Common use of Product Warranty Exclusions Clause in Contracts

Product Warranty Exclusions. No warranty, express or implied, shall extend to any Software or any Product which has been subjected to misuse, neglect, accident, or improper storage or installation or which has been repaired, modified, or altered by anyone other than QTI or QTI’s authorized representative, other than in the standard manufacturing process, or any Software or any Product which has not properly protected from operating conditions outside of QTI product specification PDD: 80-H3633-1. Rev. C or QTI’s product specification for the New Aircard, as applicable. In addition, unless approved in writing by QTI the warranty does not extend to any Product which is attached to or used with accessories, batteries, connectors, cabling or other items not provided or approved by QTI. Product is not specifically warranted to be appropriate for incorporation and use in any other product or for any use prohibited in the applicable Documentation. Customer hereby acknowledges and agrees that it has not relied on any representations or warranties other than those expressly set forth herein. A&R Manufacturing Services and Product Supply Agreement QTI-Gogo Confidential & Proprietary QTI hereby acknowledges that the Products will be incorporated into Customer’s products. QTI further acknowledges that Customer’s products are attached to or used with accessories, batteries, connectors, cabling or other items. QTI extends the warranty in Section 12.3 of the Agreement to such Products, so long as the Customer products, accessories, batteries, connectors, cabling or other items that such Products are attached to, used with or incorporated into properly protects such Products from operating conditions that fall outside those specified in QTI product specification PDD: 80-H3633-1. Rev. C or QTI’s product specification for the New Aircard, as applicable.

Product Warranty Exclusions. No warranty, express or implied, shall extend to any Software or any Product which has been subjected to misuse, neglect, accident, or improper storage or installation or which has been repaired, modified, or altered by anyone other than QTI QUALCOMM or QTIQUALCOMM’s authorized representative, other than in the standard manufacturing process, or any Software or any Product which has not properly protected from operating conditions outside of QTI QUALCOMM product specification PDD: 80-H3633-1. Rev. C or QTIQUALCOMM’s product specification for the New Aircard, as applicable. In addition, unless approved in writing by QTI QUALCOMM the warranty does not extend to any Product which is attached to or used with accessories, batteries, connectors, cabling or other items not provided or approved by QTIQUALCOMM. Product is not specifically warranted to be appropriate for incorporation and use in any other product or for any use prohibited in the applicable Documentation. Customer hereby acknowledges and agrees that it has not relied on any representations or warranties other than those expressly set forth herein. A&R Manufacturing Services and Product Supply Agreement QTI-Gogo Confidential & Proprietary QTI QUALCOMM hereby acknowledges that the Products will be incorporated into Customer’s products. QTI QUALCOMM further acknowledges that Customer’s products are attached to or used with accessories, batteries, connectors, cabling or other items. QTI QUALCOMM extends the warranty in Section 12.3 of the Agreement to such Products, so long as the Customer products, accessories, batteries, connectors, cabling or other items that such Products are attached to, used with or incorporated into properly protects such Products from operating conditions that fall outside those specified in QTI QUALCOMM product specification PDD: 80-H3633-1. Rev. C or QTIQUALCOMM’s product specification for the New Aircard, as applicable.”