Common use of Warranty Exclusions Clause in Contracts

Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.

Appears in 5 contracts

Samples: Uipath Marketplace Agreement, Uipath Marketplace Agreement, Uipath Marketplace Agreement

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Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S PARTNER'S OWN RISK AND "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE ASSETS WILL MEET PARTNER’S REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE ASSETS WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE ASSETS WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER PARTNER USES THE UIPATH ASSETS MARKETPLACE AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER PARTNER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.

Appears in 4 contracts

Samples: Uipath Marketplace Partner Agreement, Uipath Marketplace Partner Agreement, Uipath Marketplace Partner Agreement

Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KINDKIND WITH RESPECT TO THE TOOLS, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATIONANY WARRANTY THAT THE TOOLS WILL BE UNINTERRUPTED, WARRANTIES ERROR- FREE OR FREE OF NON-INFRINGEMENT HARMFUL COMPONENTS, ANY IMPLIED WARRANTY OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAWOUT OF ANY COURSE OF PERFORMANCE, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE (I) THE TOOLS WILL OPERATE FUNCTION IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOUCOMBINATION WITH ANY THIRD-PARTY SOFTWARE; (II) THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE TOOLS WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; (III) THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE TOOLS WILL BE CORRECTED; OR (IV) THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) TOOLS IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES YOU WILL USE THE UIPATH ASSETS TOOLS AT ITS YOUR OWN RISK. UIPATH HAS WE RESERVE THE RIGHTRIGHT TO TERMINATE, SUSPEND, OR MODIFY, IN ITS ANY MANNER AND IN OUR SOLE DISCRETION, THE TOOLS, IN WHOLE OR IN PART, WITH OR WITHOUT NOTICE. MODIFICATIONS MAY AFFECT YOUR DEVELOPER APPLICATION AND MAY REQUIRE YOU TO MAKE CHANGES TO, SUSPEND TO YOUR DEVELOPER APPLICATION AT YOUR OWN COST TO CONTINUE TO BE COMPATIBLE WITH THE API OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSOTHER ASPECTS OF THE TOOLS.

Appears in 4 contracts

Samples: Uipath Developer Agreement, Uipath Developer Agreement, Uipath Developer Agreement

Warranty Exclusions. TO The Warranty does not cover indentations, scratches or damage caused by negligence, water, wet mopping, erosion, pebbles, sand, other abrasives, spiked- heeled shoes, insects, pets, misuse, abuse, accidents, natural wood fibre surface discoloration, extreme environmental conditions, failure to follow all manufacturer’s specific written installation instructions, poor workmanship by installer, improper maintenance, insufficient prevention and/or protection in kitchen workstations and underneath furniture, misuse or improper alterations of original manufactured products, damages resulting from the shifting of the building, or from defects in the base on which the floor is installed. THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A FOREGOING SETS FORTH APPALACHIAN FLOORING’S SOLE OBLIGATIONS AND LIABILITY UNDER THE WARRANTY. THE UIPATH MARKETPLACE WARRANTY IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AN EXCLUSIVE REMEDY AND “AS IS,” WITH IS IN LIEU OF ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOTHER REPRESENTATIONS, COVERED PARTIES HEREBY DISCLAIM ALL COLLATERAL AGREEMENTS, CONDITIONS OR WARRANTIES OF ANY NATURE OF KIND, EXPRESS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONLIMITATION ANY CONDITION OR WARRANTY AS TO MERCHANTABLE QUALITY, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DURABILITY, SUITABILITY, QUALITY OR CONDITION OR ANY WARRANTIES CONDITION OR WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, LAW OR IN EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY NO EVENT SHALL APPALACHIAN FLOORING OR ITS SUPPLIERS BE SELECTED LIABLE FOR USE BY YOU; THAT THE OPERATION ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, COMMERCIAL, CONSEQUENTIAL, INCIDENTAL OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE SPECIAL LOSS OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (DAMAGE OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE CLAIM BY A THIRD PARTY, RESULTING FROM THE USE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.LOSS OF USE OR THE PERFORMANCE OR

Appears in 2 contracts

Samples: Warranty Agreement, Warranty Agreement

Warranty Exclusions. THE WARRANTY, RETURN, AND SHIPPING POLICY SETS OUT THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KINDPRODUCTS. TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL NEITHER SANGOMA, NOR ITS THIRD‐PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND TO ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE PRODUCTS OTHER THAN WHAT IS SET OUT IN THE WARRANTY, RETURN AND SHIPPING POLICY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTIBILITY, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OR NON‐INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY STATUTE SUCH PERSON OR OTHERWISE IN ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EQUITYIN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR FROM A COURSE ECONOMIC DAMAGE OR INJURY TO PROPERTY, LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF DEALING WHETHER SUCH PERSON OR USAGE ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF TRADETHE POSSIBLITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. COVERED PARTIES SPECIFICALLY SOME COUNTRIES, STATES, OR PROVINCES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW FOR THE COMBINATIONS WHICH EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE SELECTED FOR USE BY LIMITED IN THEIR APPLICATION TO YOU; THAT . IF THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN LIMITED TO THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSDURATION OF XXXXXXX’S WARRANTY ON XXX.XXXXXXX.XXX/XXXXX .

Appears in 1 contract

Samples: License Agreement

Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK &86720(5OW¶N6RISK AND “AS IS,” WITH ³AS IS,´WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.

Appears in 1 contract

Samples: Uipath Marketplace Agreement

Warranty Exclusions. JELCO WARRANTIES DO NOT COVER INDENTATIONS, SCRATCHES, STAINS OR DAMAGE, CAUSED BY NEGLIGENCE, FIRE, WATER, MOISTURE, EXCESSIVE HEAT OR EXCESSIVE DRYNESS, EROSION, PEBBLES, SAND, OR OTHER ABRASIVES, PETS, INSECTS, SPIKED HEEL SHOES, WEATHER CONDITIONS OR NATURAL DISASTERS, COLOR VARIATIONS, NATURALLY OCCURRING WOOD CHARAC- TERISTICS, FAILURE TO FOLLOW ALL THE MANUFACTURER’S WRITTEN MAINTENANCE INSTRUCTIONS, IMPROPER MAINTE- XXXXX, INSUFFICIENT PROTECTION, MISUSE, OR IMPROPER ALTERATIONS OF THE ORIGINAL MANUFACTURED PRODUCT. JELCO WARRANTIES DO NOT COVER NATURAL EXPANSION AND CONTRACTION RESULTING IN SEPRATION BETWEEN BOARDS, OR DAMAGE CAUSED BY LOW OR EXCESSIVE HUMIDITY. JELCO WARRANTIES DO NOT COVER ANY PAINT AND/OR GRAPHICS PERFORMED BY OTHER SUBCONTRACTORS OR DAMAGE TO THE GREATEST EXTENT PERMITTED SURFACE OR SUBFLOOR CAUSED BY APPLICABLE LAWANOTHER SUBCONTRACTOR. JELCO WARRANTIES DO NOT COVER ANY FINISH APPLIED ON TOP OF GRAPHICS PAINTED BY OTHER SUBCONTRACTORS. THERE ARE NO WARRANTIES, COVERED PARTIES MAKE NO REPRESENTATIONS WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, OR WARRANTIES WHATSOEVERAS OTHERWISE SET FORTH HEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOTHER WARRANTIES, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE ARE MADE, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL AACER FLOORING BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE PURCHASE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITYUSE, OR FROM A COURSE OF DEALING INABILITY TO USE THIS PRODUCT, FOR ANY SPECIAL INDIRECT, INCIDENTIAL OR USAGE OF TRADECONSEQUENTIAL DAMAGES. COVERED PARTIES SPECIFICALLY SOME STATES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE COMBINATIONS EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY BE SELECTED FOR USE BY YOU; THAT VARY FROM STATE TO STATE. YOU’RE RIGHTS AND THE OPERATION LIMITATIONS DESCRIBED ABOVE VARY FROM STATE TO STATE. THUS IT IS IMPORTANT TO RETAIN THIS WARRANTY INFORMATION. NO INSTALLER, RETAILER, DISTRIBUTOR, AGENT, OR OUTPUT EMPLOYEE OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH AACER FLOORING HAS THE RIGHTAUTHORITY TO INCREASE OR ALTER THE OBLIGATIONS OR LIMITATIONS OF THIS WARRANTY. P.O. Xxx 000000 • Xxxxxx, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.Xxxxx 00000 000-000-0000 • fax: 000-000-0000 xxx.xxxxxxxxx.xxx 000-000-0000 fax: 000-000-0000 xxx.xxxxxxxxx.xxx

Appears in 1 contract

Samples: Tips Vendor Agreement

Warranty Exclusions. TO The Warranty does not cover indentations, scratches or damage caused by negligence, water, wet mopping, erosion, pebbles, sand, other abrasives, spiked-heeled shoes, insects, pets, misuse, abuse, accidents, natural wood fibre surface discoloration, extreme environmental conditions, failure to follow all manufacturer’s specific written installation instructions, poor workmanship by installer, improper maintenance, insufficient prevention and/or protection in kitchen workstations and underneath furniture, misuse or improper alterations of original manufactured products, damages resulting from the shifting of the building, or from defects in the base on which the floor is installed. THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A FOREGOING SETS FORTH DuraMagicFloor’S SOLE OBLIGATIONS AND LIABILITY UNDER THE WARRANTY. THE UIPATH MARKETPLACE WARRANTY IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AN EXCLUSIVE REMEDY AND “AS IS,” WITH IS IN LIEU OF ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOTHER REPRESENTATIONS, COVERED PARTIES HEREBY DISCLAIM ALL COLLATERAL AGREEMENTS, CONDITIONS OR WARRANTIES OF ANY NATURE OF KIND, EXPRESS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONLIMITATION ANY CONDITION OR WARRANTY AS TO MERCHANTABLE QUALITY, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DURABILITY, SUITABILITY, QUALITY OR CONDITION OR ANY WARRANTIES CONDITION OR WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, LAW OR IN EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL NO EVENT SHALL DuraMagicFloor OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, COMMERCIAL, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGE OR ANY CLAIM BY A THIRD PARTY, RESULTING FROM THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT OR LOSS OF USE OR THE OPERATION PERFORMANCE OR OUTPUT NON-PERFORMANCE OF DuraMagicFloor PREFINISHED FLOORING PRODUCTS. THE FOREGOING PROVISIONS SHALL APPLY WITH RESPECT TO ANY CLAIM, DEMAND OR ACTION IRRESPECTIVE OF THE UIPATH MARKETPLACE WILL BE ERROR-FREENATURE OF THE CAUSE OF ACTION, ACCURATEINCLUDING BUT NOT LIMITED TO NATURE OF THE BREACH OF CONTRACT, RELIABLEBREACH OF COLLATERAL WARRANTY OR TORT INCLUDING NEGLIGENCE OR MISREPRESENTATION. CERTAIN CONDITIONS, COMPLETE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS WARRANTY ARE NOT PERMITTED OR UNINTERRUPTED; EFFECTIVE IN SOME COUNTIES, THEREFORE SOME OF THE CONDITIONS, EXCLUSIONSAND LIMITATIONSMAY NOT APPLY TO YOU. THIS WARANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY IT IS THE RESPONSIBILITY OF THE CONSUMER TO INFORM HIMSELF OF THE LEGAL RIGHTS THAT ANY APPLY TO HIS SPECIFICSITUATION. THE SOLE REMEDY PROVIDED HEREIN IS THE REPAIR, REFINISH OR ALL ERRORS OR DEFECTS REPLACEMENT, AT THE OPTION OF DuraMagicFloor OF DEFECTIVE PRODUCTS. IN THE UIPATH MARKETPLACE UNLIKELY EVENT THAT XxxxXxxxxXxxxx IS UNABLE TO CORRECT THE FAILURE AFTER A REASONABLE NUMBER OF ATTEMPTS, DuraMagicFloor WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDINGREFUND, WITHOUT LIMITATIONIF REQUESTED, THE UIPATH MARKETPLACE) IS APPROPRIATE PURCHASE PRICE OF THE PORTION OF THE DEFECTIVE FLOOR ON A PRORATE BASIS. ANY ATTEMPT TO REPAIR, REPLACE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES REFINISH THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, FLOOR PRIOR TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSDuraMagicFloor’S INSPECTION AND AUTHORIZED REPAIR ACTIONS WILL VOID THIS WARRANTY.

Appears in 1 contract

Samples: Warranty Agreement

Warranty Exclusions. ESECURITY SOLUTIONS IS BEING ENGAGED ONLY TO PROVIDE THE SERVICES SET FORTH IN THIS AGREEMENT AND IN ORDERS AGREED BY THE PARTIES IN WRITING, INCLUDING ANY AGREED WORK PRODUCT. THE FOREGOING LIMITED WARRANTIES DO NOT APPLY TO MODIFICATIONS TO THE GREATEST EXTENT PERMITTED BY SERVICES OR WORK PRODUCT. ESECURITY SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA AND SHALL NOT BE RESPONSIBLE FOR RESTORING ANY LOST DATA OR SOFTWARE EXCEPT AS SPECIFICALLY DESCRIBED IN THE APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTYORDER. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK LIMITED WARRANTIES DO NOT APPLY TO ANY THIRD-PARTY PRODUCTS OR SERVICES, HOWEVER, AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSPERMITTED, COVERED PARTIES HEREBY DISCLAIM ESECURITY SOLUTIONS WILL PASS THROUGH ANY WARRANTIES FROM SUPPLIERS OF PRODUCTS OR SERVICES. WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTIES, ESECURITY SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDKIND RELATING TO THE SERVICES OR WORK PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR AVAILABLE FOR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESECURITY SOLUTIONS MAKES NO WARRANTY THAT THE SERVICES AND ANY WORK PRODUCT WILL MEET CLIENT’S REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE USE IN ANY PARTICULAR JURISDICTIONOF THE FOREGOING WILL BE SATISFACTORY, ACCURATE OR RELIABLE, OR THAT THE SERVICES OR WORK PRODUCT WILL MEET CLIENT’S EXPECTATIONS. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL REPRESENTATIVES OF ESECURITY SOLUTIONS HAVE NO OBLIGATION WHATSOEVER AUTHORITY TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLEGIVE ANY WARRANTIES ON BEHALF OF ESECURITY SOLUTIONS. CLIENT IS SOLELY RESPONSIBLE FOR THE SCOPE, GOALS AND OVERALL DIRECTION OF THE SERVICES, AS WELL AS THE IMPLEMENTATION OF ANY UIPATH ASSETSCOURSE OF ACTION BASED ON SUCH SERVICES.

Appears in 1 contract

Samples: Master Service Agreement

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Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS STATED IN SECTION 2 HEREOf, COVERED PARTIES 3Com AND ITS --------------------- AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PERM17TED BY APPLICABLE LAW. 3Com DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON4NFRIINGEMENT, IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS AFTER DELIVERY OF THE PRODUCT TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE WARRANTY SET FORTH IN SECTION 2 HEREOF, DOES NOT EXTEND TO ANY WARRANTIES ARISING BY STATUTE PRODUCT, WHICH HAS BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR OTHERWISE IN LAWABUSE; (2) YOUR FAILURE TO FOLLOW 3Com'S INSTALLATION, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTEDMAINTENANCE INSTRUCTIONS; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE3) IS APPROPRIATE UNAUTHORIZED SERVICE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSPARTS.

Appears in 1 contract

Samples: Voice Solutions Reseller Agreement (Lakota Technologies Inc)

Warranty Exclusions. JELCO WARRANTIES DO NOT COVER INDENTATIONS, SCRATCHES, STAINS OR DAMAGE, CAUSED BY NEGLIGENCE, FIRE, WATER, MOISTURE, EXCESSIVE HEAT OR EXCESSIVE DRYNESS, EROSION, PEBBLES, SAND, OR OTHER ABRASIVES, PETS, INSECTS, SPIKED HEEL SHOES, WEATHER CONDITIONS OR NATURAL DISASTERS, COLOR VARIATIONS, NATURALLY OCCURRING WOOD CHARAC- TERISTICS, FAILURE TO FOLLOW ALL THE MANUFACTURER’S WRITTEN MAINTENANCE INSTRUCTIONS, IMPROPER MAINTE- XXXXX, INSUFFICIENT PROTECTION, MISUSE, OR IMPROPER ALTERATIONS OF THE ORIGINAL MANUFACTURED PRODUCT. JELCO WARRANTIES DO NOT COVER NATURAL EXPANSION AND CONTRACTION RESULTING IN SEPRATION BETWEEN BOARDS, OR DAMAGE CAUSED BY LOW OR EXCESSIVE HUMIDITY. JELCO WARRANTIES DO NOT COVER ANY PAINT AND/OR GRAPHICS PERFORMED BY OTHER SUBCONTRACTORS OR DAMAGE TO THE GREATEST EXTENT PERMITTED SURFACE OR SUBFLOOR CAUSED BY APPLICABLE LAWANOTHER SUBCONTRACTOR. JELCO WARRANTIES DO NOT COVER ANY FINISH APPLIED ON TOP OF GRAPHICS PAINTED BY OTHER SUBCONTRACTORS. THERE ARE NO WARRANTIES, COVERED PARTIES MAKE NO REPRESENTATIONS WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, OR WARRANTIES WHATSOEVERAS OTHERWISE SET FORTH HEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOTHER WARRANTIES, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE ARE MADE, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL AACER FLOORING BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE PURCHASE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITYUSE, OR FROM A COURSE OF DEALING INABILITY TO USE THIS PRODUCT, FOR ANY SPECIAL INDIRECT, INCIDENTIAL OR USAGE OF TRADECONSEQUENTIAL DAMAGES. COVERED PARTIES SPECIFICALLY SOME STATES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE COMBINATIONS EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY BE SELECTED FOR USE BY YOU; THAT VARY FROM STATE TO STATE. YOU’RE RIGHTS AND THE OPERATION LIMITATIONS DESCRIBED ABOVE VARY FROM STATE TO STATE. THUS IT IS IMPORTANT TO RETAIN THIS WARRANTY INFORMATION. NO INSTALLER, RETAILER, DISTRIBUTOR, AGENT, OR OUTPUT EMPLOYEE OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH AACER FLOORING HAS THE RIGHTAUTHORITY TO INCREASE OR ALTER THE OBLIGATIONS OR LIMITATIONS OF THIS WARRANTY. X.X. Xxx 000000 • Xxxxxx, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.Xxxxx 00000 000-000-0000 • fax: 000-000-0000 xxx.xxxxxxxxx.xxx 000-000-0000 fax: 000-000-0000 xxx.xxxxxxxxx.xxx

Appears in 1 contract

Samples: Tips Vendor Agreement

Warranty Exclusions. EXCEPT AS STATED IN SECTION 2 HEREOF, 3Com AND ITS AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR 3Com DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTABILITY, OR OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS AFTER DELIVERY OF THE PRODUCT TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE WARRANTY SET FORTH IN SECTION 2 HEREOF, DOES NOT EXTEND TO ANY WARRANTIES ARISING BY STATUTE PRODUCT WHICH HAS BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR OTHERWISE IN LAWABUSE; (2) YOUR FAILURE TO FOLLOW 3Com’S INSTALLATION, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTEDMAINTENANCE INSTRUCTIONS; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE3) IS APPROPRIATE UNAUTHORIZED SERVICE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSPARTS.

Appears in 1 contract

Samples: 3com End User Software License Agreement Terms and Conditions And

Warranty Exclusions. THE WARRANTY, RETURN, AND SHIPPING POLICY SETS OUT THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KINDPRODUCTS. TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAWSLAW, COVERED PARTIES HEREBY DISCLAIM ALL NEITHER SANGOMA, NOR ITS THIRD‐PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND TO ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE PRODUCTS OTHER THAN WHAT IS SET OUT IN THE WARRANTY, RETURN AND SHIPPING POLICY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSMERCHANTIBILITY, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OR NON‐INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY STATUTE SUCH PERSON OR OTHERWISE IN ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EQUITYIN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR FROM A COURSE ECONOMIC DAMAGE OR INJURY TO PROPERTY, LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF DEALING WHETHER SUCH PERSON OR USAGE ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF TRADETHE POSSIBLITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. COVERED PARTIES SPECIFICALLY SOME COUNTRIES, STATES, OR PROVINCES DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL ALLOW FOR THE COMBINATIONS WHICH EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE SELECTED FOR USE BY LIMITED IN THEIR APPLICATION TO YOU; THAT . IF THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN LIMITED TO THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSDURATION OF SANGOMA’S WARRANTY ON XXX.XXXXXXX.XXX/XXXXX .

Appears in 1 contract

Samples: Sangoma End‐user License Agreement

Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWWARRANTY HEREIN DOES NOT APPLY TO, COVERED PARTIES MAKE AND XXXXXXX MAKES NO REPRESENTATIONS WARRANTIES, WHETHER WRITTEN OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDORAL, EXPRESS OR IMPLIED, WITH RESPECT TO THE FOLLOWING: PAINT ON COMPONENTS NOT FABRICATED BY CHEETAH AND METAL PREPARATION NOT COMPLETED BY CHEETAH, INCLUDING FOR EXAMPLE, BUT WITHOUT LIMITATION, WARRANTIES AXLES, RIMS, WHEELS, LANDING GEAR AND SUSPENSIONS. COATINGS APPLIED OVER VENDOR PAINT SYSTEMS. PARTS, ACCESSORIES OR COMPONENTS WHICH ARE NOT DEFECTIVE BUT WHICH, DUE TO WEAR AND TEAR, REQUIRE REPLACEMENT DURING THE WARRANTY PERIOD AS PART OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTSANY PROPER MAINTENANCE PROGRAM, OR OF MERCHANTABILITY OR FITNESS INCLUDING FOR A PARTICULAR PURPOSEEXAMPLE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, BUT WITHOUT LIMITATION, SEALS, GASKETS, LAMPS, AND BRAKE SYSTEM COMPONENTS, PARTS, ACCESSORIES, OR COMPONENTS MADE OR DISTRIBUTED BY OTHER MANUFACTURERS THAT ARE INSTALLED ON THE UIPATH MARKETPLACE) EQUIPMENT IN ACCORDANCE WITH PURCHASER’S SPECIFICATIONS OR REQUIREMENTS. TIRES AND OTHER PARTS, ACCESSORIES, OR COMPONENTS AS TO WHICH A SEPARATE MANUFACTURER’S OR SUPPLIER’S WARRANTY APPLIES. EQUIPMENT WHICH HAS BEEN ABUSED, MISUSED, ALTERED OR IMPROPERLY MAINTAINED, OR WHICH HAS NOT BEEN MAINTAINED AND OPERATED IN ACCORDANCE WITH THE SUGGESTIONS AND INSTRUCTIONS OF THE MANUFACTURER OF THE EQUIPMENT, AS WELL AS PARTS, ACCESSORIES OR COMPONENTS THEREOF. EQUIPMENT WHICH IS APPROPRIATE OPERATED OR AVAILABLE FOR USE USED IN ANY PARTICULAR JURISDICTIONSERVICE AFTER THE CLAIMED DEFECT IS, OR OUGHT TO HAVE BEEN, DISCOVERED. CUSTOMER USES THE UIPATH ASSETS AT PARTS, ACCESSORIES OR COMPONENTS THAT HAVE BEEN REPAIRED OR ALTERED BY ANYONE OTHER THAN CHEETAH OR ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETSAUTHORIZED SERVICE PROVIDER.

Appears in 1 contract

Samples: www.cheetahchassis.com

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