Warranty and Warranty Disclaimers. 5.1 Limited Warranty. IronPort warrants to Company that the Software, when properly installed and properly used, will substantially conform to the specifications in the Documentation for a period of ninety (90) days from the Delivery Date or the period set forth in the Ordering Document, whichever is longer ("Warranty Period"). FOR ANY BREACH OF THE WARRANTY CONTAINED IN THIS SECTION, COMPANY'S EXCLUSIVE REMEDY AND IRONPORT'S ENTIRE LIABILITY, WILL BE PROMPT CORRECTION OF ANY ERROR OR NONCONFORMITY, PROVIDED THAT THE NONCONFORMITY HAS BEEN REPORTED TO IRONPORT AND/OR ITS RESELLER BY COMPANY WITHIN THE WARRANTY PERIOD. THIS WARRANTY IS MADE SOLELY TO COMPANY AND IS NOT TRANSFERABLE TO ANY END USER OR OTHER THIRD PARTY. IronPort shall have no liability for breach of warranty under this Section or otherwise for breach of this Agreement if such breach arises directly or indirectly out of or in connection with the following: (i) any unauthorized, improper, incomplete or inadequate maintenance or calibration of the Software by Company or any third party; (ii) any third party hardware software, services or system(s); (iii) any unauthorized modification or alteration of the Software or Services; (iv) any unauthorized or improper use or operation of the Software or Company's failure to comply with any applicable environmental specification; or (v) a failure to install and/or use Updates, Upgrades, fixes or revisions provided by IronPort or its resellers from time to time.
Warranty and Warranty Disclaimers. Roche warrants only to Affymetrix that the Diagnostic Products and Roche Instruments will conform in all material respects to Roche’s then-current standard customer warranty included in Roche’s applicable customer sales agreement. Such warranty does not apply to Affymetrix components of Diagnostic Products or to units that have been mishandled, mistreated or used or maintained or stored other than in conformity with Roche’s instructions. The warranties to Affymetrix Customers for Diagnostic Products and Roche Instruments distributed shall be as set forth in the terms and conditions of such sales agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ROCHE DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DIAGNOSTIC PRODUCTS OR COMPONENTS OF DIAGNOSTIC PRODUCTS, DIAGNOSTIC INSTRUMENTS OR PERFORMANCE OR NON-INFRINGEMENT THEREOF, DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO DIAGNOSTIC PRODUCTS OR COMPONENTS OF DIAGNOSTIC PRODUCTS, DIAGNOSTIC INSTRUMENTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND TO AFFYMETRIX CUSTOMERS OR AFFYMETRIX’S AGENTS. ROCHE HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE.
Warranty and Warranty Disclaimers a. Fidelis warrants that for a period of ninety (90) days from shipment of the Product to Customer, the Product will perform substantially in accordance with its applicable documentation. This warranty does not apply if the Software has been altered, except by Fidelis, or has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Fidelis. This limited warranty extends only to Customer as the original licensee of the Software and may be enforced solely by Customer.
Warranty and Warranty Disclaimers. 7.1 Nothing contained herein shall constitute a warranty or representation by TI to maintain production of the hardware with which the TI Products are to be used.
Warranty and Warranty Disclaimers. Ripples warrants only that the Ripple Maker and/or the Ripple Pod will be free from material defects in material and workmanship and perform substantially in accordance with the Documentation for a period of (i) regarding the Ripple Maker, twelve (12) months, and (ii) regarding the Ripple Pods, three (3) months after Delivery, but in no event following the expiration and/or consumption date as written on the package (collectively, the "Warranty Period"). The Enhanced Plan and Mobility Plan offer extended warranty periods providing coverage beyond the aforementioned Warranty Period, for such time and until your Enhanced Plan or Mobility Plan is valid. Such extended warranties are subject to your subscription to either of the Enhanced Plan or Mobility Plan having been (i) continuous from your first activation of the Ripple Maker, (ii) still being valid at the time the RMA, and (iii) with respect only to the Mobility Plan, your purchase of the accompanying hard case, as further detailed in your Purchase Order. The entire liability of Ripples and your exclusive remedy under this standard warranty shall be, at Ripples' option, repair or replacement of the Ripple Maker and/or Ripple Pod that does not meet this limited warranty with a new or refurbished Ripple Maker and/or Ripple Pod, provided that you submit to Ripples in writing a request for returned merchandise authorization (“RMA”) promptly after a warranty problem is identified and within the Warranty Period, and that Ripples approves the RMA. You shall bear the shipping costs to Ripples' premises and/or other address designated by Ripples and Ripples shall bear the return shipping costs to your address. This limited warranty is void if: (i) failure of the Ripple Maker and/or Ripple Pod has resulted from accident, abuse, misapplication, negligence or use in any way other than in compliance with the Documentation and the specific instructions given by Ripples (including without limitation an unauthorized change of location of the Ripple Maker without a Mobility Plan and appropriate use of the accompanying hard case), (ii) any repair work on the Ripple Maker and/or Ripple Pod is performed, or the Ripple Maker and/or Ripple Pod is modified or altered, by any party other than by Ripples, (iii) if the Ripple Maker and/or Ripple Pod was installed or stored near any heat or fire sources or in a moist environment, or (iv) concerning the Ripple Pods, if the Ripple Pod was used following the expiration date and/or co...
Warranty and Warranty Disclaimers. Zenoss warrants that it will provide Support and Services in a good and professional manner. As between you and Zenoss, Zenoss makes no other representation or warranty regarding the Software, Support or Services and each of them are provided AS IS WITH ALL FAULTS. Zenoss does not warrant that your use of the Software will be error free, uninterrupted or completely secure. Zenoss disclaims any implied or statutory warranties, such as a warranty of merchantability, fitness for a particular purpose, lack of malware, and non-infringement, and disclaims any warranty that may arise from a course of dealing.
Warranty and Warranty Disclaimers. Xxxxxx. Xxxxxx warrants that: Supplied Product. Gengraf will conform in all respects to the specifications therefor included in the Regulatory Approval, as then in effect (which, upon such approval shall be attached hereto as an exhibit), and shall be manufactured in accordance with current Good Manufacturing Practices. Such warranty does not apply to Products that have been mishandled, mistreated or maintained or stored other than in conformity with Xxxxxx'x instructions. No Infringement. To the best of its knowledge, the manufacture, distribution or use of Gengraf in the Territory will not infringe or otherwise violate any intellectual or proprietary rights of any person. Regulatory. It has filed an ANDA for Gengraf and reasonably believes in good faith that Gengraf will receive Regulatory Approval with an AB rating equivalent to Neoral before March 30, 2000. Title. To the best of its knowledge, after due investigation, Xxxxxx has sufficient title and ownership of all patents, trademarks, service marks, trade names, copyrights and other proprietary rights necessary for the business covered by this Agreement as now conducted without conflict with or violation of the rights of others. No Violation. Xxxxxx has not received any communication alleging that Xxxxxx has violated or, by conducting its business in the Territory as proposed, would violate any cyclosporine-related patents, trademarks, service marks, trade names, copyrights or trade secrets or other proprietary rights of any third party. SangStat. SangStat warrants that:
Warranty and Warranty Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANOTHER COLLABORATION AGREEMENT, AFFYMETRIX DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ARRAYS OR DIAGNOSTIC PRODUCTS OR PERFORMANCE OR NON-INFRINGEMENT THEREOF, DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO ARRAYS OR DIAGNOSTIC PRODUCTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND TO ROCHE’S CUSTOMERS OR AGENTS. AFFYMETRIX HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE.
Warranty and Warranty Disclaimers. Dublin warrants that the Services will be performed in a good and workmanlike manner, in accordance with accepted industry standards. THE SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE NOT COVERED BY ANY OTHER WARRANTIES OF ANY KIND; AND DUBLIN DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE, OR ARISING OUT OF A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO ADVICE OR INFORMATION GIVEN BY DUBLIN, ITS OFFICIALS, ITS CONSULTANTS, OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. METRO DATA CENTER ASSUMES ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICES. DUBLIN HAS NO CONTROL OVER CONTENT APPLICABLE OR ACTIONS OCCURRING THROUGH ANY SERVICES; AND DUBLIN DISCLAIMS ALL RESPONSIBILITY FOR SUCH CONTENT AND ACTIONS. DUBLIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR MEET METRO DATA CENTER’S REQUIREMENTS.
Warranty and Warranty Disclaimers. Cygnus warrants to BD that the Products, when shipped to BD by Cygnus, will conform in all material respects to the applicable Specifications, as then in effect, and as to Products ordered for the U.S. or a Major Country, the rules, regulations and orders of any applicable Regulatory Authorities. Such warranty does not apply to units that have been mishandled, mistreated or used or maintained or stored other than in conformity with Cygnus's written instructions. Cygnus WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ANY PRODUCT, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND REGARDLESS OF THE NATURE OF THE ACTION OF CAUSE OF ACTION, WHETHER ARISING IN CONTRACT OR TORT, INCLUDING Cygnus'S NEGLIGENCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, Cygnus'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
