Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 105 contracts
Sources: Merchant Agreement, Merchant Agreement, Merchant Agreement
Third Party Products. ility
12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and terYomusherebaynreldeasecNCoRnVdoyiixtfroimoanny san.d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT IS”WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 25 contracts
Sources: Merchant Agreement, Merchant Agreement, Merchant Agreement
Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and VXSSOLHU¶V WHUYoPuVhe rebDyQrelGea seFNCRRQVGoyLixWfroLmRanQy Van d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ Voyix SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS³AS-IS” WITHOUT IS´WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 14 contracts
Sources: Merchant Agreement, Merchant Agreement, Merchant Agreement
Third Party Products. ility
12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditionssuppliernd’cosndititones. You hereby rYomusherebay release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT IS”WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 13 contracts
Sources: Merchant Agreement, Merchant Agreement, Merchant Agreement
Third Party Products. i l i t y
12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and s u p p l i e r ’ s t e rYomusherebaynreldeasecNCo RnVdoyiixtfroi moany san.d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 3 contracts
Sources: Merchant Agreement, Merchant Agreement, Merchant Agreement
Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditionsVXSSOLHUnd¶coVnd itiWonHs. You hereby UYoPu Vhe rebDy release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ Voyix SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS³AS-IS” WITHOUT IS´WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 2 contracts
Sources: Merchant Agreement, Merchant Agreement
Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto1. Third-party terms and conditions Party Products are subject to change at sold“AS IS,” without warranty of any time by the supplierkind. MICROCHIPDISCLAIMS ALL WARRANTIES, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITINGCONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLYSTIPULATIONS, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES STATEMENTS, TERMS, OR UNDERTAKINGS OF ANY NATURE WITH RESPECT KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE RELATING TO ANY SUCH THE THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENINCLUDING, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RELATED TO THE IMPLIED WARRANTIES OF THEIR PERFORMANCE, CONDITION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AND NON-INFRINGEMENT OF NO WARRANTY APPLIES TO ANY THIRD-PARTY RIGHTSPRODUCT’S INTERACTION WITH MICROCHIP’S PRODUCTS, COMBINATION WITH ANY OTHER PRODUCTS, OR USE IN ANY APPLICATION.
12.2 2. Third-Party Goods soldthrough Microchip Purchasing and Client Servicesmight be coveredunder the manufacturer’s warranty providedwith those Third-Party Goods. Unless Microchip, via its websites, states otherwise for specific Third- Party Products, Customer should contact the third-party products provider directly for all support after the sale, including technical support and services warranty issues. If Customer does not receive information with the Third-Party Products to enable it to contact the third- party provider, Customer may be advertised contact Microchipand Microchip will provide Customer with the third-party provider’s contact information. For Customer to obtain technical support for any Third-Party Goods, Customer may need to purchase the applicable Third-Party Services, if available. Customerexpressly acknowledges that even if Microchipprovides any technical support for any Third-Party Product, Microchip has no obligation to modify, test, certify, or made available continue to you for purchase directly from their supplier by email support it. Without limiting the generality of the provisions in Section 9(C)(1), any technical support that Microchipor a third party providesmay not resolve any defects or other electronic communicationsissues in connection with the Third-Party Product. With respect to any Third-Party Product that is software, it is Customer’s obligation to comply with any use and distribution requirements determined by the licensor and any relatedlicense terms (including notifications made through the Service license terms for any open source or the Account Portal. Any representations or warranties free software that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliersincorporated into the software).
Appears in 1 contract
Sources: Terms and Conditions of Sale
Third Party Products. 12.1 To the extent any products manufactured by a third party (“Third- Party Products”) may be contained or incorporated in any Services, such Third-party products provided to you by NCR Voyix for use with your subscription to the Service Party Products are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time covered by the supplier, Warranty and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED are provided “AS-ISas is.” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL ORBIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, INCLUDING ANY:
(i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIEDIMPLIED BY LAW, INCLUDING COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. (d) Disclaimer. THE WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE SERVICES AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO THE TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. ORBIS MAKES NO WARRANTY WITH RESPECT TO THE PACKAGING PRODUCTS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY RIGHTS.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account PortalWARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will ORBIS shall not be responsible liable for any a breach of your dealings the Warranty unless: (i) Purchaser gives ORBIS written notice of the defective Services, reasonably described, within five (5) days of the time when Purchaser discovers or interactions with any ought to have discovered the defect; (ii) ORBIS is given a reasonable opportunity after receiving the notice of those third-party suppliersbreach of the Warranty to determine whether the Services are defective as claimed; and (iii) ORBIS reasonably verifies Purchaser’s claim that the Services are defective.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Third Party Products. 12.1 Third-This REPAIR AGREEMENT excludes and does not apply to products manufactured by third parties (“Third Party Products”). If such third party products provided manufacturers provide a separate warranty to you by NCR Voyix for use SEMACONNECT with your subscription respect to the Service are subject to any terms provided by their supplierThird Party Product, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change SEMACONNECT may, at any time by the supplierits sole option, and you agree that your make use of such third-party products and services is governed by such supplierwarranty in connection with this REPAIR AGREEMENT. REPAIR AGREEMENT LIMITATIONS THIS REPAIR AGREEMENT IS SEMACONNECT’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITINGEXCLUSIVE OBLIGATION TO YOU, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLYNO OTHER WARRANTY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTSWRITTEN OR ORAL, WHETHER ORAL OR WRITTEN, EXPRESS IS EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THIS REPAIR AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SEMACONNECT OR DISTRIBUTOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to you. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY LAW. NO AGENT OF SEMACONNECT IS AUTHORIZED TO ALTER OR EXCEED THE REPAIR AGREEMENT OBLIGATIONS OF SEMACONNECT. SEMACONNECT SPECIFICALLY DOES NOT WARRANT THAT ANY SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE REMEDIES IN THIS REPAIR AGREEMENT ARE YOUR SOLE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTSEXCLUSIVE REMEDIES.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 1 contract
Sources: Product Repair Agreement
Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS.
12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.
Appears in 1 contract
Sources: Merchant Agreement
Third Party Products. 12.1 Third-A. HSMS distributes certain third party products provided to you by NCR Voyix for use hardware, software, supplies and/or services which Client may acquire from HSMS or elsewhere with your subscription to the Service are subject to any terms provided by their supplieror without HSMS’s help in identification, including evaluation or selection, (“Third Party Products”) including, but not limited to to, those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change Third Party Products listed at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/library/Content/legal/third-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENparty.htm HSMS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The sole warranty for Third Party Products purchased through HSMS is the warranty, if any, offered by the third party manufacturer. Client acknowledges that it may be required to enter into a license or other agreement with the manufacturer of such Third Party Products.
B. UNLESS OTHERWISE SPECIFICALLY AGREED TO IN WRITING BY HSMS, HSMS IS NOT RESPONSIBLE FOR, AND NON-INFRINGEMENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE PERFORMANCE, QUALITY OR RELIABILITY OF THIRD PARTY PRODUCTS, OR CLIENT’S CHOICE OF A PARTICULAR MANUFACTURER FROM WHICH TO PURCHASE THIRD PARTY PRODUCTS, AND NO CLAIM CLIENT MAY HAVE WITH RESPECT TO THIRD PARTY PRODUCTS PURCHASED FROM HSMS SHALL AFFECT CLIENT’S OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, CLIENT’S PAYMENT OBLIGATIONS) TO HSMS FOR THE SOFTWARE OR SUPPORT, MAINTENANCE AND OTHER SERVICES, INCLUDING PROFESSIONAL SERVICES, FURNISHED BY HSMS TO CLIENT. CLIENT ACKNOWLEDGES THAT ANY THIRD-CLAIMS IT MAY HAVE IN CONNECTION WITH THIRD PARTY RIGHTSPRODUCTS, AND ANY REMEDIES FOR SUCH CLAIMS, SHALL BE BROUGHT SOLELY AGAINST, OR SOUGHT SOLELY FROM, THE MANUFACTURERS OF SUCH THIRD PARTY PRODUCTS AND NOT HSMS.
12.2 Third-party products C. The Software may incorporate, access, or otherwise contain certain Ingenix, Inc. (“Ingenix”) products, including, without limitation, CPT codes (the “Ingenix Products”) pursuant to a license agreement between HSMS and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through Ingenix. If the Service or Software contains Ingenix Products then the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.following provisions apply:
Appears in 1 contract
Sources: End User License Agreement
Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS.
12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier or by email or other electronic communications, including notifications made through the Service or the NCR Silver Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.
Appears in 1 contract
Sources: Merchant Agreement
Third Party Products. 12.1 Third-MobileIron resells licenses to certain third party software or services as identified on the applicable Price List (“Third Party Products”), which products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in separate agreements with the exhibits attached heretoapplicable third party suppliers (“Third Party Product Terms”). Third-party terms and conditions Third Party Product Terms are subject to change available for review at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/legal/thirdpartyterms (or other URL designated by MobileIron) or, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyixif applicable, are negotiated and executed by and between the applicable third party supplier and Customer. ACCORDINGLYIf Customer purchases any Third Party Products, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.2 Third-party products Customer acknowledges and services may be advertised or made available to you for purchase agrees that it is bound by the applicable Third Party Product Terms. For purchases of Third Party Products directly from their supplier by email or MobileIron, the payment-related terms applicable to a SaaS Product shall apply equally to the Third Party Products. Except as otherwise expressly set forth in this subsection (d), this Agreement shall not apply to the Third Party Products and Customer acknowledges and agrees that MobileIron disclaims all warranties, indemnities, obligations, and other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided liabilities in connection with any Third Party Product. If support and maintenance is offered for a specific Third Party Product and Customer purchases directly from MobileIron, MobileIron’s sole and exclusive obligation is to distribute any applicable Third Party Product error correction, update, upgrade and other release provided to MobileIron for customers purchasing support and maintenance and/or to provide any first-line technical support as described in MobileIron’s published documentation for such thirdsupport and maintenance offering. IN NO EVENT SHALL MOBILEIRON’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY THIRD PARTY PRODUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE, (I) EXCEED THE AMOUNTS RECEIVED BY MOBILEIRON FOR THE APPLICABLE THIRD PARTY PRODUCT AND (II) WITH RESPECT TO THE SUPPORT AND MAINTENANCE SERVICES RELATED THERETO (IF ANY), EXCEED ANY AMOUNTS RECEIVED BY MOBILEIRON FOR THE APPLICABLE SUPPORT AND MAINTENANCE SERVICES IN THE THEN-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliersCURRENT TERM.
Appears in 1 contract
Sources: Resale Agreement (Mobile Iron, Inc.)
Third Party Products. 12.1 Third-The above Limited Warranty is exclusive of products manufactured by parties other than the manufacturer of the Station ("Third Party Products"). If such third party products provided to you by NCR Voyix for use manufacturers provide a separate warranty with your subscription respect to the Service are subject to any terms provided by their supplierThird Party Product, including but not limited to those terms and conditions set forth ACDI Energy Services will include such warranty in the exhibits attached heretopackaging of the Station. Third-party terms and conditions are subject to change at any time by the supplierTHE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITINGWRITTEN OR ORAL, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS IS EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ACDI ENERGY SERVICES OR DISTRIBUTOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to you. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. NO RESELLER OR AGENT OF ACDI ENERGY SERVICES IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF ACDI ENERGY SERVICES. ACDI ENERGY SERVICES SPECIFICALLY DOES NOT WARRANT THAT ANY SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTSEXCLUSIVE REMEDIES.
12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Appears in 1 contract
Sources: Limited Product Warranty
Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached heretohereo. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR ▇▇▇▇▇ SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS.
12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.
Appears in 1 contract
Sources: Merchant Agreement