WARRANTY AND CONDITIONS. Licensor warrants and conditions for a period of sixty (60) days that the media on which the Product is furnished will be, under normal use, free from defects in material and workmanship. Licensor also warrants that the Product will perform in all material respects with the operating specifications contained in the accompanying Product documentation, for a period of sixty (60) days from the date of shipment. Other than with respect to any indemnification hereunder, Licensor’s entire liability and Licensee’s exclusive remedy under this provision will be for Licensor to use commercially reasonable efforts to remedy defects covered by this warranty and condition within a reasonable period of time or, at Licensor’s option, either to replace the defective Product or to refund the amount paid by Licensee to license the use of the Product. Licensor does not warrant or condition that the operation of the Product will be uninterrupted or error free or that all software defects can be corrected. This warranty and condition shall not apply if (a) the Product is not used in accordance with applicable documentation; (b) Product defect has been caused by Licensee’s malfunctioning equipment; or (c) Licensee has made modifications to the Product not expressly authorized in writing by Licensor. No employee, agent, or representative of Licensor has the authority to bind Licensor to any oral representations, warranties or conditions concerning the Product. Any written representation, warranty or condition not expressly contained in this Agreement shall not be enforceable. THIS WARRANTY AND CONDITION IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, REGARDING THIS AGREEMENT OR ANY PRODUCT (S) LICENSED HEREUNDER.
WARRANTY AND CONDITIONS. 8.1 WARRANTY Licensor warrants and conditions for a period of sixty (60) days that the media on which the Product is furnished will be, under normal use, free from defects in material and workmanship. Licensor also warrants that the Product will perform in all material respects with the operating specifications contained in the accompanying Product documentation, for a period of sixty (60) days from the date of shipment (the “Warranty Period”).
WARRANTY AND CONDITIONS. 2.1 The Executive warrants to the Company that:
WARRANTY AND CONDITIONS. Under a Perpetual License, Licensor warrants that for a period of twelve (12) months after the delivery of the Software (“Warranty Period”), the Software will materially conform to the applicable Documentation. NOTWITHSTANDING THE FOREGOING, EVALUATION OR TRIAL SOFTWARE, OPEN SOURCE, AND ANY OTHER PRODUCT PROVIDED TO LICENSEE FREE OF CHARGE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPLICITLY STATED ABOVE, LICENSOR AND ITS THIRD PARTY LICENSORS MAKE NO OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE OR RESELLER SHALL CREATE A WARRANTY. LICENSEE’S EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE (i) FOR LICENSOR TO USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY DEFECTS COVERED BY THIS WARRANTY WITHIN A REASONABLE PERIOD OF TIME. LICENSOR SHALL NOT BE LIABLE FOR ANY WARRANTY OBLIGATIONS AND DOES NOT WARRANT TO LICENSEE OR ACCEPT ANY OTHER OBLIGATIONS IN RESPECT TO ANY THIRD PARTY SOFTWARE, PROGRAM OR HARDWARE THAT MIGHT BE SUPPLIED BY LICENSOR IN THE CONTEXT OF THIS AGREEMENT. ALL WARRANTIES, CONDITIONS OF USE AND LIABILITIES, OF ANY KIND, EXPRESS OR IMPLICIT, IN CONTRACT OR OTHERWISE, IN RESPECT OF THIRD PARTY SOFTWARE PROGRAMS, INCLUDING AND NOT LIMITED TO CONDITIONS OF USE, QUALITIES, PERFORMANCE, SATISFACTORY QUALITY OR SUITABILITY FOR A SPECIFIC PURPOSE ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. ADDITIONALLY, THIS LIMITED LIABILITY SHALL NOT APPLY IF (i) THE PRODUCTS ARE NOT USED IN ACCORDANCE WITH THE APPLICABLE DOCUMENTATION; (ii) PRODUCT DEFECT HAS BEEN CAUSED BY LICENSEE’S MALFUCTIONING EQUIPMENT; or (iii) LICENSEE HAS MADE MODIFICATIONS TO THE PRODUCTS NOT EXPRESSLY AUTHORIZED IN WRITING BY LICENSOR.
WARRANTY AND CONDITIONS. Licensor warrants and conditions for a period of sixty (60) days that the media on which the Product is furnished will be, under normal use, free from defects in material and workmanship. Licensor also warrants that the Product will perform in all material respects with the operating specifications contained in the accompanying Product documentation, for a period of sixty (60) days from the date of shipment. Other than with respect to any indemnification hereunder, Licensor's entire liability and Licensee's exclusive remedy under this provision will be for Licensor to use commercially reasonable efforts to remedy defects covered by this warranty and condition within a reasonable period of time or, at Licensor's option, either to replace the defective Product or to refund the amount paid by Licensee to license the use of the Product. Licensor does not warrant or condition that the operation of the Product will be uninterrupted or error free or that all software defects can be corrected. This warranty and condition shall not apply if (a) the Product is not used in accordance with applicable documentation;
