Warranty and Disclaimer. Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranty and Disclaimer. Replay Networks warrants that the ----------------------- Products will conform to Specifications and will be free from defects in material and workmanship for a period of [***] from the date of sales to end-users from PCEC subject to repair with no charge of labor costs, and [***] from the date of sales to end-users from PCEC, subject to repair with no charge for materials, parts and components; provided, however, that in no -------- -------- event shall Replay Networks have any warranty obligation for (i) labor costs more than [***] after shipment to PCEC, or (ii) materials, parts and components more than [***] after shipment to PCEC. This express limited warranty does not apply to (a) materials consigned or supplied by MKE to Replay Networks or the Contract Manufacturers, (b) defects resulting from MKE's contributions to the design of the Products or from MKE Requested Changes; or (c) Product that has been abused, damaged, altered or misused by any person or entity after the title passes to MKE. With respect to first articles, prototypes, pre-production units, test units or similar Products, Replay Networks makes no representations or warranties whatsoever. Upon any failure of Product to comply with the above warranty, Replay Network's sole obligation and MKE's sole remedy, is for Replay Networks to have the Contract Manufacturer (or Replay Networks' designated repair vendor), at Replay Networks' option, promptly repair or replace such Product pursuant to the provisions of Section 13(b). EXCEPT FOR THE FOREGOING EXPRESSLY STATED WARRANTIES, REPLAY NETWORKS MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS COVERED BY THIS AGREEMENT. REPLAY NETWORKS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
Warranty and Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY PSA, BUT SUBJECT TO THE INDEMNITIES CONTAINED IN SECTION 12 OF THE AGREEMENT, THE INTELLECTUAL PROPERTY AND TECHNOLOGY LICENSED BY EACH PARTY TO THE OTHER PARTY PURSUANT TO THIS AGREEMENT IS FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Warranty and Disclaimer. FOCUSIT shall use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications in a manner which minimizes errors and interruptions in the FOCUSIT Applications and shall perform the Implementation FOCUSIT Applications in a professional and workmanlike manner. FOCUSIT Applications may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT or by third-party providers, or because of other causes beyond FOCUSIT’s reasonable control, but FOCUSIT shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, FOCUSIT DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FOCUSIT APPLICATIONS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS AND IMPLEMENTATION FOCUSIT APPLICATIONS ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranty and Disclaimer. JumpMind warrants that during each Term it will use its commercially reasonable efforts to ensure that Services are conducted in a workmanlike manner by qualified personnel. Except for the foregoing, Product and Services are provided to Customer "as is," without any warranties of any kind, including, but not limited to, warranties concerning the installation, use or performance of the Product and Services. JumpMind and its suppliers disclaim any and all warranties, either express or implied, including but not limited to any warranty of merchantability fitness for a particular purpose and/or non- infringement. JumpMind and its suppliers do not warrant that Product and Services will meet customer's requirements or that the operation thereof will be uninterrupted or error-free, or that errors will be corrected. Without limiting the generality of the foregoing disclaimer, Product is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, control, or direct operation of nuclear facilities; aircraft navigation, control or communication systems; weapons systems; or direct life support systems.
Warranty and Disclaimer. Subscriptions run for 1 year, unless otherwise specified in the Agreement. Pro-rated subscriptions are permissible (e.g. your fiscal year is already in progress and you wish to purchase a subscription for the remaining months of your fiscal year), but must be specified in the Contract of Service or Invoice. CareerAmerica, LLC strives to make sure its Service is free from interruption; however, we make no guarantees that it will be error-free.
Warranty and Disclaimer. 11.1 Each party represents and warrants that (i) it has the power and authority to enter into and perform its obligations under this Agreement and (ii) to the best of each party’s knowledge, it currently has no restrictions that would impair its ability to perform its obligations under this Agreement.
Warranty and Disclaimer. (a) You represent and warrant to Hitachi that, as at the XaaS Agreement Start Date and for the Service Term of each XaaS Agreement that you enter:
Warranty and Disclaimer a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE.
