Common use of Warranty and Disclaimer Clause in Contracts

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. FOCUSIT Company shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications Platform (as such term is defined in the Proposal) and the deliverables (as detailed in the Proposal) under the Implementation Services in a manner which minimizes errors and interruptions in the FOCUSIT Applications Platform and shall perform the Implementation FOCUSIT Applications Services in a professional and workmanlike manner. FOCUSIT Applications Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT Company or by third-party providers, or because of other causes beyond FOCUSITCompany’s reasonable control, but FOCUSIT Company shall use reasonable efforts to provide advance notice in writing or by e-mail (to the extent possible) of any scheduled service disruption. HOWEVER, FOCUSIT COMPANY DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS SERVICES (INCLUDING IMPLEMENTATION 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 FOCUSIT APPLICATIONSSERVICES. IN ADDITION, COMPANY DOES NOT WARRANT THE SECURITY OF CUSTOMER’S DATA RESIDING ON COMPANY’S PLATFORM. HOWEVER, GIVEN THE CONFIDENTIAL NATURE OF CERTAIN OF THIS DATA, COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO 3 SAFEGUARD THE SECURITY OF THIS DATA BY PROTECTING IT IN THE SAME MANNER IT WOULD PROTECT ITS OWN SECURE DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS AND IMPLEMENTATION FOCUSIT APPLICATIONS SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT.

Warranty and Disclaimer. FOCUSIT WomanSpeak shall use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications Training in a manner which minimizes errors and interruptions in makes the FOCUSIT Applications and shall perform the Implementation FOCUSIT Applications in a professional and workmanlike mannermaterial available to Customer on-demand. FOCUSIT Applications The Training may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT WomanSpeak or by third-party providers, or because of other causes beyond FOCUSITWomanSpeak’s reasonable control, but FOCUSIT WomanSpeak shall use reasonable efforts to provide advance notice in writing or by e-mail email of any scheduled service disruption. HOWEVER, FOCUSIT WOMANSPEAK DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS TRAINING CURRICULUM 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 APPLICATIONSTRAINING CURRICULUM ASIDE FROM THOSE EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS AND IMPLEMENTATION FOCUSIT APPLICATIONS ARE TRAINING PACKAGE IS PROVIDED “AS IS” AND COMPANY WOMANSPEAK 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. FOCUSIT shall Honeycomb will use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications Services in a manner which minimizes errors and interruptions in the FOCUSIT Applications Services and shall will perform the Implementation FOCUSIT Applications implementation and support in a professional and workmanlike manner. FOCUSIT Applications Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT Honeycomb or by third-party providers, or because of other causes beyond FOCUSITHoneycomb’s reasonable control, but FOCUSIT Honeycomb shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, FOCUSIT HONEYCOMB DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS 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 FOCUSIT APPLICATIONSSERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS SERVICES, IMPLEMENTATION AND IMPLEMENTATION FOCUSIT APPLICATIONS SUPPORT ARE PROVIDED “AS IS” AND COMPANY HONEYCOMB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW

Warranty and Disclaimer. FOCUSIT InVue shall use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications InVue Services in a manner which minimizes errors and interruptions in the FOCUSIT Applications InVue Services and shall provide and perform the Implementation FOCUSIT Applications InVue Services and Other Services in a professional and workmanlike manner. FOCUSIT Applications InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT InVue or by third-party providers, or because of other causes beyond FOCUSITInVue’s reasonable control, but FOCUSIT InVue shall use reasonable efforts to provide advance notice in writing or by e-e- mail of any scheduled service disruption. HOWEVER, FOCUSIT INVUE DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FOCUSIT APPLICATIONSINVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS AND IMPLEMENTATION FOCUSIT APPLICATIONS INVUE SERVICES ARE PROVIDED “AS IS” AND COMPANY INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product- warranty/, which may be updated by InVue from time to time.

Warranty and Disclaimer. FOCUSIT Xxx Xxxxxx Inc. shall use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications Services in a manner which minimizes errors and interruptions in the FOCUSIT Applications Services and shall perform the Implementation FOCUSIT Applications Services in a professional and workmanlike manner. FOCUSIT Applications Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT Xxx Xxxxxx Inc. or by third-third- party providers, or because of other causes beyond FOCUSITXxx Xxxxxx Inc.’s reasonable control, but FOCUSIT Xxx Xxxxxx Inc. shall use reasonable efforts to provide advance notice in writing or by e-e- mail of any scheduled service disruption. HOWEVER, FOCUSIT XXX XXXXXX INC. DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS 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 FOCUSIT APPLICATIONSSERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS SERVICES AND IMPLEMENTATION FOCUSIT APPLICATIONS SERVICES ARE PROVIDED “AS IS” AND COMPANY XXX XXXXXX INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT.