Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users.
Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services:
Limited Warranty and Limitation of Liability. A. Limited Warranty and Customer Remedies. Altova warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Altova shall be substantially as described in Section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Altova’s and its suppliers’ entire liability and your exclusive remedy shall be, at Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Altova’s Limited Warranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty
Limited Warranty and Limitation of Liability. The Company rules concerning liability and warranties (including without limitation Rule 11.7 of the applicable Rulebook(s), and any successor rules thereto) are incorporated herein by reference and apply with the same force and effect as if they were reproduced in their entirety in this Agreement. Those Company rules set out the entire liability of Company to Participant. All other liability of Company under or in connection with this Agreement is excluded, except to the extent that it is not permitted to be excluded by Applicable Law.
Limited Warranty and Limitation of Liability. 6.1 ICEMVO does not warrant that the ICEMVS will be error-free or will operate without interruption. Company’s exclusive remedy for breach of this section 6.1 shall be to notify ICEMVO of the problem, in which event ICEMVO shall use reasonable efforts to correct such problem or provide a work-around.
Limited Warranty and Limitation of Liability. 7.1. Magnet Forensics warrants that all services provided in accordance with the terms of this Agreement shall be provided in a competent, professional manner by persons who are fully trained and qualified in respect of the Software. Magnet Forensics does not represent or warrant that the services provided hereunder will achieve a particular result for Your business, or that the operation of the Software will be error free or uninterrupted, or that all errors in the Software can be found or corrected, although Magnet Forensics shall use commercially reasonable efforts to do so.
Limited Warranty and Limitation of Liability. (a) Standard of Care. Columbia/HCA will provide the Basic ---------------- Services and the Additional Services hereunder (collectively, the "Services") in good faith and with due care consistent with the care that it exercises in performing such Services for itself. LifePoint acknowledges and agrees that Columbia/HCA does not regularly provide Services to third parties as part of its business, and, except as specifically stated elsewhere herein, Columbia/HCA does not otherwise warrant or assume any responsibility for its performance of the Services.
Limited Warranty and Limitation of Liability. 5.1 TAI warrants that it shall perform the Services:
Limited Warranty and Limitation of Liability a. Vision agrees to use its “best efforts” to provide the services required under this Agreement in a prompt manner, but in no event shall Vision be liable for any damages or liabilities, directly or indirectly caused by failure to properly provide any services under this Agreement, by length of down time, or temporary unavailability of personnel due to calls arriving prior to Customer’s call.
