Common use of Warranties and Limitations Clause in Contracts

Warranties and Limitations. (a) OccuLogix warrants that at the time it delivers the Pumps to Purchaser, and after any maintenance or repairs performed on the Pumps by OccuLogix or its agents, that the Pumps will be in proper working order in accordance with the manufacturer's specifications. Except as set forth in the preceding sentence, OccuLogix makes no warranties, express or implied with respect to the Pumps. All products shall operate and perform in accordance with the manufacturer's specifications as provided by OccuLogix to the Purchaser. Other than as set forth herein, OccuLogix expressly disclaims all representations, warranties, conditions and obligations relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct or usage of trade or otherwise, including any warranty of non-infringement and any implied warranty of merchantable quality or fitness for a particular purpose. The parties expressly disclaim the application of the United Nations Convention on contracts for the international sale of goods. At all times during the term of this Agreement while the Purchaser is in possession of the Products, the Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturer's warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the term of this Agreement by OccuLogix, including manufacturer's one-year parts and labor warranty of the Pumps. OccuLogix shall provide the Purchaser with copies of the manufacturer's warranties for each of the Products that are ordered by Purchaser or that Purchaser expresses an interest in ordering. The Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. OccuLogix covenants that it will afford the Purchaser the benefit of any warranty on the Products, if any, that it offers to any other purchaser.

Warranties and Limitations. (a) OccuLogix 4a. HURME represents and warrants that at the time it delivers the Pumps to Purchaser, and after any maintenance or repairs performed on the Pumps by OccuLogix or its agents, that the Pumps Webfonts will be in proper working order perform substantially in accordance with the manufacturer's specificationsrepresentations made herein. Except as set forth in To make a warranty claim, you must notify the preceding sentence, OccuLogix makes no warranties, express or implied source from which you obtained the Webfonts together with respect to a copy of your Order Receipt. If the Pumps. All products shall operate and Webfonts do not perform substantially in accordance with the manufacturer's specifications as provided by OccuLogix representations, the entire and exclusive liability and remedy shall be limited to the Purchaserreplacement of the Webfonts or the refund of the license fee you paid for the Webfonts, either as an authorized officer of HURME may elect. HURME and its suppliers do not and cannot warrant the performance or results you may obtain by using the Webfonts. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 4c. Other than as set forth hereinlaw, OccuLogix expressly disclaims all representationsNon-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties, conditions and obligations relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct or usage of trade or otherwise, including any warranty of non-infringement and any . Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of merchantable quality or fitness any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for a particular purposemore than thirty (30) days. The parties expressly disclaim the application of the United Nations Convention on contracts for the international sale of goods. At all times during the term terms and conditions of this Agreement while License are contractual in nature. By downloading, installing and using the Purchaser is in possession of Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the Products, the Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturer's warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the term terms and conditions of this Agreement by OccuLogix, including manufacturer's one-year parts and labor warranty of the Pumps. OccuLogix shall provide the Purchaser with copies of the manufacturer's warranties for each of the Products that are ordered by Purchaser or that Purchaser expresses an interest in ordering. The Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. OccuLogix covenants that it will afford the Purchaser the benefit of any warranty on the Products, if any, that it offers to any other purchaserLicense Agreement.

Warranties and Limitations. (a) OccuLogix The Publisher warrants to the Licensee that at to the time it delivers best of its knowledge, the Pumps Licensed Materials used as contemplated by this Agreement do not infringe the copyright or any other proprietary or intellectual property rights of any natural or legal person. While Publisher makes an effort to Purchaserensure the accuracy of content posted online, and after any maintenance Publisher does not warrant or repairs performed on guarantee the Pumps by OccuLogix accuracy or its agents, that completeness of the Pumps will be in proper working order in accordance with the manufacturer's specificationsLicensed Materials. Except as set forth in the preceding sentence, OccuLogix Publisher makes no warranties, express representation or implied warranty and expressly disclaims any liability with respect to the Pumpscontent of the Licensed Materials. All products shall operate and perform in accordance with Except for the manufacturer's specifications as provided by OccuLogix to the Purchaser. Other than as set forth express warranties stated herein, OccuLogix expressly the Licensed Materials are provided on an “as is” basis and the Publisher disclaims any and all representations, other warranties, conditions and obligations or representations (express, implied, oral or written) relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct Licensed Materials or usage of trade or otherwiseany part thereof, including any warranty and all implied warranties of non-infringement and any implied warranty quality, performance, or merchantability of merchantable quality or fitness for a particular purpose. The parties Publisher expressly disclaim disclaims any warranty that access to the application Licensed Materials online will be uninterrupted or free of errors; that defects will be corrected; or that Publisher’s Servers are free of viruses, worms, or other elements harmful to your computer system. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption or loss of profits, arising out of the United Nations Convention on contracts use or the inability to use the Licensed Materials. In no case shall Publisher's aggregate liability for any content or accessibility problems with the site exceed the amount of subscription fees paid for the international sale Licensed Materials during 12-month period preceding any claim or notice of goodsdamages. At all times during Neither party shall be liable in damages or have the term of right to terminate this Agreement while for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to uncontrollable acts of nature, government restrictions (including the Purchaser is in possession denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the Products, the Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturer's warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the term of this Agreement by OccuLogix, including manufacturer's one-year parts and labor warranty of the Pumps. OccuLogix shall provide the Purchaser with copies of the manufacturer's warranties for each of the Products that are ordered by Purchaser or that Purchaser expresses an interest in ordering. The Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. OccuLogix covenants that it will afford the Purchaser the benefit of any warranty on the Products, if any, that it offers to any other purchaserparty whose performance is affected.

Warranties and Limitations. (a) OccuLogix 4a. HURME represents and warrants that at the time it delivers the Pumps to Purchaser, and after any maintenance or repairs performed on the Pumps by OccuLogix or its agents, that the Pumps Webfonts will be in proper working order perform substantially in accordance with the manufacturer's specificationsrepresentations made herein. Except as set forth in To make a warranty claim, you must notify the preceding sentence, OccuLogix makes no warranties, express or implied source from which you obtained the Webfonts together with respect to a copy of your Order Receipt. If the Pumps. All products shall operate and Webfonts do not perform substantially in accordance with the manufacturer's specifications as provided by OccuLogix representations, the entire and exclusive liability and remedy shall be limited to the Purchaserreplacement of the Webfonts or the refund of the license fee you paid for the Webfonts, either as an authorized officer of HURME may elect. HURME and its suppliers do not and cannot warrant the performance or results you may obtain by using the Webfonts. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HURME DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 4c. Other than as set forth hereinlaw, OccuLogix expressly disclaims all representationsNon-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties, conditions and obligations relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct or usage of trade or otherwise, including any warranty of non-infringement and any . Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of merchantable quality or fitness any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for a particular purposemore than thirty (30) days. The parties expressly disclaim the application of the United Nations Convention on contracts for the international sale of goods. At all times during the term terms and conditions of this Agreement while License are contractual in nature. By downloading, installing and using the Purchaser is in possession of Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the Products, the Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturer's warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the term terms and conditions of this Agreement by OccuLogix, including manufacturer's one-year parts and labor warranty of the Pumps. OccuLogix shall provide the Purchaser with copies of the manufacturer's warranties for each of the Products that are ordered by Purchaser or that Purchaser expresses an interest in ordering. The Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. OccuLogix covenants that it will afford the Purchaser the benefit of any warranty on the Products, if any, that it offers to any other purchaserLicense Agreement.

Warranties and Limitations. (a) The Purchaser shall be liable for any damage or destruction to the OctoNova(R) Apheresis Machine furnished through OccuLogix resulting from the Purchaser's or its physicians', employees', agents' or patients' mis-use, negligence or mishandling, theft or breach of this Agreement. OccuLogix warrants that at the time it delivers installs the Pumps to Purchaser, OctoNova(R) Apheresis Machine and after any maintenance or repairs performed on the Pumps by OccuLogix or its agents, agents that the Pumps OctoNova(R) Apheresis Machine will be in proper working order in accordance with the manufacturer's specifications. Except as set forth in the preceding sentence, OccuLogix makes no warranties, express or implied with respect to the PumpsProducts. All products shall operate The Products are provided and perform in accordance with the manufacturer's specifications sold to Purchaser "as provided by is, where is" and OccuLogix to the Purchaser. Other gives no warranty or representation of any kind whatsoever other than as set forth herein, otherwise provided hereby. OccuLogix expressly disclaims all representations, warranties, conditions and obligations relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct or usage of trade or otherwise, including any warranty of non-infringement and any implied warranty of merchantable quality or fitness for a particular purpose. The parties expressly disclaim the application of the United Nations Convention on contracts for the international International sale of goods. At all times during the term Term of this Agreement while the Purchaser is in possession of the Products, the Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturer's manufacturers' warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the term Term of this the Agreement by OccuLogix, including manufacturer's one-manufacturers' one year parts and labor warranty of the PumpsOctoNova(R) Apheresis Machine. OccuLogix shall provide the Purchaser with copies of the manufacturer's warranties for each of the Products that are ordered by Purchaser or that Purchaser expresses an interest in ordering. The Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. Furthermore, notwithstanding the above limitations, OccuLogix covenants that it will afford acknowledges and agrees, at its option, to either repair, replace or refund any Kits which prove, upon examination by OccuLogix, to be defective in materials and/or workmanship. Purchaser must return the Purchaser the benefit of any warranty on the ProductsKit to OccuLogix, if any, that it offers to any other purchasertransportation charges prepaid.