Warranties and Limitation of Liabilities. 7.1 Provided it complies with the provisions of Article 1, 2 and 3 above, no PARTY shall be liable towards the other PARTY in the case that the WORK cannot be successfully completed.
Warranties and Limitation of Liabilities. 7.1 Provided it complies with the provisions of Section 2.4 above, no party shall be liable towards the other party in the case that the DEVELOPMENT WORK cannot be successfully completed as per Section 2.5.
Warranties and Limitation of Liabilities. PBI warrants that the software provided will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship. However, PBI cannot warrant the software from failure which is the result of accident, abuse or misapplication. PBI will replace defective media or documentation free of charge provided Licensee returns such items to PBI within 90 (ninety) days of the date of delivery. If PBI is unable to replace defective media or documentation within 90 (ninety) days following the receipt of returned materials, PBI will refund the license fee and this Agreement will terminate without further remedy. PBI provides this software on an "as is" basis and disclaims all other warranties, to the extent permitted by applicable law, both express and implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In no event shall PBI be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of this product. If Licensee is ever faced with a claim as a result of using any of the licensed tradenames or marks of PBI, PBI will indemnify and hold harmless Licensee for any such claim.
Warranties and Limitation of Liabilities. 8. DEVELOPMENT RESULTS, INFORMATION AND RIGHTS THEREUNDER 9. TERM AND TERMINATION 10. ARBITRATION
Warranties and Limitation of Liabilities. 10.1 No Party shall be liable to the other Party under this Agreement except for liability associated with Articles 4, 5, 6, 7 and 9.
Warranties and Limitation of Liabilities. 10.1 The Disclosing Party warrants that it has the right to transmit or otherwise disclose to the Receiving Party information disclosed by the Disclosing Party hereunder.
Warranties and Limitation of Liabilities. (a) Pondurance warrants that the Managed Services shall operate substantially in accordance with any applicable Service Contract. Any failure to so operate that results solely from the actions or omissions within the control of Pondurance shall be corrected by Pondurance. This Warranty shall not apply in the event where: 1) such failure results from a correction, alteration or modification of the Managed Services not provided or expressly approved by Pondurance; or 2) the use of the Managed Services in a manner not in accordance with this Agreement; 3) the Managed Services are used with software or equipment other than that for which they were designed; or 4) problems relating to or residing in (A) third party items or services with which the Managed Service are used; or (B) implementation not in accordance with Pondurance’s instructions. The correction of the non-conformity by Pondurance or a refund of the cost of six (6) months of the Managed Services shall be Client’s sole and exclusive remedies for failure to meet this warranty.
Warranties and Limitation of Liabilities. 8.1 Nothing in these Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ( ACL ) (or any liability under them) which by law may not be limited or excluded.
Warranties and Limitation of Liabilities. 6.1 TQS shall use its best commercially reasonable efforts to achieve the best result possible by making use of the latest state of science and technology known to it in the exercise of reasonable commercial diligence and of its INFORMATION and to the extent necessary, by using INFORMATION provided by Infineon. Within a warranty period of 12 months after acceptance of the DEVELOPMENT RESULTS by Infineon as per Section 2.8, above, defects which are claimed and described with reasonable specificity in writing by Infineon will be corrected immediately and free of charge by TQS. “Defects”, as used in this paragraph, shall mean any deviations from agreed-upon final specification.
Warranties and Limitation of Liabilities. Artera warrants that the Service, when used as directed, will substantially achieve the functionality described in the Documentation. Artera warrants that any Software media provided to you will be free from defects for 90 days from date of receipt. ARTERA DOES NOT, HOWEVER, WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR SECURE. ARTERA'S SOLE LIABILITY FOR BREACH OF THESE WARRANTIES IS A COMMERCIALLY REASONABLE EFFORT, IN ARTERA'S DISCRETION, TO REINSTATE THE FUNCTIONALITY OF THE SERVICE, TO REPLACE DEFECTIVE SOFTWARE OR SOFTWARE MEDIA, TO ADVISE HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY THROUGH A PROCEDURE DIFFERENT FROM THAT IN THE DOCUMENTATION OR, IF THESE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE AND TERMINATE THE SUBSCRIPTION AGREEMENT. If you use the Service in an unauthorized fashion, if you modify the Software, if the Software media is subjected to accident, abuse or improper use, or if you violate these Terms of Service or the Subscription Agreement, this warranty is void. This warranty shall not apply if the Service is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which it was designed to be used. To make a claim under this warranty, send a written description of the claim to Artera's office as shown in the heading of these Terms of Service (Attention: Warranty Service Department). If the claim relates to defective Software, send Artera the defective Software media as well (including any copies made and all Documentation accompanying the Software). You assume the risk of loss in transit for any Materials shipped to Artera. If Artera confirms the defect or warranty claim, Artera will provide you with one of the remedies set forth above. For questions on warranty claims, call Artera at 000-000-0000. THIS IS A LIMITED WARRANTY. IT IS THE ONLY WARRANTY MADE BY ARTERA, AND ARTERA MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE OR THE MATERIALS. NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA IS AUTHORIZED TO MODIFY THIS WARRANTY AND NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA SHALL HAVE ANY LIABILITY TO YOU FOR THE FUNCTIONALITY OR PERFORMANCE OF THE SERVICE OR THE SOFTWARE OR FOR ANY WARRANTIES OR BREACHES UNDER THE SUBSCRIPTION AGREEMENT OR THESE TERMS OF SERVICE. IN NO EVENT SHALL ARTERA OR ANY LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE SERVICE SUBSCRIPTION FEES PA...
