Common use of WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES Clause in Contracts

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 95 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 59 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 55 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 43 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID PREPAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 22 contracts

Sources: Oracle Online Data Agreement, Oracle Online Data Agreement, Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 18 contracts

Sources: Cloud Service Agreement, Oracle Cloud Services Agreement, Cloud Service Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID PREPAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 18 contracts

Sources: Oracle Online Data Agreement, Oracle Online Data Agreement, Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 17 contracts

Sources: Controller Subscription Services Agreement, Controller Subscription Services Agreement, Controller Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 17 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT OR SERVICES PROVIDED BY SERVICES, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTIESPARTY CONTENT OR SERVICES. 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 16 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. . 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 14 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARE EXPRESSLY EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 14 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIESPARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 13 contracts

Sources: General Agreement, General Agreement, General Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 7.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a Program licensed to do so. We warrant that during the Services Period we You will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any Program warranty deficiency within one year after delivery. Oracle also warrants that technical support services and Program-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with a written notice that describes the deficiency in the Services (including, as applicable, the industry standards. You must notify Oracle of any technical support service request number notifying us or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficiency in the Services)deficient technical support service or Program-related Service Offerings. 6.2 WE DO 7.2 ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 7.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, ; OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM- RELATED SERVICE OFFERINGS; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES PROGRAM-RELATED SERVICE OFFERINGS AND WE WILL REFUND TO YOU RECOVER THE FEES YOU PAID TO ORACLE FOR THE TERMINATED SERVICES THAT YOU PREDEFICIENT PROGRAM-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONRELATED SERVICE OFFERINGS. 6.4 7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 13 contracts

Sources: Master Agreement, General Terms Agreement, Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1. Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2. ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-ERROR- FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIES. 6.3 PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 12.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 13 contracts

Sources: Oracle Cloud Services Agreement, General Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1. Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2. ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-ERROR- FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT OR SERVICES PROVIDED BY SERVICES, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTIES. 6.3 PARTY CONTENT OR SERVICES. 12.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 12 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 a. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO b. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 c. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 d. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 10 contracts

Sources: Subscription Services Agreement, Controller Subscription Services Agreement, Controller Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 7.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a Program licensed to do so. We warrant that during the Services Period we You will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any Program warranty deficiency within one year after delivery. Oracle also warrants that technical support services and Program-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with a written notice that describes the deficiency in the Services (including, as applicable, the industry standards. You must notify Oracle of any technical support service request number notifying us or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficiency in the Services)deficient technical support service or Program-related Service Offerings. 6.2 WE DO 7.2 ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 7.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, ; OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM-RELATED SERVICE OFFERINGS; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES PROGRAM-RELATED SERVICE OFFERINGS AND WE WILL REFUND TO YOU RECOVER THE FEES YOU PAID TO ORACLE FOR THE TERMINATED SERVICES THAT YOU PREDEFICIENT PROGRAM-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONRELATED SERVICE OFFERINGS. 6.4 7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 9 contracts

Sources: Ordering Document, Cooperative Contract, Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 9 contracts

Sources: Controller Subscription Services Agreement, Controller Subscription Services Agreement, Controller Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 8 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform make available the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 7 contracts

Sources: Remote Software Services Agreement, Remote Software Services Agreement, Oracle Remote Software Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 7 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services NetSuite CPQ using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 6 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARE EXPRESSLY EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 6 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1. Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2. ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-ERROR- FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 CONTENT. 12.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 6 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services NetSuite CPQ using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 6 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1. Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2. ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 CONTENT. 12.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 5 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents The parties agree that it has validly entered into the cloud Services to be rendered under this Agreement are a novel and diverse type of service and that it has in the power and authority to do socase of a deficiency in performance, application of the specific warranty provisions of the law of obligations set forth in the German Civil Code would not be in the interests of the parties. It is therefore agreed that in connection with any deficiency of performance, the following provisions shall apply exclusively. 6.2 We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If We do not warrant that the Services will be performed error-free or uninterrupted, that we will correct all Services errors, or that the Services will meet Your requirements or expectations. We are not responsible for any issues related to the performance, operation or security of the Services that arise from Your Content or Third Party Content or services provided to You were not performed as warrantedby third parties. 6.3 If a case of malperformance arises, You must promptly shall, without undue delay but at the latest within two weeks from when You first became aware of it, provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED. If You fail to notify Oracle as required by this paragraph then any claims and rights out of the respective case of malperformance, THAT WE WILL CORRECT ALL SERVICES ERRORSto the extent You could observe it, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONshall be excluded. 6.4 TO THE EXTENT NOT PROHIBITED BY LAWAfter having given notice pursuant to Section 6.3, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWAREYou shall provide Oracle with the opportunity to remedy the notified case of malperformance. If this is substantially achieved then any potential breach of duty by Oracle is deemed to have been remedied. If the case of malperformance cannot be remedied by a reasonable deadline, HARDWAREYou shall be entitled to terminate the affected order for cause with a reasonable grace period. In the case of intentional or negligent malperformance on the part of Oracle, SYSTEMSYou might have, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITYin addition to the aforementioned termination right, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEa claim for damages subject to the limitations set forth in Section 7. Any claims or rights arising from a case of malperformance shall become time-barred six months after such case was first notified or should have been notified pursuant to Section 6.3.

Appears in 5 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.TO

Appears in 5 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 5 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS9.3. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 4 contracts

Sources: Controller Subscription Services Agreement, Controller Subscription Services Agreement, Controller Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSECONDITIONS.

Appears in 3 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 7.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a Program licensed to do so. We warrant that during the Services Period we You will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any Program warranty deficiency within one year after delivery. Oracle also warrants that technical support services and Program-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with a written notice that describes the deficiency in the Services (including, as applicable, the industry standards. You must notify Oracle of any technical support service request number notifying us or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficiency in the Services)deficient technical support service or Program-related Service Offerings. 6.2 WE DO 7.2 ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 7.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, ; OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM- RELATED SERVICE OFFERINGS; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES PROGRAM-RELATED SERVICE OFFERINGS AND WE WILL REFUND TO YOU RECOVER THE FEES YOU PAID TO ORACLE FOR THE TERMINATED SERVICES THAT YOU PREDEFICIENT PROGRAM-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONRELATED SERVICE OFFERINGS. 6.4 7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle China warrants that during the Services Period we Term, Oracle will perform (i) the Services Remote Software Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE China DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE CHINA WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE CHINA FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 3 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. STATUTORY WARRANTY (RĘKOJMIA) IS EXCLUDED.

Appears in 3 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITYENVIRONMENTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 3 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES PAID FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Public Sector Agreement for Oracle Cloud Services, Public Sector Agreement for Oracle Cloud Services

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Next Technik warrants that during the Services Period we Term, (i) the Software Program will perform operate in accordance with the Services using commercially reasonable care and skill functionality set out in the online User Documentation that is part of the Software Program in all material respects as described in the Service Specificationsrespects, and (ii) Next Technik will perform any 9.2. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NEXT TECHNIK DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE NEXT TECHNIK WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE NEXT TECHNIK IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS, THE NETSUITE CLOUD SERVICE, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR NEXT TECHNIK’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE NEXT TECHNIK CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE NEXT TECHNIK WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US NEXT TECHNIK FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Software Services Agreement, Software Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this the Master Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: General Terms Agreement, Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID PREPAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWAREIMPLIED, HARDWAREARE EXPRESSLY EXCLUDED, SYSTEMSINCLUDING, NETWORKS OR ENVIRONMENTS OR WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Online Data Agreement, Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. . 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTYWARRANTY OR ANY SERVICES NOT OPERATED IN ACCORDANCE WITH SERVICE SPECIFICATIONS, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, AND WE ARE NOT LIABLE FOR SAIMU-FURIKOU SEKININ OR TANPO-SEKININ UNDER JAPANESE LAW. IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, SAIMU-FURIKOU SEKININ OR TANPO-SEKNIN.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 11.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Technical Cloud Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 11.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIESPARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 6.3 11.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES PAID FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 11.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Cloud Services Schedule, Cloud Services Schedule

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNERMANNER AND/OR REASONABLE PERIOD OF TIME, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PRE- PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES WARRANTIES, GUARANTEES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY QUALITY, USUALLY ASSUMED CHARACTERISTICS AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle China warrants that during the Services Period we Term, Oracle will perform (i) the Services Remote Software Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 9.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE CHINA WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE CHINA FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).as 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Subscription Services Agreement, Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITYENVIRONMENTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 11.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we Oracle will perform the Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 11.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOW LEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. 6.3 11.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO DLT Solutions, THE FEES FOR THE TERMINATED SERVICES THAT DLT Solutions PAID TO ORACLE FOR THE PERIOD FOLLOW ING THE EFFECTIVE DATE OF TERMINATION AND DLT Solutions WILL IN TURN REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US DLT Solutions FOR THE PERIOD FOLLOWING FOLLOW ING THE EFFECTIVE DATE OF TERMINATION. 6.4 11.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Public Sector Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARE EXPRESSLY EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 7.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a Program licensed to do so. We warrant that during the Services Period we You will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any Program warranty deficiency within one year after delivery. Oracle also warrants that technical support services and Program-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with a written notice that describes the deficiency in the Services (including, as applicable, the industry standards. You must notify Oracle of any technical support service request number notifying us or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficiency in the Services)deficient technical support service or Program-related Service Offerings. 6.2 WE DO 7.2 ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 7.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, ; OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM- RELATED SERVICE OFFERINGS; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES PROGRAM-RELATED SERVICE OFFERINGS AND WE WILL REFUND TO YOU RECOVER THE FEES YOU PAID TO ORACLE FOR THE TERMINATED SERVICES THAT YOU PREDEFICIENT PROGRAM-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONRELATED SERVICE OFFERINGS. 6.4 7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR OF MERCHANTABILITY, SATISFACTORY QUALITY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents SkillsTX warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we services will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the Service Specificationsservices policies referenced in Account Creation. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice that describes the deficiency to SkillsTX as specified in the Services (including, as applicable, Account Creation no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO ordering document. SKILLSTX DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE SKILLSTX WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT SKILLSTX DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE SKILLSTX IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, SKILLSTX WILL REMIT A SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND FEE CREDIT TO YOU THE CALCULATED AT TEN PERCENT (10%) OF NET MONTHLY FEES FOR THE TERMINATED APPLICABLE SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING MONTH IN WHICH THE EFFECTIVE DATE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWED TO SKILLSTX, AND THE REMITTANCE OF TERMINATION. 6.4 SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY, AND SKILLSTX’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITYENVIRONMENTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONSERVICES. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWAREIMPLIED, HARDWAREARE EXPRESSLY EXCLUDED, SYSTEMSINCLUDING, NETWORKS OR ENVIRONMENTS OR WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Online Data Agreement, Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 11.1. Aproove warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service SpecificationsSpecifications and/or in the Order Form, and (ii) Professional Services in a professional manner in accordance with the Service Specifications and/or the Order Form,. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Aproove that describes the deficiency in the Services (including, as applicable, the service request number notifying us Aproove of the deficiency in the Services). 6.2 WE DO 11.2. APROOVE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE APROOVE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY APROOVE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT APROOVE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. APROOVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. APROOVE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. APROOVE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT OR SERVICES PROVIDED BY SERVICES, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTIES. 6.3 PARTY CONTENT OR SERVICES. 11.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR APROOVE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE APROOVE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE APROOVE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US APROOVE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Work Management Cloud Services Agreement, Work Management Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE WARRANTY LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4. FOR THE AVOIDANCE OF DOUBT, SECTION 6.3 DOES NOT PRECLUDE THE AVAILABILITY OF SERVICE CREDITS UNDER THE ORACLE CLOUD SERVICE LEVEL AGREEMENT SET FORTH IN THE ORACLE CLOUD HOSTING AND DELIVERY POLICIES, NOR DOES IT PRECLUDE THE AVAILABILITY OF REMEDIES FOR CAUSES OTHER THAN BREACH OF THE SERVICES WARRANTY. HOWEVER, THIS SECTION 6.4 SHALL NOT BE CONSTRUED IN ANY WAY TO EXPAND THE SERVICES WARRANTY BEYOND WHAT IS EXPRESSLY PROVIDED IN SECTIONS 6.1, 6.2, 6.3 AND 6.5. FURTHER, ANY SERVICE CREDITS OR OTHER REMEDIES FOR CAUSES OTHER THAN BREACH OF THE SERVICE WARRANTY ARE ONLY AVAILABLE TO THE EXTENT THAT THE BASIS FOR CLAIMING SUCH SERVICE CREDITS OR OTHER REMEDIES IS INDEPENDENTLY SATISFIED UNDER THE RELEVANT LAWS AND/OR CONTRACTUAL PROVISIONS. 6.5. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. ORACLE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT OR SERVICES PROVIDED BY SERVICES, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTIESPARTY CONTENT OR SERVICES. 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service SpecificationsYour order. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONSERVICES. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Recon warrants (i) that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we Recon Products will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the Service SpecificationsDocumentation; and (ii) that the Recon Services will be performed in a good and workmanlike manner substantially in accordance with industry standards. If the Services provided to You were Customer for any given calendar month during the Services Term are not performed as warranted, You Customer must promptly provide us with a written notice that describes to Recon no later than five (5) business days after the deficiency last calendar day of such month or, if different, as provided in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO ordering Purchase Order. RECON DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE RECON WILL CORRECT ALL SERVICES SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT RECON DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACLITIES, OR INCLUDING WITHOUT LIMITATION, THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSMAY BE SUBJECT TO THE LIMITATION, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE IN ADDITION, DELIVERY OF THE RECON SERVICES MAY BE CONTINGENT ON THE ACCESS, SUPPORT AND COORPERATION OF CUSTOMER, WITHOUT WHICH SUCH SERVICES CANNOT BE PERFORMED. RECON IS NOT RESPONSIBLE FOR FOR, AND SPECIFICALLY DISCLAIMES LIABILITY FOR, ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS AND CONDITIONS. FOR ANY BREACH BY RECON OF THE SERVICES WARRANTYABOVE WARRANTIES WITH RESPECT TO RECON SERVICES, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION RECON WILL REMIT A SERVICE FEE CREDIT TO CUSTOMER EQUAL TO TEN PERCENT (10%) OF THE DEFICIENT SERVICES THAT CAUSED NET SERVICE FEE SET FORTH IN THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT ORDERING PURCHASE ORDER. THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE CREDIT WILL REFUND BE APPLIED ONLY TOWARD ANY ACCRUED BUT UNPAID FEES OWED TO YOU THE FEES RECON FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US RELATED SERVICES, AND REMITENCE OF SUCH CREDIT WILL REPRESENT CUSTOMER’S EXCLUSIVE REMEDY, AND FULL SATISFACTION OF RECON’S SOLE LIABILITY, FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 ALL WARRANTIES SPECIFIED IN THIS AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE THE FOREGOING WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SOFTWARE, HARDWARE, SYSTEMS, NETWORKS NETWORKS, ENVIRONMENTS OR ENVIRONMENTS SERVICES OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Terms of Service

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. STATUTORY WARRANTY (RĘKOJMIA) IS EXCLUDED.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents ABM warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we services will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the services policies referenced in the Service Specificationsordering document. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice that describes the deficiency to ABM as specified in the Services (including, as applicable, ordering document no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO ordering document. ABM DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ABM WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT ABM DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE ABM IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, ABM WILL REMIT A SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND FEE CREDIT TO YOU THE CALCULATED AT TEN PERCENT (10%) OF NET MONTHLY FEES FOR THE TERMINATED APPLICABLE SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING MONTH IN WHICH THE EFFECTIVE DATE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWED TO ABM, AND THE REMITTANCE OF TERMINATION. 6.4 SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY, AND ABM’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: End User Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Standpoint warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we services will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the services policies referenced in the Service Specificationsordering document. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice that describes the deficiency to Standpoint as specified in the Services (including, as applicable, ordering document no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO ordering document. STANDPOINT DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-ERROR- FREE OR UNINTERRUPTED, OR THAT WE STANDPOINT WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT STANDPOINT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE STANDPOINT IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, STANDPOINT WILL REMIT A SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND FEE CREDIT TO YOU THE CALCULATED AT TEN PERCENT (10%) OF NET MONTHLY FEES FOR THE TERMINATED APPLICABLE SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING MONTH IN WHICH THE EFFECTIVE DATE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWED TO STANDPOINT, AND THE REMITTANCE OF TERMINATION. 6.4 SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY, AND STANDPOINT’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Software as a Service Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we a program licensed will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable program documentation for one year after delivery. If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a manner consistent with a written notice that describes industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the deficiency services described in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO ordering document. ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE'S ENTIRE LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE RELEVANT SERVICES.

Appears in 1 contract

Sources: Oracle License and Services Agreement (World Gaming PLC)

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Processing Point warrants that the services it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill are in all material respects as described respect in accordance with the Service Specifications▇▇▇▇ and the Order. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice to Processing Point at the address listed below no later than five (5) business days after the last day of that describes particular month detailing the deficiency in the Services (including, as applicable, the service request number notifying us nature of the deficiency in the Services). 6.2 WE DO alleged breach of warranty. PROCESSING POINT DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE PROCESSING POINT WILL CORRECT ALL SERVICES SERVICE ERRORS. YOU ACKNOWLEDGE THAT PROCESSING POINT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE PROCESSING POINT IS NOT RESPONSIBLE FOR ANY ISSUES RELATED DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS AND SUCH INTERRUPTIONS DO NOT CONSIST OF A BREACH OF WARRANTY. PROCESSING POINT DOES NOT GUARANTEE THE PERFORMANCE OR RELIABILITY OF ANY PROGRAMS OR APPLICATIONS THAT ARE RUN BY THIRD PARTIES THAT CONNECT WITH AND/OR LINK TO UACCEPT. YOUR USE OF THESE THIRD PARTY APPLICATIONS OR PROGRAMS IS SUBJECT TO THE PERFORMANCE, OPERATION OR SECURITY TERMS OF THE SERVICES THAT ARISE FROM USE OF SUCH PROGRAMS AND PROCESSING POINT IS NOT LIABLE FOR YOUR CONTENT OR VIOLATION OF SUCH TERMS OF USE. PROCESSING POINT IS ALSO NOT LIABLE FOR ANY EXPORT OF YOUR DATA TO ANY THIRD PARTY CONTENT PROGRAM OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 APPLICATION. FOR ANY BREACH OF THE SERVICES ABOVE WARRANTY, PROCESSING POINT WILL REMIT A SERVICES FEE CREDIT TO YOU CALCULATED AT FIVE PERCENT (5%) OF NET MONTHLY FEES FOR THE APPLICABLE SERVICES FOR THE MONTH IN WHICH THE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARD ANY OUTSTANDING BALANCE FOR SERVICES OWED TO PROCESSING POINT, AND THE REMITTANCE OF SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY AND OUR ENTIRE PROCESSING POINT’S SOLE LIABILITY SHALL BE FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS NETWORKS, OR ENVIRONMENTS ENVIRONMENTS, OR FOR MERCHANTABILITY, SATISFACTORY QUALITY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: End User License Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this the Master Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARE EXPRESSLY EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 a. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Term, Oracle will perform (i) the Services Cloud Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO b. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 c. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 d. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. e. Additional Warranties under Australian Consumer Law Notwithstanding anything to the contrary in this Agreement, the following provisions shall apply if Customer is a consumer for the purposes of Australian Consumer Law and only to the extent the Australian Consumer Law applies to Customer: In addition to other rights and remedies Customer may have at law and under this Agreement: (a) If Customer is a consumer for the purposes of the Australian Consumer Law, the Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with Services, Customer is entitled to cancel their Service order; and to a refund for the unused portion, or to compensation for its reduced value. Customer is also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or Services does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done Customer is entitled to a refund for the Goods and to cancel the Service order and obtain a refund of any unused portion of the Service. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Services. (b) Notwithstanding clause (a) above, unless the Goods or Services were of a kind ordinarily acquired for personal, domestic or household use or consumption, Oracle’s liability for a breach of the consumer guarantees is limited (at its option) to: (i) For Services: resupply of the Services; or payment for the cost of having the Services supplied again; or

Appears in 1 contract

Sources: Controller Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents CI warrants (i) that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we CI Products will perform the Services using commercially reasonable care and skill be performed in all material respects as described in accordance with the Service Documentation referenced in the Service Specificationsordering SOS, (ii) that the CI Programs shall be maintained and available at the service levels specified in Section 8 hereof, and (iii) that the CI Services will be performed in a good and workmanlike manner substantially in accordance with industry standards. If the Services provided to You were Customer for any given calendar month during the Services Term are not performed as warranted, You Customer must promptly provide us with a written notice that describes to CI no later than five (5) business days after the deficiency last calendar day of such month or, if different, as provided in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO ordering SOS. CI DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE CI WILL CORRECT ALL SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT CI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING WITHOUT LIMITATION, THE INTERNET, AND THAT THE SERVICES ERRORSMAY BE SUBJECT TO THE LIMITATION, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IN ADDITION, DELIVERY OF THE CI SERVICES MAY BE CONTINGENT UPON THE ACCESS, SUPPORT AND COOPERATION OF CUSTOMER, WITHOUT WHICH SUCH SERVICES CANNOT BE PERFORMED. CI IS NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIMES LIABILITY FOR, ANY DELAYS, DELIVERY OR SERVICE FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS AND CONDITIONS. FOR ANY BREACH OF THE ABOVE WARRANTIES, CI WILL REMIT A SERVICE FEE CREDIT TO CUSTOMER EQUAL TO TEN PERCENT (10%) OF (A), IF FOR CI PRODUCTS, THE NET MONTHLY FEES FOR THE APPLICABLE CI PRODUCTS FOR THE MONTH IN WHICH THE BREACH OCCURRED; AND (B), IF FOR CI SERVICES, THE NET SERVICE FEE SET FORTH IN THE ORDERING SOS. THE CREDIT WILL BE APPLIED AS FOLLOWS: (X) FOR CI PRODUCTS, AT CUSTOMER’S SOLE ELECTION, (i) AS AN OFFSET AGAINST ACCRUED BUT UNPAID FEES THEN OWED TO CI, IF ANY, (ii) AS A CREDIT TOWARD RENEWAL TERM FEES, IF ANY, NEXT COMING DUE, OR (iii) AS A REFUND PAYMENT BY CI; AND (Y) FOR CI SERVICES, ONLY AS AN OFFSET TOWARD ANY ACCRUED BUT UNPAID FEES OWED TO CI FOR THE RELATED SERVICES, AND APPLICATION OR REMITTANCE, AS THE CASE MAY BE, OF SUCH CREDIT WILL REPRESENT CUSTOMER’S EXCLUSIVE REMEDY, AND FULL SATISFACTION OF CI’S SOLE LIABILITY, FOR ALL WARRANTIES SPECIFIED IN THIS AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICES, INCLUDING ANY REPORTS OR OTHER TANGIBLE OR INTANGIBLE ITEMS FURNISHED BY CI TO CUSTOMER, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND. CI MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES WILL RENDER CUSTOMER’S NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, INTRUSIONS, OR OTHER SECURITY RISKS OR BREACHES OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS DETECT, REPORT OR EXPECTATIONSNEUTRALIZE ALL SUCH MALICIOUS CODE, INTRUSIONS, SECURITY RISKS OR BREACHES. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE THE FOREGOING WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING FOR HARDWARE, SOFTWARE, HARDWARE, SYSTEMS, NETWORKS NETWORKS, ENVIRONMENTS OR ENVIRONMENTS SERVICES OR FOR MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Master Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle China warrants that during the Services Period we Term, Oracle will perform (i) the Services Remote Software Service using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE CHINA DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE CHINA WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE CHINA FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has Notwithstanding anything to the power and authority contrary, until you have obtained from K2 an applicable License Key which allows for access to do so. We warrant that during the Services Period we will perform full functionality of the Services using commercially reasonable care and skill in all material respects as described in Licensed Software (“Commercial License Key”), the Service Specifications. If the Services Licensed Software is provided to You were not performed you “as warranted, You must promptly provide us is” with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us no warranty of the deficiency in the Services). 6.2 WE DO any kind. K2 DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES LICENSED SOFTWARE WILL BE PERFORMED MEET YOUR REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE K2 WILL CORRECT ALL SERVICES ERRORS, OR THAT ERRORS IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSLICENSED SOFTWARE. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER K2 EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR OF MERCHANTABILITY, SATISFACTORY TITLE, NON- INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND K2’S ENTIRE LIABILITY, SHALL BE, AT K2’S DISCRETION, AS APPLICABLE, FOR THE LICENSED SOFTWARE, (A) THE CORRECTION OF ERRORS IN THE LICENSED SOFTWARE THAT CAUSE BREACH OF THE WARRANTY; OR (B) TERMINATION OF YOUR LICENSE FOR THE LICENSED SOFTWARE AND REFUND OF THE FEES YOU PAID TO K2 FOR THE SPECIFIC LICENSED SOFTWARE (IN THE CASE OF SUBSCRIPTIONS, SUCH REFUND SHALL BE LIMITED TO THE THEN- CURRENT SUBSCRIPTION PERIOD) AND ANY UNUSED, PREPAID TECHNICAL SUPPORT AND MAINTENANCE FEES YOU HAVE PAID FOR THE SPECIFIC LICENSED SOFTWARE; AND FOR TECHNICAL SUPPORT AND MAINTENANCE, (Y) THE REPERFORMANCE OF DEFICIENT TECHNICAL SUPPORT AND MAINTENANCE; OR (Z) TERMINATION OF THE RELEVANT TECHNICAL SUPPORT AND MAINTENANCE AND REFUND ANY UNUSED PREPAID TECHNICAL SUPPORT AND MAINTENANCE FEES YOU HAVE PAID TO K2 FOR THE DEFICIENT TECHNICAL SUPPORT AND MAINTENANCE.

Appears in 1 contract

Sources: End User License Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant CapTech warrants that during the Services Period we it will perform the Services using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOrder. If the Services provided to You Client were not performed as warranted, You Client must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO CAPTECH DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE CAPTECH WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CLIENT REQUIREMENTS OR EXPECTATIONS. WE ARE CAPTECH IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CLIENT CONTENT OR THIRD PARTY -PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CLIENT'S EXCLUSIVE REMEDY AND OUR CAPTECH'S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CAPTECH CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CLIENT MAY END THE DEFICIENT SERVICES AND WE CAPTECH WILL REFUND TO YOU CLIENT THE FEES FOR THE TERMINATED SERVICES THAT YOU CLIENT PRE-PAID TO US CAPTECH FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Terms of Service

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. . 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORA ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 5.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle through Fujitsu with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 5.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 5.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THROUGH FUJITSU, THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US ORACLE THROUGH FUJITSU FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 5.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each The provisions of this section do not apply to third party represents programs. Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a program licensed to do so. We warrant that during the Services Period we you will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable program documentation for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the services described in your purchase order. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicableyou purchase Oracle hardware, the service request number notifying us standard Oracle hardware warranty in effect at the time of the deficiency in the Services)purchase will apply. This warranty information is available at ▇▇▇▇://▇▇▇. 6.2 WE DO ▇▇▇▇▇▇.▇▇▇/support/policies.html. ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY REMEDY, AND OUR ORACLE’S ENTIRE LIABILITY LIABILITY, SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, OR, OR IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE DEFICIENCY FEES PAID FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT RELEVANT SERVICES AND WE WILL REFUND TO YOU RECOVER THE FEES PAID FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 DEFICIENT SERVICES. TO THE EXTENT NOT PROHIBITED PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: End User License Agreement (Eula)

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 10.1. DiLytics warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in a professional manner in accordance with the Service SpecificationsSpecifications applicable to Your order. If the Services provided to You were not performed as warranted, You you must promptly provide us with a written notice to DiLytics that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO 10.2. DILYTICS DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE DILYTICS WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY DILYTICS, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT DILYTICS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DILYTICS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. DILYTICS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD THIRD-PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. 6.3 10.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR DILYTICS’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE DILYTICS CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE DILYTICS WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US DILYTICS FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 10.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Master Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill a n d in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE WARRANTY LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4. FOR THE AVOIDANCE OF DOUBT, SECTION 6.3 DOES NOT PRECLUDE THE AVAILABILITY OF SERVICE CREDITS UNDER THE ORACLE CLOUD SERVICE LEVEL AGREEMENT SET FORTH IN THE ORACLE CLOUD HOSTING AND DELIVERY POLICIES, NOR DOES IT PRECLUDE THE AVAILABILITY OF REMEDIES FOR CAUSES OTHER THAN BREACH OF THE SERVICES WARRANTY. HOWEVER, THIS SECTION 6.4 SHALL NOT BE CONSTRUED IN ANY WAY TO EXPAND THE SERVICES WARRANTY BEYOND WHAT IS EXPRESSLY PROVIDED IN SECTIONS 6.1, 6.2, 6.3 AND 6.5. FURTHER, ANY SERVICE CREDITS OR OTHER REMEDIES FOR CAUSES OTHER THAN BREACH OF THE SERVICE WARRANTY ARE ONLY AVAILABLE TO THE EXTENT THAT THE BASIS FOR CLAIMING SUCH SERVICE CREDITS OR OTHER REMEDIES IS INDEPENDENTLY SATISFIED UNDER THE RELEVANT LAWS AND/OR CONTRACTUAL PROVISIONS. 6.5. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so7.1 BY USING THE SOFTWARE OR SERVICE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ENTITLED TO ENTER THIS AGREEMENT. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service SpecificationsBY USING THE SOFTWARE, DATA PRODUCTS, PLATFORM, SERVICES OR SERVICE CONTENT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, , AND/OR ARE OTHERWISE CAPABLE OF ENTERING INTO BINDING CONTRACTS. If the Services provided to You were not performed as warrantedBY USING THE SOFTWARE, You must promptly provide us with a written notice that describes the deficiency in the Services (includingDATA PRODUCTS, as applicablePLATFORM, the service request number notifying us of the deficiency in the Services). 6.2 SERVICES OR SERVICE CONTENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR PARTICIPATION IN USING THE SERVICE AND/OR SOFTWARE IS FOR YOUR OR YOUR ENTITY’S USE AS PERMITTED HEREIN. YOU MAY NOT AUTHORIZE OTHERS TO USE YOUR USER STATUS, AND YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER YOUR USER ACCOUNT TO ANY OTHER PERSON OR ENTITY. WHEN USING THE SOFTWARE, DATA PRODUCTS, PLATFORM, SERVICES OR SERVICE CONTENT YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS FROM THE COUNTRY, STATE AND CITY IN WHICH YOU ARE PRESENT. WHILE USING THE FOREGOING. 7.2SIGMA PROVIDES THE SOFTWARE, SERVICE, PLATFORM, SERVICE CONTENT, DATA PRODUCTS AND ALL OTHER ELEMENTS OF THE SERVICES “AS IS,” ‘WHERE IS, AND “AS AVAILABLE” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGMA DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, TITLE, QUIET ENJOYMENT OR PERFORMANCE. SIGMA MAKES NO WARRANTY THAT THE SOFTWARE, SERVICE, PLATFORM, SERVICE CONTENT, DATA PRODUCTS OR ANY OTHER ELEMENT OF THE SERVICE WILL BE FREE FROM DEFECTS, THAT THEY WILL MEET CUSTOMER’S NEEDS, OR THAT ANY PORTION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE SOFTWARE, PLATFORM, SERVICE CONTENT, DATA PRODUCTS AND SERVICE SHALL BE WITH CUSTOMER. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY OR ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT GUARANTEE THE AVAILABILITY OF ANY THIRD PARTY MATERIALS VIA THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CUSTOMER CONTENT OR THIRD THIRD-PARTY CONTENT MATERIALS OR SERVICES THIRD-PARTY SITES. 7.2 WHILE SIGMA BASES ITS DATA PRODUCTS ON NON-PUBLIC INFORMATION PROVIDED BY THIRD PARTIES. 6.3 FOR RATED ENTITIES AND THEIR AGENTS AND ADVISORS, AND/OR OTHER PUBLIC INFORMATION FROM SOURCES IT BELIEVES TO BE RELIABLE, SIGMA (a) DOES NOT PERFORM AN AUDIT, AND UNDERTAKES NO DUTY OF DUE DILIGENCE OR INDEPENDENT VERIFICATION, OF ANY BREACH OF THE SERVICES INFORMATION IT RECEIVES, (b) DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTYEXPRESS OR IMPLIED, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 AS TO THE EXTENT NOT PROHIBITED BY LAWACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION (WHETHER COMMUNICATED IN WRITTEN OR ORAL FORM), THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE (c) GIVES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND ACCORDINGLY, AND (D) EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO OR RESULTING FROM THE USE OF THE RATINGS BY YOU OR ANY OTHER PERSON OR THIRD PARTY. THE SERVICE CONTENT CONTAINED IN THE DATA PRODUCTS ARE NOT, AND SHOULD NOT BE DEEMED TO BE CONSTRUED AS, FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE, OF ANY NATURE WHATSOEVER. USER SHALL NOT REFER TO THE SERVICE IN A WAY WHICH DOES OR MAY IMPLY (i) THAT THE SOFTWARE, DATA PRODUCTS OR SERVICE CONTENT FORM A PART OF THE SERVICES OR PRODUCTS OFFERED TO THE USER’S CLIENTS OR PROSPECTIVE CLIENTS, OR (ii) THAT SIGMA IS RESPONSIBLE FOR THE ACCURACY OR QUALITY OF THE SOFTWARE ORSERVICES OR ANY OTHER INFORMATION OR DATA THAT USER PROVIDES TO ITS CLIENTS OR OFFERS TO THE PROSPECTIVE CLIENTS. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SIGMA SHALL NOT, AT ANY TIME, BE LIABLE ON ACCOUNT OF ANY LOSSES OR DAMAGES SUFFERED BY CUSTOMER BY VIRTUE OF (A) CUSTOMER’S APPLICATION OF THE SERVICE CONTENT OR DATA PRODUCTS TO ITS BUSINESS OR INVESTMENTS, OR (B) ANY ERRORS OR OMISSIONS IN THE SERVICE CONTENT OR ANY DELAYS OR LAG TIME IN TRANSMITTING THE SERVICE CONTENT OR DATA PRODUCTS TO CUSTOMER.

Appears in 1 contract

Sources: End User License Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this the Master Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES P A I D FOR THE TERMINATED D E F I C I E N T SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONO F T I M E D U R I N G W H I C H T H E S E R V I C E S W E R E D E F I C I E N T . 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Cooperative Contract

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so8.1. We warrant Extreme warrants that during the Services Period we Service Term Extreme will perform provide the Subscription Services using commercially reasonable care and skill in all material respects as described in consistent with the Service Specificationsdocumentation. If the Subscription Services provided to You were is not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Subscription Services (including, as applicable, the service request number notifying us of the deficiency in the Subscription Services). 6.2 WE DO 8.2. EXTREME DOES NOT WARRANT THAT (A) THE SUBSCRIPTION SERVICES WILL BE PERFORMED PROVIDED ERROR-FREE OR UNINTERRUPTED, OR THAT WE EXTREME WILL CORRECT ALL SERVICES ERRORS, ERRORS OR THAT THE SUBSCRIPTION SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE EXTREME IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUBSCRIPTION SERVICES THAT ARISE FROM YOUR CONTENT DATA OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3. FOR ANY BREACH OF THE SERVICES THIS SERVICE WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR EXTREME’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES SERVICE THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE EXTREME CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SUBSCRIPTION SERVICES AND WE EXTREME WILL REFUND TO YOU THE FEES FOR THE TERMINATED SUBSCRIPTION SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 8.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND QUALITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Extreme Cloud Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 7.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a Program licensed to do so. We warrant that during the Services Period we You will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any Program warranty deficiency within one year after delivery. Oracle also warrants that technical support services and Program-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with a written notice that describes the deficiency in the Services (including, as applicable, the industry standards. You must notify Oracle of any technical support service request number notifying us or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficiency in the Services)deficient technical support service or Program-related Service Offerings. 6.2 WE DO 7.2 ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 7.3 FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE BE: (A) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE BREACH OF THE WARRANTY, ; OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM- RELATED SERVICE OFFERINGS; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES PROGRAM-RELATED SERVICE OFFERINGS AND WE WILL REFUND TO YOU RECOVER THE FEES YOU PAID TO ORACLE FOR THE TERMINATED SERVICES THAT YOU PREDEFICIENT PROGRAM-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONRELATED SERVICE OFFERINGS. 6.4 7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.AND

Appears in 1 contract

Sources: General Terms Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES PAID FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 6.3. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Public Sector Agreement for Oracle Cloud Services

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 7.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement 11.1 Oracle and that it has the power and authority to do so. We CherryRoad warrant that during the Services Period we Oracle will perform the Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to CherryRoad that describes the deficiency in the Services (including, as applicable, the service request number notifying us CherryRoad of the deficiency in the Services). Additionally, CherryRoad warrants that all Work (as defined in the Services Agreement) performed shall conform in all material respects to the specifications and requirements in CherryRoad’s Statement of Work, including its responses to the functional requirements as set forth in Exhibit 7 to the Statement of Work - Functional Requirements. 6.2 WE 11.2 ORACLE AND CHERRYROAD DO NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE UNLESS CHERRYROAD APPROVES OF SAME IN ADVANCE IN WRITING, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS WITH THE EXCEPTION OF CHERRYROAD WARRANTING THAT ALL WORK (AS DEFINED IN THE SERVICES AGREEMENT) PERFORMED SHALL CONFORM IN ALL MATERIAL RESPECTS TO THE SPECIFICATIONS AND REQUIREMENTS IN THE STATEMENT OF WORK, INCLUDING CHERRYROAD’S RESPONSES TO THE FUNCTIONAL REQUIREMENTS AS SET FORTH IN EXHIBIT 7 TO THE STATEMENT OF WORK - FUNCTIONAL REQUIREMENTS . YOU ACKNOWLEDGE THAT NEITHER ORACLE NOR CHERRYROAD CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEITHER ORACLE NOR CHERRYROAD IS RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR EXPECTATIONSOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WE ARE NOT NEITHER ORACLE NOR CHERRYROAD IS RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT UNLESS CHERRYROAD APPROVES OF YOUR CONTENT, YOUR APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIESPARTY CONTENT IN ADVANCE IN WRITING. 6.3 11.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S AND CHERRYROAD’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE OR CHERRYROAD CANNOT SUBSTANTIALLY CORRECT OR REPAIR THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, CHERRYROAD, AFTER ALL WARRANTY REMEDIES HAVE BEEN EXHAUSTED AND THE PARTIES HAVE CONSULTED IN GOOD FAITH, SHALL PROVIDE YOU MAY END THE OPTION FOR A FUNCTIONALLY EQUIVALENT REPLACEMENT FOR THE DEFICIENT CLOUD SERVICES AND WE WILL REFUND ANY SYSTEMS SIGNIFICANTLY IMPACTED BY THE DEFICIENT CLOUD SERVICES, TO BE CHOSEN BY CHERRYROAD IN ITS SOLE DISCRETION, THAT IS SUBSTANTIALLY SIMILAR IN NATURE AND COST. THE PARTIES AGREE TO NEGOTIATE IN GOOD FAITH ANY CLOUD SERVICE TERMS AND CONDITIONS PROVIDED BY THE ALTERNATIVE PROVIDER. FOR THE AVOIDANCE OF DOUBT, THERE SHALL BE NO ADDITIONAL COST TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US REPLACEMENT FOR THE PERIOD FOLLOWING DEFICIENT CLOUD SERVICES AND ANY SYSTEMS SIGNIFICANTLY IMPACTED BY THE EFFECTIVE DATE OF TERMINATIONDEFICIENT CLOUD SERVICES. 6.4 11.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents VOW warrants that it has validly entered into this Agreement and that it has the power and authority will provide you with access to do so. We warrant that during the Services Period we will perform in accordance with the Services using commercially reasonable care and skill in all material respects as described Service Level Agreement (“SLA”) referenced in the Service SpecificationsSales Order. If you did not receive access to the Services provided to You were not performed as warrantedat any time during any given month during the Services, You you must promptly provide us with a written notice that describes the deficiency to VOW as specified in the Services (including, as applicable, ordering document no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO Sales Order. VOW DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE VOW WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT VOW DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSMAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE VOW IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES CAUSED BY VOW OR ITS SUPPLIERS OR SUBCONTRACTORS, VOW WILL REMIT A SERVICES WARRANTYFEE CREDIT TO YOU CALCULATED AT THREE AND ONE-HALF PERCENT (3.5%) OF NET MONTHLY FEES FOR EACH DAY DURING THE MONTH IN WHICH THE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWED TO VOW, AND THE REMITTANCE OF SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY REMEDY, AND OUR ENTIRE LIABILITY SHALL BE VOW’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Terms and Conditions

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Master Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE O R A C L E CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES P A I D T O O R A C L E FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: General Terms

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 4.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 4.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 4.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 4.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 6.5 If You are a legal entity or person from Indonesia or have a subsidiary or an affiliate registered or incorporated in Indonesia, You hereby agree and acknowledge that Oracle is in compliance with the Law No. 11 of 2008 regarding Electronic Information and Transaction (as amended) and its implementing regulation, including but not limited to (a) Government Regulation No. 71 of 2019 regarding Implementation of Electronic System and Transaction and (b) Ministry of Communications and Informatics No. 5 of 2020 (as may be amended from time to time), which regulates the matter of Indonesian Electronic System Operator (ESO)/ Penyelenggara Sistem Elektronik, including its amendment from time to time, where Oracle is registered as an ESO in Indonesia and accordingly has the obligation to grant access to the Government of the Republic of Indonesia or its authorized representative to your Content in the Services for any allegation or investigation or court order or access request from the Government of the Republic of Indonesia or its representatives to Oracle. Once Oracle receives such an access request, Oracle will notify You or Your subsidiary or Your affiliate on such matter as soon as practicable. You herewith irrevocably agree and acknowledge that You will release Oracle from any liabilities, legal responsibility or third party claim of such access to your Content residing in the Services with regards to the matter set forth in Section 4 (Nondisclosure) of this Oracle Cloud Services Agreement.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 7.1 Each party Party represents that it has validly entered into this Agreement and that it has the power full right, power, and authority to do so. We warrant enter into this Agreement, to perform its obligations under this Agreement, and is an entity duly authorized and in good standing in all relevant jurisdictions as of the Effective Date, and shall maintain such status and such aforementioned full right, power, and authority throughout the duration of the Agreement. 7.2 The Provider represents that during the Services Period we Provider has all necessary rights, title, interest, or necessary licenses to grant the rights and licenses herein to the Customer for the Partial Source Code, and shall maintain such rights, title, interests, and licenses in effect for the duration of this Agreement. 7.3 The Provider warrants that it will perform deliver the Services using commercially reasonable care and skill Partial Source Code in all material respects as described in this Agreement. 7.4 The Provider warrants that it will perform the Service SpecificationsServices strictly conforming in all respects with the requirements set out in this Agreement. If the Services provided to You were not performed as warranted, You the Customer must promptly provide us with a written notice that describes to the deficiency in Provider and the Services (including, as applicable, Provider shall rectify the service request number notifying us of the deficiency in the Services)same amicably pursuant to Articles 3 and Appendix 1. 6.2 WE DO 7.5 THE PROVIDER DOES NOT WARRANT GUARANTEE THAT THE SERVICES QUALITY OF P2P CONNECTION WILL MEET THE CUSTOMER'S EXPECTATIONS. THE CUSTOMER ACKNOWLEDGES THAT THE PROVIDER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT P2P CONNECTION MAY BE PERFORMED ERROR-FREE OR UNINTERRUPTEDSUBJECT TO LIMITATIONS, THAT WE WILL CORRECT ALL SERVICES ERRORSDELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT OTHER DAMAGE RESULTING FROM SUCH PROBLEMS . THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE PROVIDER IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF P2P CONNECTION THAT ARISES FROM THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER'S OR ITS END USERS' ACTS (INCLUDING BUT NOT LIMITED TO REPEATED USE OF THE SAME UID ON TWO OR MORE DEVICES), CONTENT, APPLICATIONS, EQUIPMENTS OR THIRD PARTY CONTENT CONTENT, APPLICATIONS, EQUIPMENTS. THE PROVIDER DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIESPARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATING TO THIRD PARTY CONTENT. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 7.6 Except as otherwise specified under this Agreement and TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Kalay Service and License Agreement (Sandbridge Acquisition Corp)

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 5.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO 5.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 5.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO DLT SOLUTIONS LLC, AND DLT SOLUTIONS LLC WILL IN TURN REFUND TO YOU THE FEES PAID FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 5.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Public Sector Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the ³6HUYLFHV . :If DUUDQW\´ the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents i. NST warrants that it has validly entered into this Agreement and that it has the power and authority a program licensed to do so. We warrant that during the Services Period we you hereunder will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsprogram documentation for one year after installation services related to the program are complete. If the Services provided to You were not performed as warranted, You must promptly provide us notify NST of any program warranty claim within one year after that date. NST also warrants that warranty services will be provided in a professional manner consistent with a written notice that describes the deficiency industry standards. You must notify NST in the Services (including, as applicable, the service request number notifying us writing of any deficiencies in warranty services within 10 days from discovery of the deficiency in the Services)deficient warranty services. 6.2 WE DO ii. NST DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE NST WILL BE ABLE TO CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 iii. FOR ANY BREACH OF THE SERVICES WARRANTYABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND OUR NST’S ENTIRE LIABILITY SHALL BE BE: (1) THE CORRECTION OF THE DEFICIENT SERVICES PROGRAM ERRORS THAT CAUSED THE CAUSE A BREACH OF THE WARRANTY, OR, . IF WE NST CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO NST FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (2) THE RE-PERFORMANCE OF THE DEFICIENT SERVICES. IF NST CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU RECOVER THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US NST FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONTHEM. 6.4 iv. TO THE EXTENT NOT PROHIBITED BY LAW, THESE THE WARRANTIES IN THIS SECTION ARE EXCLUSIVE EXCLUSIVE, AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Master Terms Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Oracle warrants that it has validly entered into this Agreement and that it has the power and authority a program licensed to do so. We warrant that during the Services Period we you will perform the Services using commercially reasonable care and skill operate in all material respects as described in the Service Specificationsapplicable program documentation for one year after delivery. If the Services provided to You were not performed as warranted, You must promptly provide us notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with a written notice that describes industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the deficiency services described in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO ordering document ORACLE DOES NOT WARRANT GUARANTEE THAT THE SERVICES PROGRAMS WILL BE PERFORMED PERFORM ERROR-FREE OR UNINTERRUPTED, UNINTERRUPTED OR THAT WE ORACLE WILL CORRECT ALL SERVICES PROGRAM ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE’S ENTIRE LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT SERVICES.

Appears in 1 contract

Sources: Software License Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Ion Channel warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we services will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the services policies referenced in the Service Specificationsordering document. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice that describes the deficiency to Ion Channel as specified in the Services (including, as applicable, ordering document no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO ordering document. ION CHANNEL DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-ERROR- FREE OR UNINTERRUPTED, OR THAT WE ION CHANNEL WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT ION CHANNEL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE ION CHANNEL IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, ION CHANNELWILL ISSUE A SUBSCRIPTION CREDIT TO YOU CALCULATED AT THREE TIMES MISSED DAYS OF SERVICE FOR THE APPLICABLE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED IN WHICH THE BREACH OF WARRANTYWARRANTY OCCURRED. THE CREDIT WILL BE PROVIDED AS AN EXTENSION OF THE SERVICES TERM FOR ION CHANNEL SOFTWARE-AS-A-SERVICE, ORAND THE EXTENSION OF SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY, IF WE CANNOT SUBSTANTIALLY CORRECT AND ION CHANNEL’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Software as a Service Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 8.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle warrants that during the Services Period we Period, Oracle will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 8.2 ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 8.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATIONSERVICES. 6.4 8.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Online Data Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 11.1. ProActive warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to ProActive that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO 11.2. PROACTIVE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE PROACTIVE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY PROACTIVE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT PROACTIVE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PROACTIVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. PROACTIVE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT CONTENT. PROACTIVE DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIES. 6.3 PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 11.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR PROACTIVE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE PROACTIVE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE PROACTIVE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PRE- PAID TO US PROACTIVE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 11.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Cloud Service Master Service Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 9.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant Oracle China warrants that during the Services Period we Term, Oracle will perform (i) the Services NetSuite CPQ using commercially reasonable care and skill in all material respects as described in the Service SpecificationsOracle NetSuite Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to You Customer were not performed as warranted, You Customer must promptly provide us Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 6.2 WE DO 9.2. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. WE ARE ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CUSTOMER DATA OR THIRD PARTY CONTENT APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 9.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR CUSTOMER’S EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CUSTOMER MAY END THE DEFICIENT SERVICES AND WE ORACLE CHINA WILL REFUND TO YOU CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT YOU CUSTOMER PRE-PAID TO US ORACLE CHINA FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Subscription Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 12.1 Oracle warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the (i) Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications, and (ii) Professional Services in a professional manner in accordance with the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying us Oracle of the deficiency in the Services). 6.2 WE DO 12.2 ORACLE DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIESCONTENT. 6.3 12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE ORACLE WILL REFUND TO YOU THE FEES PAID FOR THE TERMINATED DEFICIENT SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING OF TIME DURING WHICH THE EFFECTIVE DATE OF TERMINATIONSERVICES WERE DEFICIENT. 6.4 12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Public Sector Agreement for Oracle Cloud Services

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNERMANNER AND/OR REASONABLE PERIOD OF TIME, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES WARRANTIES, GUARANTEES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY QUALITY, USUALLY ASSUMED CHARACTERISTICS AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents 10.1 Abacus warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Cloud Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were the Client are not performed as warranted, You The Client must promptly provide us with a written notice to Abacus that describes the deficiency in the Services (including, as applicable, the service request number notifying us Abacus of the deficiency in the Services). 6.2 WE DO 10.2 ABACUS DOES NOT WARRANT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE ABACUS WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR THAT YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ABACUS, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS CLIENT REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. WE ARE THE CLIENT ACKNOWLEDGES THAT ABACUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ABACUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ▇▇▇▇▇▇ IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT CLIENT CONTENT, OR THIRD PARTY CONTENT CONTENT. ABACUS DOES NOT MAKE ANY REPRESENTATION OR SERVICES PROVIDED BY WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTIESPARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 6.3 10.3 FOR ANY BREACH OF THE SERVICES LICENSE WARRANTY, YOUR CLIENT’S EXCLUSIVE REMEDY AND OUR ABACUS’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE ABACUS CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU CLIENT MAY END THE DEFICIENT SERVICES AND WE ABACUS WILL REFUND TO YOU THE CLIENT THE FEES FOR THE TERMINATED SERVICES THAT YOU CLIENT PRE-PAID TO US ABACUS FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 . 104 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: General Terms and Conditions

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill and in all material respects as described in the Service SpecificationsSpecifications (the “Services Warranty”). If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 . 6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNERMANNER AND/OR REASONABLE PERIOD OF TIME, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PRE- PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES WARRANTIES, GUARANTEES OR CONDITIONS CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY QUALITY, USUALLY ASSUMED CHARACTERISTICS AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Oracle Cloud Services Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents Destiny warrants that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we services will perform the Services using commercially reasonable care and skill in all material respects as described in accordance with the services policies referenced in the Service Specificationsordering document. If the Services services provided to You you for any given month during the services term were not performed as warranted, You you must promptly provide us with a written notice that describes the deficiency to Destiny as specified in the Services (including, as applicable, ordering document no later than five business days after the service request number notifying us last day of the deficiency that particular month or within such other period stated in the Services). 6.2 WE DO ordering document. DESTINY DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE DESTINY WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT DESTINY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, OR INCLUDING THE INTERNET, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSSERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE DESTINY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION DELIVERY FAILURES, OR SECURITY OF THE SERVICES THAT ARISE OTHER DAMAGE RESULTING FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, DESTINY WILL REMIT A SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND FEE CREDIT TO YOU THE CALCULATED AT TEN PERCENT (10%) OF NET MONTHLY FEES FOR THE TERMINATED APPLICABLE SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING MONTH IN WHICH THE EFFECTIVE DATE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWED TO DESTINY, AND THE REMITTANCE OF TERMINATION. 6.4 SUCH CREDIT WILL REPRESENT YOUR EXCLUSIVE REMEDY, AND DESTINY’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Software as a Service Agreement