconforming Products with conforming Products based on the requirements of this limited warranty, including all applicable transportation and inspection costs. In the event Seller is available except as specifically provided unable to provide conforming Product within the specified five (5) day period, Seller agrees to credit said purchase price and applicable transportation and insurance costs actually paid by Buyer in connection with the nonconforming Products against the outstanding invoice. All claims for breach by the Seller of this Agreement. If You have paid a license fee for the Software, then for a period of ninety limited warranty shall be waived unless Buyer notifies Seller within sixty (9060) days from the date of receipt discovery of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects said breach in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewriting. EXCEPT FOR THE FOREGOINGABOVE LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES SELLER GRANTS NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAOTHER WARRANTIES, AND ITS SUPPLIERS HEREBY DISCLAIMS AND RESELLERSNEGATES ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE PRODUCTS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY BUYER OR THIRD PARTY CLAIMS FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER FOR LOSS OF BUSINESS OR PROFITS OR OTHERWISE, EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE SELLER IS AWARE OF THE PRODUCT POSSIBILITY THEREOF. IN ANY CASE, SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART A REFUND OF ANY CONTRACTTHE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS.

Appears in 1 contract

Samples: Supply Agreement (Natural Solutions Corp)

Limited Warranty. You may obtain without payment Craft Supply Co warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact Craft Supply Co and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Craft Supply Co to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Craft Supply Co will use reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipCRAFT SUPPLY CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CRAFT SUPPLY CO’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CRAFT SUPPLY CO MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CRAFT SUPPLY CO HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate KWizCom warrants that the media on which the Software is distributed will be free from defects for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety sixty (9060) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that KWizCom will, at its option, replace any defective media returned to KWizCom within the warranty period or refund the money you paid for the Software. KWizCom does not warrant that the Software will meet Saxonica's Limited Warranty. This Limited Warranty is void if failure your requirements or that operation of the Software has resulted from accident, abuse, will be uninterrupted or misapplication. Any replacement that the Software will be warranted for an additional ninety (90) dayserror-free. Neither these remedies nor Further, KWizCom does not make any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEwarranties with respect to third party software or the integration between the Software and such third party software as well as Software’s interoperability with your hardware. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, THE ABOVE WARRANTY IS EXCLUSIVE AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS 5. Disclaimer of Damages SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL KWizCom OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THAT PURPOSE KWizCom HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL KWizCom OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTThe disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software for a period limitations of thirty days. By paying a license fee you agree Section 5, Xxxxx warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided Systems engineered by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Xxxxx will be free from defects in materials material and workmanship. Saxonica's, workmanship under normal use and its suppliers' regular service and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either maintenance for a period of one (i1) return year from the date of shipment of the price paidProducts by Seller, or (ii) repair or replacement of unless otherwise specified by Seller in writing. Products purchased by Customer from a third party for resale to Customer will carry only the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of warranty extended by the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceoriginal manufacturer. EXCEPT FOR THE FOREGOINGAS SPECIFIED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS" AND SAXONICA MAKES , WHERE-IS, WITH NO WARRANTY AS TO ITS USE OR PERFORMANCEWHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 4 AND THE WARRANTY SET FORTH IN SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY XXXXX WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, SERVICES AND ITS SUPPLIERS PARTS AND RESELLERS, DISCLAIM ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICAXXXXX IN SPECIFICATIONS, TITLEDRAWINGS OR OTHERWISE, AND NON-INFRINGEMENTWHETHER OR NOT THE PARTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY XXXXX FOR CUSTOMER’S OR ANY OTHER PERSON’S USE OR PURPOSE. This warranty does not extend to any losses or damages due to misuse, WITH REGARD TO THE SOFTWAREaccident, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESabuse, neglect, normal wear and tear, Customer’s or any other person’s negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Xxxxx, and, unless otherwise specified by Xxxxx in writing, This warranty ONLY applies to the original purchaser of the System. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSXxxxx has no duty to install, inspect, observe, advise and/or warn as to the Systems, or as to any other products or conditions located on Customer’s property or work site, at the time of sale, delivery, or otherwise. YOU MAY HAVE OTHERSTo the extent that Customer or its agents has supplied specifications, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONinformation, representation of operating conditions or other data to Xxxxx that are used in the selection or design of the Systems and the preparation of Xxxxx’x quotation, and in the event that actual operating conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein which are affected by such conditions are null and void. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAIf within thirty (30) days after Customer’s discovery of any warranty defects within the warranty period or within ten (10) days after shipment for quantity discrepancies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSCustomer notifies Xxxxx thereof in writing, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.Xxxxx shall, at its sole option, repair, correct or replace

Appears in 1 contract

Samples: www.valin.com

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