Warranties Limitations. The above warranties, if any, only apply if Kodak is notified of a warranty claim within the applicable Warranty Period and do not apply to claims that arise from (i) accident, neglect, misuse, abuse, improper handling or transportation, or improperly maintained air conditioning, humidity control or electrical power, (ii) issues caused by any Person other than Kodak or its authorized agents, (iii) interoperation with other non-Kodak supplied products, (iv) improper installation, service or modification by Persons other than Kodak or its authorized agents, (v) use in an environment or a manner or for a purpose for which the Goods were not designed or intended, (vi) unusual physical or electrical stress, (vii) improper storage or the use of unauthorized chemistries or processing equipment, or (vii) any cause other than ordinary use.
Warranties Limitations. The above warranties only apply if Kodak is notified of a warranty claim within the applicable Warranty Period and do not apply to claims that arise in whole or in part by: (i) accident, neglect, use of the Consumables in any other manner than stated in the specifications, abuse, improper handling or transportation, or improper environmental conditions such as improperly maintained air conditioning, humidity control, caused by any party other than Kodak; and (ii) improper storage or the use of unauthorized chemistries or processing equipment.
Warranties Limitations. 10.1The Software is licensed for use “AS-IS”, and the Documentation is provided “AS-IS”, without a warranty of any kind. THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, OR THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. LICENSEE ASSUMES ALL RISKS AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE SOFTWARE. LICENSOR DOES NOT WARRANT THE RESULTS OF ANY PROGRAM OR SERVICE, OR THAT ALL OR ANY DEFECTS, ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE FUNCTIONALITY CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS.
Warranties Limitations. The above warranties only apply if Miraclon is notified of a warranty claim within the applicable Warranty Period and do not apply to claims to claims that arise from (i) accident, neglect, misuse, abuse, improper handling or transportation, or improperly maintained air conditioning, humidity control or electrical power, (ii) caused by any Person other than Miraclon or its authorised agents, (iii) interoperation with other non-Miraclon supplied products, (iv) improper installation, service or modification by Persons other than Miraclon or its authorised agents, (v) use in an environment or a manner or for a purpose for which the Products were not designed or intended, (vi) unusual physical or electrical stress, (vii) any cause other than ordinary use.
Warranties Limitations. A. The Company warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The Company’s liability and the Municipality’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the Company’s cost, of such service or deliverable. The Company’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality or (ii) work or services performed by others.
Warranties Limitations. Except for gross negligence or willful misconduct, EARLY GROWTH will not be liable for any lost profits, lost savings or incidental damages or other economic consequential damages resulting from this engagement. EARLY GROWTH will perform its services for CLIENT in accordance with good professional standards. EARLY GROWTH retains employees and/or contractors who will be utilized to perform work for CLIENT. CLIENT consents to the use of employees and/or contractors by EARLY GROWTH and except for gross negligence or willful misconduct releases EARLY GROWTH for any and all liability for any acts or omissions by any employee and/or contractor engaged by EARLY GROWTH. Warranties for the computer software and any hardware products used during this engagement are provided by the manufacturers of those products. EARLY GROWTH will use its best efforts in assisting CLIENT in enforcing said warranties as necessary. CLIENT is responsible for maintaining proper back ups of all data.
Warranties Limitations. A. General Code warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. General Code’s liability and the Municipality’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at General Code’s cost, of such service or deliverable. General Code’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality or (ii) work or services performed by others.
Warranties Limitations. 8.1. AMEDISYS acknowledges and agrees that the Service and the services provided thereunder involve complex computer hardware, software and Internet and other communications networks that are not necessarily free from defects or able to operate without interruption and that HQS does not warrant the same. HQS warrants to AMEDISYS on a continuing basis that the Service shall be available to AMEDISYS for a minimum of 99% of the scheduled uptime (as defined in HQS Customer Support Policy), but only in the absence of fault, negligence or breach of agreement by AMEDISYS or any other third party that causes or contributes to unavailability or impairment of the Service. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE AS SET FORTH lN SECTION 8.2 BELOW. NOTWITHSTANDING THE FOREGOING, HQS DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE FOR UNAVAILABILITY OF THE SERVICE WHEN SUCH UNAVAILABILITY IS CAUSED BY (I) ACTS OR OMISSIONS OF ANY THIRD PARTIES, (II) FAILURE OF THIRD PARTY SYSTEMS OR EQUIPMENT OR (III) OTHER EVENTS BEYOND HQS COMMERCIALLY REASONABLE CONTROL. HQS DOES NOT WARRANT THAT THE SERVICE OR HQS SOFTWARE ARE FREE FROM ERRORS OR DEFECTS AND HEREBY DISCLAIM ANY AND ALL LIABILITIES ARISING THEREFROM.
Warranties Limitations. Pearson warrants that all professional services provided shall be performed by qualified personnel in a good and workmanlike manner consistent with industry standards. The warranties for all software applications and online content provided hereunder shall be as set forth in the applicable license or terms of use for such item. THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE ONLY WARRANTIES GIVEN BY PEARSON WITH RESPECT TO THE SERVICES, PRODUCTS AND MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. PEARSON MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE WITH RESPECT TO THE SERVICES , SOFTWARE AND MATERIALS PROVIDED UNDER THIS AGREEMENT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. PEARSON DOES NOT GUARANTEE THAT THE SERVICES, SOFTWARE AND MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET THE CUSTOMER’S NEEDS.
Warranties Limitations. 8.1. To the maximum extent permitted by applicable law and except as otherwise expressly stated in this agreement, the Application Content is provided to you “as is”, and LX hereby disclaims all warranties, express or implied, including and without limiting the generality of the foregoing, any implied warranty of merchantability and fitness for a particular purpose.
