Warranty Disclaimer of Warranties. The Products delivered to Buyer hereunder shall conform to the applicable Product specifications referenced herein (the “Specifications”). The Buyer shall have the obligation to request in writing any particular Specifications. Any such request shall be subject to Seller’s written acceptance. Seller is not responsible for failure by Buyer to so specify types of classifications under ASTM or ACI or any other specifications. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, OR PROVIDED BY THE MANUFACTURER OF PRODUCT, IF APPLICABLE AND ABLE TO BE TRANSFERRED TO BUYER, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHOULD THE PRODUCT FAIL TO CONFORM TO THE FOREGOING WARRANTIES, SELLER WILL, AT ITS OPTION REPLACE PRODUCT, DAP DESTINATION OR REFUND THAT PORTION OF THE PURCHASE PRICE OF PRODUCT WHICH FAILS TO MEET THESE WARRANTIES. IN PARTICULAR, BUT WITHOUT LIMITATION, SELLER MAKES NO WARRANTIES REGARDING THE ABSENCE OF EFFLORESCENCE AND DISCOLORATION AFTER THE PRODUCT(S) HAVE BEEN INSTALLED AND THE SELLER SHALL NOT BE LIABLE FOR ANY OF THE SAME.
Warranty Disclaimer of Warranties. 5.1 Limited Warranty for the SPOT Product. THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPOT PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, SPOT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCT, OR ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY, THEN THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOT, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PR...
Warranty Disclaimer of Warranties. Microsoft warrants its Products as described in the Microsoft Terms. Neither CORE BTS, INC. nor Microsoft provide any other warranties, representations or conditions. To the maximum extent permitted under applicable laws, CORE BTS, INC. disclaims all implied or statutory warranties for Products, including warranties of quality, title, non- infringement, merchantability and fitness for a particular purpose.
Warranty Disclaimer of Warranties. (a) Oncor warrants to SDTS that to the Knowledge of Oncor, Oncor has the right to grant the license granted herein. THE FOREGOING WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE), SHALL APPLY. OTHER THAN THE FOREGOING WARRANTY OF ONCOR SET FORTH IN THIS AGREEMENT, ONCOR HEREBY DISCLAIMS, AND SDTS, ANY OPERATOR AND PERMITTED RECIPIENT HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR OTHERWISE.
Warranty Disclaimer of Warranties. See Schedule A for a modified version of this Section 6 for Licensed Products licensed and used in Germany, Austria or Switzerland.
Warranty Disclaimer of Warranties. Sections 6.1 to 6.6 apply to warranty claims with regard to perpetual licenses; for warranty claims with regard to subscription licenses Section 6.7 applies.
Warranty Disclaimer of Warranties. Provider represents and warrants that the Services will be provided in a professional manner, in compliance with applicable law, and in conformity with generally prevailing industry standards. Provider makes no guarantee or warranty that the System monitoring Services cannot be compromised, circumvented or otherwise defeated. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.
Warranty Disclaimer of Warranties. 4.1 THE SOFTWARE IS PROVIDED "AS IS" AND END USER’S USE OF THE SYSTEM IS AT ITS OWN RISK. ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE OR NON- INFRINGEMENT OR CLAIMS OF INFRINGEMENT, MISAPPROPRIATION, MISUSE OR UNAUTHORIZED USE FROM A THIRD PARTY ARE EXCLUDED FROM THIS XXXX TO THE FULLEST EXTENT PERMITTED BY LAW.
Warranty Disclaimer of Warranties. (a) Fuji Machine shall be responsible for replacing any faulty diskette or disk provided to the customers of the Bundled Products except for diskettes or disks included in any Licensed Software package obtained directly from Cimetrix and for correcting any faulty reproduction of the Licensed Software by Fuji Machine.
Warranty Disclaimer of Warranties. 3.1 Licensor agrees to pass through to Licensee all warranties provided to Licensor by third parties relating to any third party software embedded in the Software or otherwise licensed or provided to Licensee by Licensor hereunder. Notwithstanding the foregoing, in the event Software contains any software code developed by third parties and licensed pursuant to either the GNU General Public License or the GNU Lesser General Public License such code is supplied without warranty of any kind.
