Common use of Warranty and Disclaimer of Other Warranties Clause in Contracts

Warranty and Disclaimer of Other Warranties. WE WARRANT THAT THE CURRENT VERSION OF THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FROM YOUR RECEIPT THEREOF. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE PRODUCT AS INSTALLED ON ANY PARTICULAR COMPUTER, NETWORK OR NETWORK FILE SERVER OR DEVICE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE PRODUCT, YOUR SOLE REMEDY IS TO INFORM US WITHIN ONE HUNDRED EIGHTY (180) DAYS OF PURCHASE THAT YOU WILL CEASE USING THE PRODUCT IN EXCHANGE FOR A REFUND OF THE SOFTWARE AND SUPPORT SUBSCRIPTION PURCHASE PRICE PAID. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE INITIAL LICENSE FEE YOU PAID FOR THE PRODUCT. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM OR RELATING TO THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DBA SOFTWARE, INC. (Please Note: Some jurisdictions may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

Warranty and Disclaimer of Other Warranties. WE WARRANT THAT THE CURRENT VERSION OF THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF ONE HUNDRED EIGHTY THIRTY (18030) DAYS FROM YOUR RECEIPT THEREOF. NOTWITHSTANDING THE ABOVE, WE WARRANT THAT THE SOFTWARE MEDIA IS FREE FROM DEFECTS IN MANUFACTURE. WE WILL REPLACE ANY DEFECTIVE MEDIA AT NO CHARGE SUBJECT TO NOTIFICATION OF THE SAID DEFECT WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACQUIRED THE PRODUCT. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESS EXPRESSED OR IMPLIED, FOR THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE PRODUCT AS INSTALLED ON IN ANY PARTICULAR DEVICE, COMPUTER, NETWORK OR NETWORK FILE SERVER OR DEVICE WITH OTHER HARDWARE OR SOFTWARE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE PRODUCT, YOU MAY AS YOUR SOLE REMEDY IS RETURN THE PRODUCT TO INFORM US WITHIN ONE HUNDRED EIGHTY THIRTY (18030) DAYS OF PURCHASE THE DATE THAT YOU WILL CEASE USING ACQUIRED THE PRODUCT IN SPECIFYING THE REASON FOR YOUR RETURN. AT OUR DISCRETION, WE RESERVE THE RIGHT TO EITHER EXCHANGE FOR A THE PRODUCT OR REFUND OF THE SOFTWARE AND SUPPORT SUBSCRIPTION PURCHASE PRICE PAIDLICENSE FEE, LESS SHIPPING, HANDLING AND RESTOCKING CHARGES AND UNPAID CHARGES FOR SUPPORT SERVICES. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE INITIAL LICENSE FEE YOU PAID FOR THE PRODUCT. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, INSTALLATION, TRAINING OR DELIVERY SUPPORT OF THE PRODUCT, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM OR RELATING RELATED TO THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DBA SOFTWARE, INCDEVELOPMENT-X LIMITED. (Please Note: Some jurisdictions may do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

Warranty and Disclaimer of Other Warranties. WE WARRANT SELLER WARRANTS TO BUYER THAT PRODUCTS OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THAT SUCH PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER THE CURRENT VERSION OF THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION INTENDED USE AND SERVICE FOR A PERIOD ENDING ON THE EXPIRATION DATE SET FORTH ON THE LABELING OF THE SUBJECT GOODS. WITH RESPECT TO QUANTITIES, DIMENSIONS, AND WEIGHTS, THE PRODUCTS ARE NOT DEFECTIVE IF THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE OF THE PRODUCTS, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE HUNDRED EIGHTY (180) DAYS FROM YOUR RECEIPT THEREOFOR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT AS SPECIFICALLY STATEDWITH RESPECT TO LATENT DEFECTS, THERE PRODUCTS ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR DEEMED TO SATISFY THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE TERMS OF THE PRODUCT WARRANTY AND TO BE FREE FROM DEFECTS AS INSTALLED ON ANY PARTICULAR COMPUTERSOON THE PRODUCTS ARE USED OR PLACED IN STORAGE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, NETWORK OR NETWORK FILE SERVER OR DEVICE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIESIN ITS SOLE DISCRETION, INCLUDINGAND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN INSTEAD ELECTS TO REFUND THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE INVOICE VALUE OF THE PRODUCT, YOUR SOLE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO INFORM US WITHIN ONE HUNDRED EIGHTY (180) DAYS OF PURCHASE THAT YOU WILL CEASE USING THE PRODUCT IN EXCHANGE FOR A REFUND OF THE SOFTWARE AND SUPPORT SUBSCRIPTION PURCHASE PRICE PAID. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE INITIAL LICENSE FEE YOU PAID FOR THE PRODUCTSELLER. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN ANY LIABILITY OF SELLER EXCEED THE CREATION, PRODUCTION, OR DELIVERY PURCHASE PRICE OF THE PRODUCTPRODUCTS, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY INDIRECTINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE OR INCIDENTAL USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES RESULTING FROM OR RELATING TO ARISING OUT OF THE USE OF THE ANY PRODUCT OR ARISING OUT OF PRODUCTS IN ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DBA SOFTWARE, INC. (Please Note: Some jurisdictions may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to youMANNER CONTRARY TO SELLER’S INSTRUCTIONS.)

Warranty and Disclaimer of Other Warranties. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT WE DO WARRANT THAT THE CURRENT VERSION OF THE PRODUCT SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF ONE HUNDRED EIGHTY (180) NINETY DAYS FROM YOUR RECEIPT THEREOF. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE PRODUCT SOFTWARE AS INSTALLED ON ANY PARTICULAR COMPUTER, COMPUTER NETWORK OR NETWORK FILE SERVER OR DEVICE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, INCLUDING (WITHOUT LIMITATION, IMPLIED LIMITATION)IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE PRODUCTSOFTWARE, YOUR SOLE REMEDY IS TO INFORM US WITHIN ONE HUNDRED EIGHTY (180) DAYS OF PURCHASE THAT YOU WILL CEASE USING RETURN THE PRODUCT TO US IN EXCHANGE FOR A REFUND CREDIT TO YOUR Global Electronics, Ltd. ACCOUNT OF THE SOFTWARE PURCHASE PRICE, LESS SHIPPING, HANDLING, UNPAID SUPPORT CHARGES AND SUPPORT SUBSCRIPTION PURCHASE PRICE PAIDA 15% RESTOCKING FEE. NO CASH REFUNDS SHALL BE MADE UNDER ANY CIRCUMSTANCE. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE INITIAL LICENSE FEE YOU PAID TO GLOBAL FOR THE PRODUCTSOFTWARE AND DOCUMENTATION. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCTSOFTWARE OR DOCUMENTATION, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM OR RELATING TO THE USE OF THE PRODUCT SOFTWARE OR DOCUMENTATION OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DBA SOFTWARE, INC. (Please Note: Some jurisdictions may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)GLOBAL