Warranty and Limitations on Liability. 7.1 Unless otherwise specified in the Documentation, for a period of ninety (90) days from the date of shipment (or date on which an ESD of the Program is made available) to You, Appeon warrants that the Program, when Used in accordance with the Documentation, will operate substantially with such Documentation. THE PROGRAM IS ONLY COMPATIBLE WITH CERTAIN COMPUTER HARDWARE AND OPERATING SYSTEM SOFTWARE, and no warranty is provided with respect to use of the Program within an unsupported computer hardware or software environment. In the event of a non-conforming Program, Your sole remedy shall be, at Appeon's option, replacement of the defective Program or a refund equal to the amount of license fees paid for the affected Programs within the twelve-month period immediately preceding the warranty claim. This limited warranty gives You specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Appeon warranties extend solely to You, the original licensee.
Warranty and Limitations on Liability. RM warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. DEATH OR PERSONAL INJURY. RM shall be liable for death or personal injury arising from the use of the SOFTWARE to the extent that it results from the negligence of RM or its employees. RM shall also be liable to you for any other direct loss of or damage to tangible property caused solely by the negligence of RM or its employees subject always to a maximum aggregate liability of £250,000 to include all similar loss under all other contracts with RM. CUSTOMER REMEDIES. RM's entire liability and your exclusive remedy shall be, at RM's option, either (a) return of the price paid for SOFTWARE which is returned to RM along with the relevant licence confirmation, or (b) repair or replacement of the SOFTWARE or hardware that does not meet RM's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. RM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE EXCEPT WITH REGARD TO CONSUMER TRANSACTIONS IN THE UNITED KINGDOM. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RM OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF RM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty and Limitations on Liability. 3.1 Simplex acknowledges SOLVER is provided AS IS and without warranties of any kind, except as set out in paragraph 4.1. Specifically, Simplex acknowledges that SOLVER IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Warranty and Limitations on Liability. 7.1 TRIMAX warrants that it owns the Software and has the right to grant this license to THE CHILDREN'S PLACE, without violating any rights of any third party, and there is currently no actual or threatened suit or claim by any such party third party based on an alleged violation of such right by TRIMAX. TRIMAX warrants that the Software will perform in accordance with its specifications as outlined in Schedule A and the Reference Documentation provided to THE CHILDREN'S PLACE. Based on the information provided to TRIMAX by THE CHILDREN'S PLACE to date TRIMAX believes the Software satisfies THE CHILDREN'S PLACE functional requirements in all material respects and will operate on the Hardware as listed in Schedule B.
Warranty and Limitations on Liability
