Party Products. You acknowledge that we are not the owner or manufacturer of any software and hardware sourced from third parties and forming part of the Product (Third Party Materials). Where we supply any Third Party Materials, you agree that we have no liability whatsoever for any defects or other failures in or delayed or non-supply of such Third Party Materials except as expressly set out in this Agreement. In our absolute discretion, we may notify the relevant third party of any defect or issue and request the third party to investigate. If we or you find a reproducible defect in any Third Party Materials forming part of the Product, as your sole remedy, where commercially reasonable to do so, we may exercise any rights we may have in respect of the replacement or modification of that Third Party Material, under warranties granted to us by the manufacturer of the Third Party Material (if any).
Party Products. Products manufactured by a third party (a “Third-Party Product”) may contain, be contained in, incorporated into, attached to or packaged together with the Product. Third-Party Products are not covered by the Pure Watercraft Limited Warranty. For the avoidance of doubt, Pure Watercraft makes no representations or warranties with respect to any Third-Party Product.
Party Products. To receive full support for a BMC product, you must have such product installed in a supported environment, as specified in the BMC product documentation. If a third-party vendor cancels support for one of its products (such as an operating system or subsystem), and that third-party product integrates or interacts with the BMC product you have licensed, you must upgrade to a supported version of that third-party product before BMC Customer Support can provide you with support for the affected BMC product.
Party Products. 9.1 Any Third Party Products are supplied or made available by Itecho Health to the Customer subject to the relevant licensor's standard licence terms for the applicable Third Party Product in question from time to time in force and it is a condition of this Agreement that the Customer complies at all times with the terms of any such licence terms.
Party Products. All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. STRONGBOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL STRONGBOX BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. StrongBox however is available to provide support as a measure of advise and/or consultation regarding the above mentioned products, with disclosure that it is done within reasonable and timely manners.
Party Products. You acknowledge that the Site may require the use of certain non-sublicensed third-party products in order to be operable. TOP DRIVER EXPRESSLY DISCLAIMS ALL LIABILITIES, WARRANTIES AND MAINTENANCE OBLIGATIONS ASSOCIATED WITH OR RESULTING FROM ANY THIRD-PARTY PRODUCTS, INCLUDING THE SUBLICENSED THIRD-PARTY PRODUCTS. INDEMNITY AND DEFENSE TOP DRIVER will defend you from and against any and all liability, damage, loss or expense (including reasonable attorney's fees) finally awarded against you by a court of competent jurisdiction arising out of any claim, demand, action or proceeding based on allegations that your use of the Software pursuant to the terms of this Agreement infringes any currently existing United States copyright, patent, trademark or trade secret of a third party. TOP DRIVER will have no obligation to defend you with respect to any claim, demand, action or proceeding, described herein, that is based upon (i) Software that has been modified by anyone other than TOP DRIVER; (ii) use of other than the then-current release of the Software, if infringement could have been avoided by use of the then-current release and the then-current release has been made available to you; (iii) use of the Software in conjunction with your data, where use with such data gave rise to the infringement claim; (iv) use of the Software with other software or hardware, where use of such other software or hardware gave rise to the infringement claim; (v) use of any Software in a manner inconsistent with its documentation; or (vi) use of any Software in a manner that breaches this Agreement. You will defend TOP DRIVER from and against any and all liability, damage, loss or expense (including reasonable attorney's fees) arising out of any claim, demand, action or proceeding based on allegations arising as a result of (i) use of the Software by you in conjunction with any data, equipment or software not provided by TOP DRIVER, where the Software would not itself be infringing or otherwise the subject of the claim; (ii) use of the Software by you in a manner not permitted by this Agreement; (iii) any modification to the Software not made by TOP DRIVER, including, without limitation, any claim that any modification made by you or by a third party on behalf of you results in an infringement of any copyright, patent, trademark or trade secret of a third party; (iv) use of the Software by you in any unlawful, improper or inappropriate manner or for any unlawful, improper or i...
Party Products. You acknowledge and agree that: (a) as between you and Nucleus Biologics, Nucleus Biologics owns all right, title, and interest, including all intellectual property rights, in and to the Services and other Nucleus Biologics IP and (b) with respect to Third-Party Products, the applicable third parties own all right, title, and interest, including all intellectual property rights, in and to their respective Third-Party Products. Trademarks and logos used in connection with the Services are the trademarks of Nucleus Biologics or their respective owners. User Data. We acknowledge that, as between us and you, you own all User Data. You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute and otherwise use and display and create derivative works of the User Data and perform all acts with respect to the User Data as may be necessary for Nucleus Biologics to: (a) provide the Services to you; (b) provide maintenance and support services, as applicable; (c) research, develop, enhance, and improve the performance of the Services, including, without limitation, our machine learning, artificial neural network, logical inferencing and other artificial intelligence technologies; and (d) enforce Nucleus Biologics’ rights hereunder.
Party Products. Even if we don’t normally carry a product you need, we can still get it for you through our Encompass program — the most comprehensive third-party procurement program in the industry.
Party Products. Any third-party product that we provide as identified in an applicable Service Order or that is made available in connection with the Service (e.g., a Non-Domo App) is provided pursuant to the terms of the applicable third-party agreement, and your use of any such third-party product constitutes your agreement to comply with the terms of the applicable third-party agreement. We assume no responsibility for, and specifically disclaim any liability or obligation with respect to, any third-party product.
Party Products. Company may provide connections, links or access to content, products, websites and services of Wholesalers and other third parties (“Third-Party Connections”). User should refer to the separate terms of use, privacy policies, and other rules applicable Third-Party Connections before User accesses them. Company will use reasonable efforts to maintain the connections between the Service and Third-Party Connections but does not author, edit or monitor these Third-Party Connections. User acknowledges and agrees that Company makes no guarantee and expressly disclaims any warranty and shall not be liable to User with respect to: (a) the availability of or content provided on such Third-Party Connections, nor does inclusion of any connection imply endorsement of the Third-Party Connections by Company, or vice versa; (b) third party content accessible through such Third-Party Connections; (c) any loss or damage whatsoever User may incur from dealing with any Third-Party Connection; (d) User’s dealings with any third parties found on or through the Service; and (e) interoperability of the Service with any Third-Party Connections. User bears all risk associated with the use of the Third-Party Connections, third-party services, and User’s correspondence or business dealings with businesses and advertisers other than Company found on or through the Service.
