Unintended Use. PHOENIX is not responsible for problems caused by: (a) use of the Licensed Programs outside the scope of this Agreement; (b) changes in, or modifications to, the operating characteristics of any computer hardware, software or data for which the Licensed Programs are procured which were not previously authorized in writing by PHOENIX; (c) use of the Licensed Programs with data or software of third parties or with hardware which is incompatible with the Licensed Programs; (d) changes to any component of the Designated System; or (e) accident, physical, electrical or magnetic stress, unauthorized alterations, failure of electric power, environmental controls, or causes other than ordinary use. The warranties specified in this Section 6.1 are the complete warranties between PHOENIX and LBS. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Some states do not allow exclusions of implied warranties; if the above is true, the exclusions may not apply to this Agreement. The express warranties set forth above supersede all proposals, promotions, advertisements, representations or prior warranties, verbal or written, express or implied, statutory or otherwise, and any communications between the parties relating to the subject matter of these warranties not specifically incorporated into this Agreement. No representation or statement not expressly contained in this Agreement shall be binding on PHOENIX as a warranty or otherwise.
Unintended Use. THE SOFTWARE AND SUPPORT SERVICES ARE NEITHER INTENDED NOR WARRANTED FOR USE IN EQUIPMENTS, SYSTEMS OR APPLICATIONS THAT REQUIRE EXTRAORDINARILY HIGH LEVELS OF QUALITY AND/OR RELIABILITY, AND/OR A MALFUNCTION OR FAILURE OF WHICH MAY CAUSE LOSS OF HUMAN LIFE, BODILY INJURY AND/OR SERIOUS PROPERTY DAMAGE ("UNINTENDED USE"). Unintended Use includes, without limitation, use in connection with any nuclear, military or other life critical application.
Unintended Use. This warranty only applies to Product that is used by professional converters for the defined end uses and in the combinations described in the applicable Xxxxx Graphics Product Data Sheets, Instructional Bulletins and ICS Performance Guarantee Durability Bulletin. For any other use, the user is responsible for determining the suitability of the Product, and for any and all risk or liability associated with that use or application, and the user agrees to indemnify, defend and hold harmless Xxxxx Graphics for any claims, losses, damages, judgments, expenses and/or expenses, including attorneys fees, resulting from such use or application. This warranty is expressly conditioned on the Product being processed by professional converters using only ICS Qualified Processing Materials in accordance with the OEM and Xxxxx Graphics recommended written processing instructions, and being applied to properly prepared surfaces and cleaned and maintained in accordance with recommended OEM and Xxxxx Graphics procedures. It is the converters or other users responsibility to perform incoming raw material quality inspections, to assure proper surface preparation and that approved application procedures are followed, to retain converted samples, and to immediately cease using and notify Xxxxx Graphics and/or its authorized agent or distributor of any Product, ICS Qualified Processing Materials and/or finished graphic discovered to be (or reasonably capable of being discovered to be) defective.
Unintended Use. Office 365 delivered by Xxxxxx is not intended, and should not be used, for the following purposes:
