Common use of Limited Warranty Clause in Contracts

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

AutoNDA by SimpleDocs

Limited Warranty. You may obtain without payment a license to evaluate a. Mindjet warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return to discontinue your use of the price paid, or (ii) repair or replacement of licensed software and terminate your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. Any replacement This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software will be warranted made available by Mindjet at no charge, including without limitation any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, MINDJET AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSMINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 4 contracts

Samples: Mindmanager Enterprise End User License Agreement, End User License Agreement, Mindmanager Enterprise End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WARRANTY ON AN "AS TO ITS USE OR PERFORMANCE. AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY PERMITED UNDER APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM BLACKBOARD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES AND CONDITIONSRELATING TO THE SERVICE, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND DATA ACCURACY, SATISFACTORY QUALITY, NON-INFRINGEMENT, WITH REGARD AND/OR QUIET ENJOYMENT. NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS CUSTOMER MAY HAVE, OR THAT THE SERVICE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION. BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO THE SOFTWARE, AND THE PROVISION OR OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ACCURACY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSCONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE. In the event of the Service’s failure to comply with this Agreement, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTthe Customer’s sole remedy shall be to terminate the Agreement. The Customer acknowledges and agrees that the Service is not intended, nor designed, for use in high risk activities, or in any situation where failure of the Service could lead to death, personal injury, or damage to property, or where other damage could result if an error occurred and the parties further agree that, to the extent not prohibited by applicable law, Blackboard shall not be liable for any death, personal injury or damage to property. The Customer also acknowledges and agrees that the primary recourse of the Customer in the event of any actual or potential threat to person or property should be to contact First Responder Services and that the Service is not intended to replace First Responder Services, or to be used for communicating with, or replace notification to, or interoperate directly with, First Responder Services, which should have already been notified and deployed prior to using the Service.

Appears in 3 contracts

Samples: web.ccsd.k12.wy.us, perrishsd.ic-board.com, reedleyweb.s3.us-west-1.amazonaws.com

Limited Warranty. You may obtain without payment a license SUPPLIER WARRANTS FROM THE DATE OF DELIVERY FOR A PERIOD OF ONE YEAR, THAT ALL PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS WITHIN THE LIMITS OF THE APPLICABLE SPECIFICATIONS. THIS IS THE EXCLUSIVE WARRANTY MADE WITH RESPECT TO THE PRODUCTS AND ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ANY CLAIM FOR A BREACH OF EXPRESS WARRANTY MUST BE MADE IN WRITING WITHIN ONE YEAR OF THE DATE OF SHIPMENT OF THE PRODUCT. DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT BY SUPPLIER. SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR ANY LABOR EXPENDED IN REPLACING THE PRODUCT. If Buyer believes any Product is non-conforming or was shipped to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund Buyer in error, then Buyer shall give Supplier prompt written notice of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) alleged defect or error within 10 days from the date of receipt of the SoftwareProduct. Supplier’s sole obligation under the foregoing warranties shall be limited to replacing the non-conforming Product. At Supplier’s election, Saxonica warrants Buyer shall return the Software against Product to Supplier (at Supplier’s expense), make the Product available for inspection by Supplier or its agents at Buyer’s place of business, or destroy the Product (before or after the date of any defects resulting from the electronic transmission process, and inspection at Supplier’s expense). Buyer’s exclusive remedy for breach of any Software media supplied by Saxonica of such warranties will be free enforcement of such obligation of Supplier. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from defects in materials and workmanship. Saxonica'sSupplier, and including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return authorized representative or modifications to or adaptations of the price paid, Product made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product that is not made within ten (ii10) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software days after such Product has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered been received by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBuyer.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limited Warranty. You may obtain without payment a license to evaluate In accordance with the Software for a period terms and conditions of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction this 2-5-10 Limited Warranty, and you agree that no refund of the license fee is available except as specifically provided by excluded or disclaimed in this Agreement. If You have paid a license fee for the Softwaredocument, then for a period of ninety (90) days FLIR warrants, from the date of receipt of the SoftwarePurchase Date, Saxonica warrants the Software against any defects resulting from the electronic transmission process, that all Qualifying Products will conform to FLIR’s published Product specifications and any Software media supplied by Saxonica will be free from defects in materials and workmanshipworkmanship during the applicable Warranty Period. Saxonica'sPURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY, and its suppliers' and resellers'AT FLIR’S SOLE DISCRETION, entire liability and Your exclusive remedy shall beIS THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS IN A MANNER, at Saxonica's optionAND BY A SERVICE CENTER, either (i) return of the price paidAUTHORIZED BY FLIR. IF THIS REMEDY IS ADJUDICATED TO BE INSUFFICIENT, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyFLIR SHALL REFUND PURCHASER’S PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO BUYER WHATSOEVER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication5. Any replacement Software will be warranted for an additional ninety (90) daysWARRANTY EXCLUSIONS AND DISCLAIMERS. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA FLIR MAKES NO OTHER WARRANTY AS TO ITS USE OR PERFORMANCE. OF ANY KIND WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM PRODUCTS. ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE PURCHASER HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEFLIR OF ITS INTENDED USE FOR THE PRODUCTS), AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. THIS WARRANTY EXPRESSLY EXCLUDES ROUTINE PRODUCT MAINTENANCE AND SOFTWARE UPDATES. FLIR FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE ALLEGED NONCONFORMITY IS DUE TO NORMAL WEAR AND TEAR OTHER THAN BATTERIES AND SENSORS, WITH REGARD TO THE SOFTWAREALTERATION, AND THE PROVISION OF OR MODIFICATION, REPAIR, ATTEMPTED REPAIR, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO PROVIDE SUPPORT SERVICESFOLLOW ANY PRODUCT INSTRUCTIONS, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), OR ANY OTHER IMPROPER CARE OR HANDING OF THE PRODUCTS CAUSED BY ANYONE OTHER THAN FLIR OR FLIR’S EXPRESSLY AUTHORIZED DESIGNEE. THIS LIMITED DOCUMENT CONTAINS THE ENTIRE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSAGREEMENT BETWEEN PURCHASER AND FLIR AND SUPERSEDES ALL PRIOR WARRANTY NEGOTIATIONS, AGREEMENTS, PROMISES AND UNDERSTANDINGS BETWEEN PURCHASER AND FLIR. YOU THIS WARRANTY MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING NOT BE ALTERED WITHOUT THE CONFORMANCE EXPRESS WRITTEN CONSENT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTFLIR.

Appears in 3 contracts

Samples: montcalmtownship.com, www.firstoutrescue.com, ledrones.org

Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You may obtain agree that the Font Software is supplied without payment a license to evaluate any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for a period defective Font Software is, upon return of thirty days. By paying a license fee you agree that you have evaluated the defective Font Software to your satisfaction and you agree that no refund the provider of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for Product, either and at the Software, then for a period of ninety (90) days from the date of receipt sole option of the Software, Saxonica warrants provider of the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Product (i) return the replacement of the price paid, defective Font Software or (ii) repair the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or replacement limitations of incidental, consequential or special damages, so the Software that does above exclusion may not meet Saxonica's Limited Warrantyapply to you. This Limited Warranty is void if failure Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the Software has resulted from accidentabove limitations may not apply to you. To the greatest extent permitted by law, abuse, or misapplication. Any replacement Software will be warranted for an additional any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Neither these remedies nor any Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product support services offered by Saxonica are available without proof results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of purchase the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from an authorized sourcejurisdiction to jurisdiction. EXCEPT FOR THE FOREGOINGOther than as expressly set forth herein, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NONthe Font Software is non-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTreturnable and nonrefundable.

Appears in 3 contracts

Samples: Purchase Contract, End User License Agreement, End User License Agreement

Limited Warranty. You may obtain without payment a license For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to evaluate the Software repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Xxxxxx’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund purpose for which it was not intended, vandalism, misuse of the license fee is available except as specifically provided by this AgreementEquipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt The repair of the Software, Saxonica warrants the Software against any defects Equipment by Lessor due to a defect or condition resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an preceding causes shall result in additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcecharges to Lessee. EXCEPT FOR THE FOREGOINGAS SPECIFICALLY PROVIDED HEREIN, THE SOFTWARE IS DELIVERED TO YOU "AS IS" LESSOR DISCLAIMS ANY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWALL WARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TITLETHERE ARE NO CONDITIONS, AND NON-INFRINGEMENTCOVENANTS, WITH REGARD AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SOFTWARE, SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH XXXXXX AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTXXXXXX.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Limited Warranty. You may obtain without payment a license Subject to evaluate the limitations of Section 7, Seller warrants that the Software will execute the programming instructions provided by Seller and that the Goods manufactured by Seller will be free from defects in material and workmanship under normal use and regular service and maintenance for a period of thirty daysone year from the date of shipment of the Goods by Seller, unless otherwise specified by Seller in writing. By paying a license fee you agree Seller does not warrant that you have evaluated the operation of the Software shall be uninterrupted or error free. Consumables, including, without limitation, glass parts and electrodes, membranes, liquid junctions, electrolytes and reagents, o-rings, plastic tubes, elastomers, etc. are warranted to your satisfaction be free from defects in material and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then workmanship under normal use and service for a period of ninety (90) days from the date of receipt of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the Software, Saxonica warrants warranty extended by the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshiporiginal manufacturer. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THESE ARE THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" SOLE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, GOODS AND ITS SUPPLIERS ARE IN LIEU OF AND RESELLERS, DISCLAIM EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICASELLER IN SPECIFICATIONS, TITLEDRAWINGS OR OTHERWISE, AND NON-INFRINGEMENTWHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, WITH REGARD TO THE SOFTWAREaccident, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESabuse, neglect, normal wear and tear, negligence (other than Seller’s), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSTo the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. YOU MAY HAVE OTHERSIf within thirty (30) days after Xxxxx’s discovery of any warranty defects within the warranty period, WHICH VARY FROM STATEBuyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s exclusive remedy, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the Goods found by Seller to be defective. Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All costs of dismantling, reinstallation and freight and the time and expense of Seller’s personnel and representatives for site travel and diagnosis under these warranties shall be borne by Buyer unless accepted in writing by Seller. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTcomponents.

Appears in 3 contracts

Samples: www.revereelectric.com, media.distributordatasolutions.com, www.cxconnect.com

Limited Warranty. You may obtain without payment Monotype Imaging warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a license to evaluate warranty claim, you must, within the Software for a period of thirty days. By paying a license fee you agree that you have evaluated ninety (90) day warranty period, return the Font Software to the location from which you obtained it along with a copy of your satisfaction receipt or, if such Font Software is acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software so as to enable Monotype Imaging to verify the existence and you agree that no date of the transaction. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt to Monotype Imaging to obtain delivery of the Font Software. MONOTYPE IMAGING DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE IMAGING'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Saxonica warrants MONOTYPE IMAGING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE IMAGING BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the Software against exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any defects resulting from implied warranties not effectively excluded by the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional Agreement are limited to ninety (90) days. Neither these remedies nor any Some jurisdictions do not permit a limitation of implied warranties where the product support services offered by Saxonica are available without proof results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype Imaging’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of purchase such liability. This warranty gives you specific legal rights. You may have other rights that vary from an authorized sourcestate to state or jurisdiction to jurisdiction. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NONThe Font Software is non-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTreturnable and nonrefundable.

Appears in 2 contracts

Samples: Software End User License Agreement, Font Software End User License Agreement

Limited Warranty. Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct any material non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 844.584.2329. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you acknowledge and agree that you have evaluated the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by JuiceNet Dashboard being used in accordance with this Agreement. If You have paid a license fee for , the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processapplicable product and service descriptions, and any Software media supplied other instructions provided by Saxonica will be free from defects in materials Enel X; and workmanship(b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. Saxonica'sOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, and its suppliers' and resellers'JUICEBOX, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE JUICENET SOFTWARE IS DELIVERED TO YOU "AND JUICENET DASHBOARD ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAVAILABLE, SAXONICA, AND ENEL X AND ITS SUPPLIERS AND RESELLERSLICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWRITTEN OR ORAL, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGWITH RESPECT TO JUICEBOX, BUT NOT LIMITED TOJUICENET SOFTWARE OR JUICENET DASHBOARD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEOR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, AND NON-INFRINGEMENTOR ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH REGARD IN EACH CASE, TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED FULLEST EXTENT PERMITTED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAPPLICABLE LAW.

Appears in 2 contracts

Samples: Residential Smart Charging Participation Agreement, Residential Smart Charging Participation Agreement

Limited Warranty. You may obtain without payment a license to evaluate Nasdaq warrants that it will calculate the Software Index in accordance with its then applicable method for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund calculation of the license fee is available except as specifically provided by this AgreementIndex. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT LICENSEE'S SOLE REMEDY IN EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE FOREGOINGAFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE INDEX AT THE AFFECTED TIME(S). IN THE EVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NASDAQ WILL REFUND TO THE MAXIMUM EXTENT PERMITTED LICENSEE THE PORTION OF FEES CALCULATED IN SECTION 11. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THAT THE INDEX OR THE MEANS BY APPLICABLE LAWWHICH NASDAQ CALCULATES THE INDEX IS FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, SAXONICASEQUENCE, AND ITS SUPPLIERS AND RESELLERSACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, DISCLAIM OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSCONDITIONS OR WARRANTIES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAUSE OR PURPOSE, TITLEANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENT, WITH REGARD TO OF ANY OTHER WARRANTY OR OBLIGATION ON THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE PART OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSCORPORATIONS. Nasdaq represents and warrants to Licensee that it owns the Index and Marks free and clear of liens, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTpledges or encumbrances, and that it has not granted any rights to any person that may conflict with the Licensee's rights as provided in this Agreement.

Appears in 2 contracts

Samples: License Agreement (Usaa Mutual Fund Inc), License Agreement (Usaa Mutual Fund Inc)

Limited Warranty. You may obtain without payment a license to evaluate the Software GW warrants that, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt delivery of the SoftwareGW Product (the “Warranty Period”), Saxonica it shall perform substantially in accordance with the Documentation. Subscriber‟s sole and exclusive remedy for any breach of the foregoing warranty shall be to have GW or its representatives, at their option, modify such GW Product to correct the defect giving rise to such breach within a reasonable period. If GW is unable to modify the defective GW Product in such a way as to correct the said defect, then, unless GW is able to provide Subscriber with another method of achieving the desired effect, GW shall be entitled to terminate the Agreement by giving written notice thereof. In such event, Subscriber shall be entitled to a refund, of any subscriber fees paid by Subscriber to GW for such defective GW Product. GW warrants that it will perform any Professional Services purchased hereunder in a manner consistent with industry standards reasonably applicable to the Software against any defects resulting from the electronic transmission processperformance of such services. As Subscriber‟s sole and exclusive remedy, and GW‟s sole liability for any Software media supplied by Saxonica will breach of the preceding warranty, GW shall re-perform such services at no additional charge. If the Professional Services are not performed as warranted or the work product does not so comply, then, upon Subscriber‟s written request, GW shall promptly re- perform, or cause to be free from defects in materials re-performed, such Professional Services, at no additional charge to Subscriber. Such warranties and workmanshipother obligations shall only survive for thirty (30) days following the completion of the Professional Services. Saxonica's, and its suppliers' and resellers', entire liability and Your Such re-performance shall be Subscriber‟s exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted and GW‟s sole liability for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcesuch non-performance. EXCEPT FOR THIS LIMITED WARRANTY THE FOREGOING, THE SOFTWARE IS DELIVERED GW PRODUCTS ARE PROVIDED TO YOU "SUBSCRIBER “AS IS" AND SAXONICA MAKES NO .” THIS WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIS GIVEN IN LIEU OF, AND ITS SUPPLIERS AND RESELLERSSUBSCRIBER HEREBY WAIVES, DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES AND CONDITIONSOF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OR ARISING FROM A COURSE OF DEALING OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE USAGE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTRADE.

Appears in 2 contracts

Samples: Subscription and Services Agreement, Subscription and Services Agreement

Limited Warranty. You may obtain without payment a license IMS warrants that the Products sold to evaluate Maxtor shall conform to the Software corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety twelve (9012) days months from the date of receipt by Maxtor. The materials portion of this warranty shall not apply to the extent of defects in the Product directly attributable to the failure of any Materials consigned or supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the SoftwareProducts must be received by IMS no later than fifteen (15) days after the expiration of the warranty period. The warranty does not extend to any Products (i) which have been subjected to misuse, Saxonica warrants neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the Software against any defects resulting from the electronic transmission process, Product. IMS' sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy obligation with respect to defective Products returned under warranty shall be, at Saxonica's IMS' option, either (i) return of the price paid, or (ii) repair or replacement thereof or refund of the Software that does not meet Saxonica's Limited Warrantypurchase price. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationTHE EXPRESS WARRANTY AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIMS MAKES, AND ITS SUPPLIERS HAS MADE, NO OTHER WARRANTIES TO MAXTOR, AND RESELLERS, DISCLAIM IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, IN ANY MANNER OR FORM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAOR NONINFRINGEMENT OF THIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17 ("INDEMNIFICATION")). Maxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., TITLEwhere Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTsituations where the Product unit has been abused or damaged by persons other than IMS).

Appears in 2 contracts

Samples: Manufacturing Services Agreement (International Manufacturing Services Inc), Manufacturing Services Agreement (International Manufacturing Services Inc)

Limited Warranty. You may obtain without payment a license to evaluate Spirit Education warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety sixty (90) days from purchase. Your sole remedy in the date event of receipt a breach of this warranty will be that Spirit Education will, at its option, replace any defective media returned to Spirit Education within the warranty period or refund the money you paid for the Software, Saxonica warrants . Spirit Education does not warrant that the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, meet your requirements or (ii) repair or replacement that operation of the Software will be uninterrupted or that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) dayserror-free. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE ABOVE WARRANTY IS DELIVERED TO YOU "AS IS" EXCLUSIVE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESNONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSOTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICADisclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPIRIT EDUCATION BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PRODUCT USE OR INABILITY TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT USE THE SOFTWARE EVEN IF SPIRIT EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT CONSTITUTE PART ALLOW THE LIMITATION OR EXCLUSION OF ANY CONTRACTLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL SPIRIT EDUCATION LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Good warrants that during the Warranty Period the Software for a period of thirty dayswill conform to the specifications set forth in Good’s relevant documentation. By paying a license fee you agree that you have evaluated The “Warranty Period” begins on the date Good makes the Software to your satisfaction available for electronic download by Customer and you agree that no refund of the license fee is available except as specifically provided by this Agreementends ninety days later. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, Customer's sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall under this limited warranty will be, at SaxonicaGood's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not meet Saxonica's Limited Warranty. This Limited Warranty apply if the Software: (a) is void if failure licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Good; (c) has not been installed, operated, repaired, or maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software has resulted from accidentitself. DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, abuseGOOD MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR ANY THIRD PARTY HARDWARE, or misapplicationSOFTWARE AND SERVICES. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceGOOD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOINGAS EXPRESSLY GRANTED IN THIS AGREEMENT, THE SOFTWARE IS DELIVERED TO YOU "AND ALL RELATED SERVICES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAGOOD EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND ITS SUPPLIERS AND RESELLERSWITHOUT LIMITATION, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT, WITH REGARD NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE SOFTWAREEXTENT AN IMPLIED TERM, AND CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPERIOD.

Appears in 2 contracts

Samples: License and Services Agreement, License and Services Agreement

Limited Warranty. You Seller hereby assigns to the Buyer, to the extent it may obtain without payment a license to evaluate the Software for a period do so, any available warranty of thirty daysits Supplier. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund A copy of the license fee is Seller’s supplier or manufacturer's warranty, if available, will either be delivered to the Buyer by the Seller or made available except as specifically provided by this Agreementto the Buyer upon its request. If You have paid a license fee for the SoftwareSELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, then for a period of ninety (90) days from the date of receipt of the SoftwareEXCLUDING SERVICE, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipIS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THERE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE EXPRESSED, STATUTORILY, IMPLIED, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAOTHERWISE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS NO WARRANTY OF MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICABUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in any of the following events, TITLEnamely: a) Whenever any Products have not been operated, AND NONstored or maintained in accordance with the manufacturer's and the Seller’s instructions; b) Whenever any Products have been handled, stored, repaired, or altered in any way, which may have impaired its safety, operation or efficiency; and c) Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-INFRINGEMENTconforming, WITH REGARD TO THE SOFTWAREthe Buyer shall pay all costs, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERShandling, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTand transportation.

Appears in 2 contracts

Samples: irp.cdn-website.com, dacint.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "SERVICES AND PRODUCTS ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY ON AN “AS TO ITS USE OR PERFORMANCE. AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, RELATING TO THE SERVICES AND CONDITIONSPRODUCTS, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO TITLE, DATA ACCURACY, SATISFACTORY QUALITY, OR THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART ABSENCE OF ANY CONTRACTDEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY RAVE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. Rave does not warrant that the Services or Products will meet Client’s or any Designated Institution’s requirements, that the operation thereof will be uninterrupted or error-free, or that all errors will be corrected. Without limiting the foregoing, the Client acknowledges and agrees that (i) Rave cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, (ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, and (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Client acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, including without limitation, 911 or equivalent, fire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).

Appears in 2 contracts

Samples: Rave Mobile Safety, License and Services Agreement

Limited Warranty. You may obtain without payment a license Quadralay warrants to evaluate you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a period of thirty days. By paying a license fee warranty claim, you agree must return the Software to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have evaluated destroyed all copies of the Software and Documentation, along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to your satisfaction and you agree that no either, at Quadralay's option, the replacement of the Software or the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliersQUADRALAY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QUADRALAY'S OR SUPPLIERS' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceBREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, QUADRALAY AND ITS SUPPLIERS AND RESELLERSMAKE NO WARRANTIES, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO PURPOSE. QUADRALAY PROVIDES THE SOFTWARE, DOCUMENTATION AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, IF ANY, AS IS AND WITH ALL FAULTS. THIS Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS(THIRTY (30)] DAYS); AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART THERE IS NO WARRANTY OR CONDITION OF ANY CONTRACTKIND. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.

Appears in 2 contracts

Samples: License Agreement, Electronic End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Products sold hereunder shall be new and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of receipt shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processsuch Product. Licensor's sole liability to Dell, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'sDell's sole remedy, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that Product which does not meet Saxonica's comply with this Limited Warranty, or (ii) return of the amount paid by Dell for the Product which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is in compliance with this Limited Warranty is void if failure Warranty, Dell shall pay the cost of all charges associated with the Software has resulted from accident, abuse, or misapplicationinspection and shipment of such Product by Licensor. Any replacement Software will be warranted for an additional ninety (90) daysLICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, IMPLIED WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF THAT PURPOSE LICENSOR HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, OF THE POSSIBILITY OF SUCH DAMAGES AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NOTWITHSTANDING ANY FAILURE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWARRANTY.

Appears in 2 contracts

Samples: Software Licensing Agreement (Commvault Systems Inc), Software Licensing Agreement (Commvault Systems Inc)

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareHMH warrants, then for a period of ninety (90) days from the date of receipt commencement of this License Agreement (referred to as the Software"Warranty Period"), Saxonica warrants that the CD- ROM and DVD-ROM discs in which the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is contained are free from defects in materials material and workmanship. Saxonica'sIf during the Warranty Period, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of a defect in the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void appears, Licensee may return the Program to HMH for either a replacement or, if failure so elected by HMH, refund of the Software has resulted from accident, abuse, or misapplicationamounts paid by Licensee under this License Agreement. Any replacement Software will be warranted under warranty for an additional ninety the remainder of the original Warranty Period or 30 days, whichever is longer. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind. In no event shall the warranty herein apply: (90i) daysto Software that has been modified from its standard form as provided by HMH or that is not up to date with all updates, enhancements and new releases/new versions released by HMH, or (ii) to difficulties or defects that are not reproducible or that are due to Licensee’s computer hardware, third party software, environment, operating system or misuse or other causes external to the Software. Neither these remedies nor Licensee agrees that the foregoing constitutes the sole and exclusive remedy for breach by HMH or any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewarranties made under this License Agreement. EXCEPT FOR THE FOREGOINGAS SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, HMH AND ITS SUPPLIERS AFFILIATES AND RESELLERS, LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 2 contracts

Samples: www.hmhco.com, education.scholastic.com

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software Purchaser being in compliance with this Agreement, and provided the Purchaser has only used the goods in accordance with the published specifications and has not otherwise used the goods in violation of Section 17, the Seller warrants (the “Warranty”) that, for a period of thirty days. By paying a license fee you agree that you have evaluated forty-five (45) days after the Software to your satisfaction and you agree that no refund first delivery of the license fee goods to the Buyer (the “Warranty Period”), the sold goods shall substantially conform to Seller’s published specifications during that Warrant Period. In the event the Buyer discovers an alleged defect in the goods which Xxxxx believes will give rise to a claim under the Warranty, the Buyer must report any such alleged defect in writing to Seller within the above described forty-five (45) day Warranty period of Buyer’s discovery of the same (the “Warranty Claims”) otherwise the Warranty covering that alleged defect shall expire. The Warranty Claim must provide a commercially reasonable summary of the alleged defects in the goods. The Buyer must first obtain the written instructions of the Seller before the Purchaser has the right to return any allegedly defective goods to the Seller. Upon Xxxxxx’s receipt of a Warranty Claim, the Seller has the right to inspect the alleged Warranty Claim to verify the alleged defects in the goods and the Purchaser will reasonably cooperate with the Seller for this purpose. In addition, upon Seller’s receipt of a Warranty Claim, and at the Seller’s sole option, the Seller has the right to either repair (using commercially reasonable efforts) or replace the nonconforming goods (the “Remedy”). The Remedy is available except as specifically provided by this AgreementSeller’s sole obligation, and Xxxxx’s exclusive recourse, for all Warranty Claims, including without limitation all claims of defects with respect to any goods. If You the Remedy is adjudicated insufficient however, Seller has the option, at its election, to refund the purchase price paid by Purchaser and Seller shall have paid no further liability to Buyer relating to the subject goods. Buyer shall pay costs of returning goods under a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processWarranty Claim, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy Seller shall be, at Saxonica's option, either (i) return pay the costs of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty sending goods to Buyer after Remedy is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceperformed. EXCEPT FOR THE FOREGOINGEXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9,, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAALL GOODS AND SERVICES PROVIDED BY SELLER ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. EXCEPT FOR THE EXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9, SELLER HEREBY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO ANY OF ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL GOODS OR SERVICES OR ANY OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS PERFORMANCE OR IMPLIEDDELIVERY UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR OTHER WARRANTIES: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD VALIDITY, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR NO LIENS; (B) OF CONFORMANCE TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED ANY SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART DEMONSTRATION OR PROMISE BY OR OF ANY CONTRACTSELLER; OR (C) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Limited Warranty. You may obtain without payment a license Seller warrants that all Products sold to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Buyer will be free from defects of any claim of ownership by third parties and will conform to the manufacturer's specifications in materials effect at the time of manufacture, or such other specifications as shall have been expressly agreed in writing by Xxxxx and workmanshipSeller. Saxonica'sBuyer will inspect all Products for damage, defect or shortage promptly after Xxxxx receives them, and its suppliers' will give Seller prompt notice of any damage, defect or shortage that Buyer finds. The conditions of any test for conformance with specifications shall be mutually agreed upon and resellers'Seller will be notified of, entire liability and Your exclusive remedy shall bemay be represented at, all such tests. If any Product is determined not to conform to the warranty set forth above during the period ending at Saxonica's option, either the earlier of (i) return six months from date of the price paidshipment by Seller, or (ii) repair the applicable “Use By” date set by Seller, if any, then Seller shall, at its option, either replace the defective Product or replacement of refund the Software that does purchase price. Defective Products shall not meet Saxonica's Limited Warrantybe returned by Buyer until authorized by Seller. This Limited Warranty remedy is void if failure Xxxxx’s exclusive remedy for breach of warranty. If applicable law prohibits this limitation of Xxxxx’s remedies, then Seller agrees that the Software has resulted maximum amount Buyer may claim from accident, abuse, or misapplicationSeller is twice the net purchase price Buyer actually paid Seller for Product determined to be defective. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. GIVEN ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWORIGINAL PURCHASER, SAXONICA, IT MAY NOT BE TRANSFERRED OR ASSIGNED AND ITS SUPPLIERS AND RESELLERS, DISCLAIM DOES NOT EXTEND TO ANY SUBSEQUENT PURCHASER OR TRANSFEREE OF PRODUCTS. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPURPOSE.

Appears in 2 contracts

Samples: Conditions of Sale, www.hexion.com

Limited Warranty. You may obtain without payment If you are obtaining access to the System directly from the Company (and not a license Company Partner), then the Company warrants that, when used with a recommended hardware configuration, the System will perform in substantial conformance with the documentation supplied with the System. Your exclusive remedy under the preceding limited warranty is to evaluate report the Software for noncompliance to the Company, upon which the Company will use reasonable commercial efforts to correct the non-conformance so that the System substantially conforms to the foregoing warranty, or, if Company is not able to correct the non-conformance within thirty (30) days after receipt of your report, terminate your subscription and refund to you a period pro rata portion of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license subscription fee for the Softwareunearned portion of your subscription to the System. Any misuse, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, modification or misapplicationmisapplication of the System will void the warranty above. Any replacement Software will be warranted for an additional ninety (90) daysTHIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SYSTEM. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceIF YOU ARE OBTAINING ACCESS TO THE SYSTEM FROM OR THROUGH A COMPANY PARTNER, YOU MUST REPORT AND PROVIDE ANY WARRANTY CLAIMS DIRECTLY TO SUCH COMPANY PARTNER, AND YOU WAIVE ANY RIGHT TO MAKE ANY WARRANTY CLAIM DIRECTLY AGAINST THE COMPANY. EXCEPT FOR THE FOREGOINGAS EXPRESSLY STATED HEREIN, THE SOFTWARE SYSTEM IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW", SAXONICAAT YOUR OWN RISK, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER WITHOUT EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND OR NON-INFRINGEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT THE INTEROPERABILITY OF THE SYSTEM WITH REGARD TO THIRD-PARTY SYSTEM OR DEVICES MAY BE DEPENDENT ON THE SOFTWAREACTIONS OF THIRD PARTIES THAT ARE BEYOND THE COMPANY’S CONTROL, AND FOR WHICH THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESCOMPANY ASSUMES NO LIABILITY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSWe will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the System. YOU MAY HAVE OTHERSSome states do not allow the types of disclaimers in this paragraph, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTso they may not apply to you.

Appears in 2 contracts

Samples: kno2.com, careforwardindex.com

Limited Warranty. You may obtain without payment Cummins shall perform the Services in a license to evaluate reasonable and workmanlike manner. Parts and components purchased or supplied under this Agreement are governed by the Software express written manufacturers’ warranty. No other warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee parts or components supplied during Services provided under this Agreement is available except as specifically provided by under this Agreement. If You have paid a license fee for the Software, then All Services shall be free from defects in workmanship for a period of ninety (90) days from after completion of Services. In the date event of receipt a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), Cummins’ obligation shall be solely limited to correcting the Software, Saxonica warrants Warrantable Defect. Cummins shall correct the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Warrantable Defect where (i) return of such Warrantable Defect becomes apparent to Customer during the price paid, or warranty period; (ii) repair or replacement Cummins receives written notice of the Software Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that does not meet Saxonica's Limited Warrantythere is a Warrantable Defect. This Limited Warranty is void if failure Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the Software has resulted from accident, abuse, or misapplicationoriginal warranty of the Services. Any replacement Software will be New parts supplied during the remedy of Warrantable Defects are warranted for an additional ninety (90) daysthe balance of the warranty period still available from the original warranty of such parts. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, REMEDIES PROVIDED IN THIS LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOFTWARE IS DELIVERED TO YOU "AS IS" SOLE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEEXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS AND CUMMINS INC. TO THE MAXIMUM CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, CUMMINS AND ITS SUPPLIERS AND RESELLERS, CUMMINS INC. EXPRESSLY DISCLAIM ALL OTHER WARRANTIES REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONSCONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITYTITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA8. INDEMNIFICATION. Customer shall indemnify, TITLEdefend and hold harmless Cummins and Cummins Inc. from and against any and all claims, AND NON-INFRINGEMENTactions, WITH REGARD TO THE SOFTWAREcosts, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESexpenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins and/or Cummins Inc. related to or arising out of this Agreement or the Services, or parts supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSCustomer shall present any Claims covered by this indemnity, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTincluding any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

Appears in 2 contracts

Samples: Planned Maintenance Agreement Terms And, Planned Maintenance Agreement Terms and Conditions

Limited Warranty. You may obtain without payment a license Seller warrants that its Products furnished under this Agreement will conform to evaluate and perform in accordance with Seller’s published specifications for such Products as in effect on the Software for a period date of thirty days. By paying a license fee you agree that you have evaluated shipment (within the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then deviations specified therein) for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipshipment. Saxonica's, and its suppliers' and resellers', entire Seller’s liability and Your exclusive Buyer’s sole remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) under this warranty is limited to repair or replacement of items determined by Seller to be defective or, at Seller’s sole option, refund of the Software that does purchase price paid Seller for such items. Seller shall have no liability under this warranty unless Seller is notified in writing promptly upon Buyer’s discovery of the defect and the defective items are returned to Seller, freight prepaid, and received by Seller not meet Saxonica's Limited Warrantylater than ten (10) days after expiration of the warranty period. This Limited Warranty is void if warranty shall not apply to any defect or failure to perform resulting from misapplication, improper installation, improper operation, abuse or contamination, whether internal or external, and Seller shall have no liability of any kind for failure of any equipment or other items in which the Software has resulted from accidentproducts are incorporated. This warranty shall not apply to products manufactured by Seller to Buyer’s designs or specifications, abuse, or misapplicationand no warranty is given as to such products. Any replacement Software Seller warrants to Buyer that services provided hereunder will be warranted for an additional performed in a reasonable, workmanlike manner. Seller will have no liability under this warranty unless Seller is given written notice of the claimed breach and a description thereof within ninety (90) daysdays after the service is rendered. Neither these remedies nor any product support Seller’s entire liability and Buyer’s sole remedy under this warranty shall be limited to the provision of such remedial or replacement services offered by Saxonica are available without proof of purchase from an authorized sourceas Seller reasonably determines necessary to correct the breach. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, ARE GIVEN AND ITS SUPPLIERS ACCEPTED IN LIEU OF ANY AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. Remedies of Buyer for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, TITLEincluding, AND NON-INFRINGEMENTwithout limitation, WITH REGARD TO THE SOFTWAREincidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions is authorized by Seller and may not be relied upon unless in writing and signed by the President or a Vice President of Seller. No representation or affirmation of Seller, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESwhether by words or action, shall be construed as a warranty. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSIf any model or sample was shown to Buyer, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTsuch model or sample was used merely to illustrate the general type and quality of the products and not to represent that the products would necessarily conform to the model or sample.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement (Cree Inc)

Limited Warranty. You may obtain without payment a license to evaluate the Software for For a period of thirty days90 days after delivery, Ambor warrants that the Font Software will substantially perform as outlined in the user documentation in effect at the time of the commencement of this license. By paying a license fee you agree Ambor will correct substantial malfunctions occurring during this warranty period provided that you have evaluated the Software to such malfunctions are reproducible, your satisfaction product is properly registered, and you agree that no refund give immediate notice and sufficient detail of such malfunctions to Ambor. Such corrections generally will be incorporated into new revisions of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Font Software, then for a period or until the release of ninety (90) days from the date such new revisions into temporary versions, at Ambor’s discretion. The correction may also be achieved by delivery of receipt new versions of the Software, Saxonica warrants Font Software in which case the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that warranty does not meet Saxonica's Limited Warrantycover such additional functionality and performance. This Limited Warranty is void if failure of Ambor will have no responsibility in the event you fail to provide proof you licensed the Font Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized Ambor source. Disclaimer; No Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, THE FONT SOFTWARE IS PROVIDED “AS IS.” XXXXX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, AMBOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, INCLUDINGWHETHER BY STATUTE, BUT NOT LIMITED TOCOMMON LAW, IMPLIED WARRANTIES CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICATHIRD PARTY RIGHTS, TITLE, AND NON-INFRINGEMENTINTEGRATION, WITH REGARD SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for the Font Software is nonreturnable and nonrefundable. Damages Limitations. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMBOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FONT SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSHOWEVER CAUSED, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE REGARDLESS OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSTHEORY OF LIABILITY (CONTRACT, ARE MADE IN GOOD FAITH BUT TORT OR OTHERWISE) AND EVEN IF AMBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE LIMITATION OF ANY CONTRACTLIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ambor’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Appears in 2 contracts

Samples: Ambor End User License Agreement, License Agreement

Limited Warranty. You may obtain without payment a license to evaluate a. Corel warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, Your sole remedy in the event of a breach of this warranty will be that Corel will replace any defective media returned to Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, Your sole remedy will be that Corel shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Corel is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and to discontinue Your exclusive remedy shall be, at Saxonica's option, either (i) return use of the price paid, or (ii) repair or replacement of licensed software and terminate Your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Corel or its authorized representative; and (c) Corel receives written notice of the non-conformity within the warranty period. Any replacement This is Your sole and exclusive remedy for a breach of this limited warranty and Corel’s sole and entire liability. The foregoing excludes Software will be warranted made available by Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, COREL AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSCOREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct anymaterial non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at or by calling at 844.584.2329. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you acknowledge and agree that you have evaluated the JuiceBox, the JuiceNet Software, and the JuiceNet user interfaces are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by JuiceNet user interfaces being used in accordance with this Agreement. If You have paid a license fee for , the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processapplicable product and service descriptions, and any Software media supplied other instructions provided by Saxonica will be free from defects in materials Enel X; and workmanship(b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. Saxonica'sOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, and its suppliers' and resellers'JUICEBOX, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE JUICENET SOFTWARE IS DELIVERED TO YOU "AND JUICENET USER INTERFACES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAVAILABLE, SAXONICA, AND ENEL X AND ITS SUPPLIERS AND RESELLERSLICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWRITTEN OR ORAL, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGWITH RESPECT TO JUICEBOX, BUT NOT LIMITED TOJUICENET SOFTWARE OR JUICENET USER INTERFACES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEOR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, AND NON-INFRINGEMENTOR ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH REGARD IN EACH CASE, TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED FULLEST EXTENT PERMITTED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAPPLICABLE LAW.

Appears in 1 contract

Samples: Participation Agreement

Limited Warranty. You The Ancillary Products may obtain without payment a license to evaluate be “New” or “Used” Ancillary Products. In the Software for a period event of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund any defect, Lessee shall notify Lessor within two (2) days of the license fee is occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareAncillary Products. In any event, then for a period the liability of ninety (90) days from Lessor shall be limited solely to the date repair of receipt of defects in, or, the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyAncillary Products at Lessor’s sole option. This Limited Warranty is void if failure Lessor shall have no liability for the repair of any defect or condition resulting from: Lessee’s relocation of the Software has resulted from accident, abuseAncillary Products; utilities connection; alteration of the Ancillary Products; use of the Ancillary Products for a purpose for which it was not intended; vandalism; misuse of the Ancillary Products; excessive wear and tear, or misapplicationfailure to provide notice to Lessor of needed repairs or maintenance. Any replacement Software will be warranted for an The repair of the Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional ninety (90) dayscharges to Lessee. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" LESSOR DISCLAIMS ANY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED RELATED TO THE ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND NON-INFRINGEMENT, “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF USAGE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE CONDITION OF THE PRODUCT ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWRITING BY BOTH LESSOR AND LESSEE.

Appears in 1 contract

Samples: Lease Agreement

Limited Warranty. QSM warrants to You may obtain without payment a license to evaluate the Software that, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) 90 days from the date of receipt of the Softwareoriginal receipt, Saxonica warrants (I) the Software against any defects resulting will not, under normal use and service, deviate materially from the electronic transmission processapplicable specifications contained in the Related Materials, and any Software media supplied by Saxonica (ii) the Related Materials will be free from defects defect in materials and workmanship. Saxonica'sIf any such deviation appears during such 90 day period in the Products, and its suppliers' and resellers'QSM will use commercially reasonable efforts to correct such deviation in a manner consistent with the support services that QSM provides for the Products. If, entire liability and Your exclusive remedy shall bedespite such commercially reasonable efforts QSM is unable to correct such deviation, at Saxonica's optionsuch items may be returned to QSM for replacement, either (i) return without charge. With regard to material defects in the Related Materials, such items may be returned to QSM for replacement, without charge. This warranty does not cover defects arising from modifications or misuse of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceProducts. EXCEPT FOR THE FOREGOINGAS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS DELIVERED TO YOU "AND RELATED MATERIALS ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. OTHER WARRANTIES ARE PROVIDED BY QSM WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCTS WHETHER EXPRESS, SAXONICAIMPLIED, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, INTEGRATION, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF OR ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, QSM MAKES NO WARRANTY THAT PURPOSE HAS BEEN NOTIFIED ANY LICENSED MATERIALS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER THIRD PARTY SOFTWARE OR HARDWARE SELECTED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO OR THAT THE SOFTWARE, AND THE PROVISION OF SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSINFORMATION PROVIDED BY QSM WILL CREATE A WARRANTY. YOU MAY HAVE OTHERSASSUME TOTAL RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM YOUR USE OF, WHICH VARY FROM STATE/JURISDICTION OR INABILITY TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAUSE, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF SOFTWARE OR ANY CONTRACTRELATED MATERIALS.

Appears in 1 contract

Samples: Hosted Software License Agreement

Limited Warranty. You may obtain without payment a license GautFonts warrants to evaluate you that the Software Commercial Fonts will perform substantially in accordance with its documentation for a the thirty (30) day period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund following delivery of the license fee is available except Commercial Fonts. To make a warranty claim, you must, within the thirty (30) day warranty period, contact GautFonts and provide sufficient information regarding your acquisition of the Commercial Fonts so as specifically provided by this Agreement. If You have paid a license fee for to enable GautFonts to verify the Software, then for a period of ninety (90) days from the existence and date of receipt of the Softwaretransaction. The entire, Saxonica warrants the Software against any defects resulting from the electronic transmission process, exclusive and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire cumulative liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of be that GautFonts will use commercially reasonable efforts to cause the price paid, or (ii) repair or replacement of Commercial Fonts to conform to the Software that does not meet Saxonica's Limited Warrantydocumentation as soon as commercially practicable. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationGAUTFONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONTS SOFTWARE. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GAUTFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA GAUTFONTS MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL GAUTFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE FOUNDRY HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF GAUTFONTS HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. You may have other rights that vary from province to province or jurisdiction to jurisdiction. The Commercial Fonts is non-returnable and nonrefundable.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. If You may obtain without payment a license to evaluate follow the Software for a period Documentation and comply with the terms and conditions of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica Palisade warrants the Software against any defects resulting from will perform substantially as described in the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Documentation during the warranty period (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty”). This Limited Warranty is void if failure of covers the Software has resulted from accidentfor 90 days after the initial Activation ID is provided by Palisade “Warranty Period”. This Limited Warranty does not cover problems caused by Your acts (or failure to act), abusethe acts of others, or misapplicationevents beyond Palisade's reasonable control. Any replacement In the event the Software does not meet this Limited Warranty, Palisade will be warranted repair or replace the Software at no charge. If Palisade cannot repair or replace the Software, Palisade will refund the amount shown on Your paid invoice for an additional ninety (90) daysthe Software. Neither these You must deactivate the Software to obtain a refund. These are Your only remedies nor any product support services offered by Saxonica are available without proof for breach of purchase from an authorized sourcethis Limited Warranty. PALISADE PROVIDES SUPPORT SERVICES WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR AS EXPRESSLY SET FORTH IN THE FOREGOINGSECTION, THE SOFTWARE IS DELIVERED TO YOU "AS IS" PALISADE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. SUPPLIERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSREPRESENTATIONS OF ANY KIND WITH REGARD TO THE SOFTWARE, EITHER EXPRESS SUPPORT SERVICES, OR ANY OTHER PROFESSIONAL SERVICES SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT WHETHER EXPRESS, IMPLIED, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, : (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, WITH REGARD TO ACCURACY, EFFECTIVENESS, CURRENCY OR COMPLETENESS OF THE SOFTWARE, AND THE PROVISION OF DOCUMENTATION OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSPALISADE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SOFTWARE OR SUPPORT SERVICES WILL BE ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, SECURE, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS. PALISADE'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF PALISADE'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR USE OF THE SOFTWARE IN COMBINATION WITH ANY SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING ARE SOLELY RESPONSIBLE FOR THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTLICENSED DEVICE.

Appears in 1 contract

Samples: Software End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Xxxxxx warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for media containing the Software, then for a period of ninety (90) days from the date of receipt of the Softwareif provided by Xxxxxx, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is free from defects in materials and workmanshipworkmanship and will remain so for 90 days from the date you acquired the Software. Saxonica's, and its suppliers' and resellers', entire Xxxxxx’x sole liability and Your exclusive remedy for any breach of this warranty shall be, at Saxonica's optionin Xxxxxx’x discretion, either (i) return to repair or replace your defective media without charge or to refund the license fee you paid for the Software. Defective media may be returned for replacement or refund during the 90-day warranty period unless the media has been damaged by your actions or while under your control. Due to the complex nature of computer software, Xxxxxx does not warrant that the Software is completely error-free, will operate without interruption, or is compatible with all equipment and software configurations. You expressly assume all risk for use of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantySoftware. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA XXXXXX MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER WARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SOFTWARE AND/OR THE PRINTED MATERIALS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NO WARRANTY OF OR FAILURE TO PROVIDE SUPPORT SERVICESNONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO DEALER, AGENT OR EMPLOYEE OF XXXXXX IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. You may have others, which vary from state to state. Exclusion of Damages: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL XXXXXX OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU MAY OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF XXXXXX’X LIST PRICE FOR A LICENSE TO THE SOFTWARE AND/OR PRINTED MATERIALS, EVEN IF XXXXXX SHALL HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE BEEN INFORMED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF OR FOR ANY CONTRACTCLAIM BY ANY OTHER PARTY. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate a. Corel warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, Your sole remedy in the event of a breach of this warranty will be that Corel will replace any defective media returned to Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, Your sole remedy will be that Corel shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Corel is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and to discontinue Your exclusive remedy shall be, at Saxonica's option, either (i) return use of the price paid, or (ii) repair or replacement of licensed software and terminate Your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Corel or its authorized representative; and (c) Corel receives written notice of the non-conformity within the warranty period. Any replacement This is Your sole and exclusive remedy for a breach of this limited warranty and Xxxxx’s sole and entire liability. The foregoing excludes Software will be warranted made available by Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, COREL AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSCOREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software limitations of Section 6, Seller warrants that it will perform the Work as described in this Agreement and will exercise all reasonable skill, care and due diligence in the performance of the Work and shall perform the Work in accordance with professional practice. Seller warrants that all Work performed shall be free from faulty workmanship for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from completion of Work. To the extent assignable, Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of goods and parts. For goods manufactured by Seller, Seller's standard warranty that is applicable to the goods at the time of purchase is the only warranty applicable to the sale of Seller's goods and its terms, conditions and limitations are incorporated by reference herein. For parts manufactured by Seller or Work that is a Modification, the warranty shall be one (1) year from the date of receipt shipment of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied such by Saxonica will be free from defects in materials and workmanshipSeller. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, A “Modification” is integrating new controls and/or switchgear components into existing switchgear or (ii) repair upgrading an automatic transfer switch with new components or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceaccessories. EXCEPT FOR THE FOREGOINGAS SPECIFIED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS GOODS AND PARTS NOT MANUFACTURED BY SELLER ARE FURNISHED HEREUNDER ARE FURNISHED AS- IS" AND SAXONICA MAKES , WHERE-IS, WITH NO WARRANTY AS TO ITS USE OR PERFORMANCEWHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION 7 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, WORK AND ITS SUPPLIERS ARE IN LIEU OF AND RESELLERS, DISCLAIM EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SELLER IN SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller that is used in (i) the selection of the Work and (ii) the preparation of Seller's quotation and/or scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Work, either alone or in combination with other goods or services.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. You may obtain without payment a license Seller warrants to evaluate the Software for a period of thirty days. By paying a license fee you agree Buyer that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt shipment of the SoftwareGoods (“Warranty Period”), Saxonica warrants that such Goods will materially conform to the Software against any defects resulting specifications delivered by Seller to Buyer in writing, subject to industry standard tolerances and variations and those set forth in Seller’s completed customer requirements form submitted by Buyer to Seller from time to time. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 9, SELLER HEREBY DISCLAIMS AND BUYER HEREBY WAIVES ANY AND ALL OTHER WRITTEN OR ORAL WARRANTIES WITH RESPECT TO THE GOODS, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. The Seller shall not be liable for a breach of the electronic transmission processwarranty set forth in this Section 9, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either unless: (i) return Buyer gives written notice of the price paiddefect, reasonably described, to Seller within five (5) days of the time when Xxxxx discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Xxxxx’s claim that the Goods are defective. The Seller shall not be liable for a breach of the warranty set forth in this Section 9 if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller. Subject to terms and conditions contained herein, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) repair credit or replacement refund the price of such Goods at the Software that does not meet Saxonica's Limited Warrantypro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such Goods to Seller. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT THE REMEDIES SET FORTH IN THIS SECTION 9 SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO LIMITED WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICASET FORTH IN THIS SECTION 9, AND BUYER ACCEPTS THE SAME AS ITS SUPPLIERS ENTIRE RIGHT AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES SOLE REMEDY IN RELATION TO ANY BREACH BY SELLER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE SET FORTH IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTHIS SECTION 9.

Appears in 1 contract

Samples: Terms of Sale

Limited Warranty. You may obtain without payment a license Goods manufactured by Seller are warranted only to evaluate the Software for a period extent that Seller will furnish replacement parts, free of thirty dayscharge, F.O.B. shipping location; or at the option of Seller, refund the purchase price of any product which, when properly stored, transported, installed and used as recommended by Seller and in accordance with the best installation and operating practices and techniques, is proven to be defective in material or workmanship within one (1) year from the date of shipment. By paying a license fee you agree that you have evaluated Buyer shall provide Seller immediate notice of any defect and allow Seller the Software opportunity to your satisfaction inspect the same at the place of installation. Any defect caused by the custom specifications of Buyer is excluded from this warranty. In addition, goods sold by Seller which are manufactured by others are warranted only to the extent of, and you agree that no refund are limited to, the warranty of the license fee is available except as specifically provided by this Agreementmanufacturer. If You have paid a license fee In the event Seller performs any pipe joint fusing services for the Softwareor on behalf of Buyer, then Seller warrants, for a period of ninety (90) days from following the date a fused pipe joint was made, that any such joint will not fail to the extent caused by the faulty workmanship of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, Seller. Xxxxx’s sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy against Seller for a breach of this warranty shall be, be at Saxonica's Seller’s option, either (i) to return of to Buyer the price paidamounts paid for such services, or (ii) repair or replacement of for Seller to re-perform the Software that does not meet Saxonica's Limited Warrantyallegedly defective services. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM WARRANTIES SET FORTH ABOVE ARE MADE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGAND BUYER ACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTIES, BUT THE GOODS AND SERVICES ARE PROVIDED “AS IS.” SELLER DOES NOT LIMITED TOMAKE, AND EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLENON- INFRINGEMENT, AND NON-INFRINGEMENTTHOSE WARRANTIES ARISING FROM ANY TRADE USAGE OR FROM ANY COURSE OF DEALING OR PERFORMANCE. Buyer Warranty and Representation: Buyer warrants that it has not relied on any representation made by Seller which has not been stated expressly in writing or upon any descriptions, WITH REGARD TO THE SOFTWAREillustrations or specifications contained in any marketing or other publicity material produced by Seller. Further, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESXxxxx acknowledges that to the extent Seller has made any representation which is not otherwise expressly stated in writing, the Buyer has been provided with an opportunity to independently verify the accuracy of any such representation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.11_17

Appears in 1 contract

Samples: isco-pipe.a2hosted.com

Limited Warranty. You may obtain without payment a license to evaluate Because of uncertain or unknown conditions and incidental hazards under which the Software is used, i-PRO Americas does not warrant or guarantee that any particular result will be achieved. i-PRO Americas disclaims all liability and responsibility for a period damages or other loss caused by any independent supplier/installer of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction or other third-party. The sole and you agree that no refund of the license fee is available except as specifically exclusive warranty provided by this Agreementi-PRO Americas is that (1) the media on which the Software is furnished will be free of defects in materials and workmanship; and (2) the Software substantially conforms to its published specifications (the “Limited Warranty”). If You have paid a license fee The Software is warranted only for its initial installation. This warranty shall survive inspection of, payment for and acceptance of the Software, then for a period of but in any event, shall expire ninety (90) days from after the date of receipt of you receive the Software, Saxonica warrants unless prohibited by law. Any supplements or updates to the Software, including without limitation service packs (if any) or hot fixes provided to You after the expiration of the ninety-day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. Except for the Limited Warranty as set forth herein, i-PRO Americas provides the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "(if any) “AS IS" AND SAXONICA MAKES WITH ALL FAULTS. THERE ARE NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS(NOR REPRESENTATIONS) HEREUNDER OR ELSEWHERE MADE BY i-PRO Americas, EITHER EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEOF GOOD AND WORKMANLIKE PERFORMANCE, AND NON-INFRINGEMENT, ALL WITH REGARD TO THE SOFTWARE, SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT DISCLAIMED BY i-PRO Americas AND EXCLUDED FROM THIS AGREEMENT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NO AFFIRMATION WHETHER BY WORDS OR ACTIONS BY i-PRO Americas, ITS AGENTS, EMPLOYEES OR REPRESENTATIVES SHALL CONSTITUTE PART OF ANY CONTRACTA WARRANTY.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. 1.1 The Licensor hereby represents, warrants and undertakes to You may obtain without that: a. the Licensor has full right and title to grant this License and neither the entering of this License nor the performance by the Licensor of its obligations will cause it to be in breach of any License to which it is a party or is subject; b. the use by You of Procurement Exchange shall not infringe any copyright, trademark, registered design, or similar or other intellectual property rights of any third party, nor give rise to payment by You of any royalty to any third party or to any liability to pay compensation to a license third party. 1.2 You acknowledge that: a. the acknowledgments in the declaration at the beginning of this License are correct; b. no promise, representation or warranty or undertaking has been made or given by the Licensor, or any person or company on its behalf, in relation to the profitability of, or any other consequences or benefits to be obtained from the delivery or use of Procurement Exchange or any accompanying manuals, and written materials, other than those advised by the Licensor at xxx.xxxxxxxxxxxx.xxx, and acknowledged by the Licensor before using Procurement Exchange; c. You are not entitled to rely on any representations unless they are acknowledged by return e-mail by the Licensor; d. no other representations have been made or relied on by You; and e. the entire risk as to the quality, performance and suitability of Procurement Exchange is borne by You, and it is Your responsibility to thoroughly test and evaluate Procurement Exchange framework at all stages before paying the Software for a period Fees as detailed in Xxxxxxxx # 0 – ‘Pay as you go’ Pricing, Purchase Blocks of thirty daysTasks. By paying a license fee you agree 1.3 Subject to clause 1.2 above, You acknowledge that you have evaluated intend to use the Software Trial portal to your satisfaction assess the suitability of Procurement Exchange; 1.4 The Licensor cannot and you agree does not warrant that no refund Procurement Exchange framework is totally error free or that Procurement Exchange programs may not, in some circumstances, fail to function. If Procurement Exchange contains errors or Procurement Exchange programs fail to function, the Licensor will endeavor to remedy the defects in subsequent upgrades. 1.5 To the full extent permitted by the laws applicable to this License, any conditions or warranties imposed by such laws are hereby excluded. Insofar as liability under or pursuant to any legislation may not be excluded, such liability is limited to replacement of Procurement Exchange or correction of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipProcurement Exchange material. Saxonica's1.6 Except to the extent provided above, and its suppliers' and resellers'under no circumstances shall the Licensor or any agent, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.related company or

Appears in 1 contract

Samples: User Licensing Agreement

Limited Warranty. You may obtain without payment Buyer hereby agrees and acknowledges that it will look solely to the manufacturer of any Goods with respect to any alleged breach of such manufacturer’s warranty. In the event that Xxxxx seeks any remedy from a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund manufacturer of the license fee Goods for breach of such manufacturer’s warranty, Xxxxx acknowledges and agrees that Seller is available except as specifically provided by this Agreementnot responsible for reimbursement of disposal, labor or freight charges incurred to replace materials. If You have paid requested by Seller, materials for which a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica warranty claim is made will be free from defects in materials and workmanshipreturned to Seller - transportation prepaid by Xxxxx. Saxonica'sSeller extends no warranty, and its suppliers' and resellers'express or implied, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of with respect to the price paid, Goods or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyServices. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO SELLER EXPRESSLY LIMITS ITS WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, TERMS SET FORTH ABOVE AND ITS SUPPLIERS AND RESELLERS, DISCLAIM HEREBY EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED IN PARTICULAR EXCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, (C) WARRANTY OF TITLE, AND NON-INFRINGEMENTOR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WITH REGARD WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SELLER LIKEWISE LIMITS THE REMEDIES AVAILABLE TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THOSE SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES WHATSOEVER. IN NO EVENT SHALL THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSBE EXPANDED BY ANY ADVICE, EXPERIMENTATION OR OTHER PARTICIPATION WHICH SELLER MAY RENDER IN THE DESIGN OR DEVELOPMENT OF MATERIALS, TOOLS, MOLDS, PARTS, ETC., FOR BUYER'S USE OR FOR BUYER’S PRODUCTS, WHETHER RELATED TO FUNCTIONAL OR AESTHETIC PURPOSES. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE LIMITED WARRANTY SET FORTH IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTTHIS SECTION.

Appears in 1 contract

Samples: www.burnhamins.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE, OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Software Product and Service (including, without limitation, the Game Software, the Manual(s), and Documentation) remains with the user. However, Hi-Rez warrants that the media containing the Software Product, if applicable, will be free from defects in material and workmanship for a period of thirty (30) calendar days from the date of your purchase of the software product. In the event that such media proves to be defective during such thirty (30) calendar day period, and upon presentation to Hi-Rez, or the retailer from whom you purchased the software product, of proof of your purchase, Hi-Rez, or the retailer will, at its sole options, (a) correct the defect in material and workmanship in the media containing the Software Product, (b) provide you with a similar product of similar value, or (c) refund the money you paid for the Software Product. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH ABOVE. EXCEPT FOR THE FOREGOING WARRANTY WITH RESPECT TO SAXONICADEFECTIVE MEDIA, THE SOFTWARE PRODUCT (INCLUDING, WITHOUT LIMITATION, THE GAME SOFTWARE, THE MANUAL(S), ALL DOCUMENTATION, AND CONTENT) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENT. Some states do not allow the exclusion or limitation of implied warranties, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTso the above limitations may not apply to you.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Products sold hereunder shall be new and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of receipt shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processsuch Product. Licensor's sole liability to Dell, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'sDell's sole remedy, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that Product which does not meet Saxonica's comply with this Limited Warranty, or (ii) return of the amount paid by Dell for the Product which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is in compliance with this Limited Warranty is void if failure Warranty, Dell shall pay the cost of all charges associated with the Software has resulted from accident, abuse, or misapplicationinspection and shipment of such Product by Licensor. Any replacement Software will be warranted for an additional ninety (90) daysDell Confidential 3 LICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THIS LIMITED WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, IMPLIED WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF THAT PURPOSE LICENSOR HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, OF THE POSSIBILITY OF SUCH DAMAGES AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION NOTWITHSTANDING ANY FAILURE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTWARRANTY.

Appears in 1 contract

Samples: Software Licensing Agreement (Commvault Systems Inc)

Limited Warranty. You may obtain without payment a license GautFonts warrants to evaluate you that the Software Non-Commercial Fonts will perform substantially in accordance with its documentation for a the thirty (30) day period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund following delivery of the license fee is available except Non-Commercial Fonts. To make a warranty claim, you must, within the thirty (30) day warranty period, contact GautFonts and provide sufficient information regarding your acquisition of the Non-Commercial Fonts so as specifically provided by this Agreement. If You have paid a license fee for to enable GautFonts to verify the Software, then for a period of ninety (90) days from the existence and date of receipt of the Softwaretransaction. The entire, Saxonica warrants the Software against any defects resulting from the electronic transmission process, exclusive and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire cumulative liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of be that GautFonts will use commercially reasonable efforts to cause the price paid, or (ii) repair or replacement of Non-Commercial Fonts to conform to the Software that does not meet Saxonica's Limited Warrantydocumentation as soon as commercially practicable. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationGAUTFONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONTS SOFTWARE. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GAUTFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA GAUTFONTS MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL GAUTFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE FOUNDRY HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF GAUTFONTS HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. You may have other rights that vary from province to province or jurisdiction to jurisdiction. The Non-Commercial Fonts is non-returnable and non-refundable.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate WRI warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated Product shall be free from defects in the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then physical media for a period of ninety (90) days from the following date of receipt of the Softwarepurchase when used under normal conditions. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipEXPRESS OR IMPLIED. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, WRI DOES NOT WARRANT THAT THE SOFTWARE IS DELIVERED TO YOU "FREE FROM ALL BUGS AND OMISSIONS; THE PRODUCT IS SOLD AS IS" AND SAXONICA . WRI MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWREPRESENTATIONS, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE PRODUCT OR THE SOFTWARE CONTAINED IN THE PRODUCT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF PURPOSE, ALL OF WHICH IS EXPRESSLY DISCLAIMED. WRI DOES NOT WARRANT THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION TO THE SOFTWAREFOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. WRI, ITS DISTRIBUTORS AND DEALERS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PROVISION PRODUCT, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR FAILURE OMISSIONS. WRI DOES NOT RECOMMEND THE USE OF THE SOFTWARE FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS MAY NOT APPLY TO PROVIDE SUPPORT SERVICESYOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY ALSO HAVE OTHERS, OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTThis License Agreement shall be construed under the laws of the State of Illinois.

Appears in 1 contract

Samples: Mathematica® License Agreement

Limited Warranty. You may obtain without payment a license This warranty extends only to evaluate the Software for a period original End User of thirty daysthis License, and no third party shall have the right to make any claim or assert any right hereunder. By paying a license fee you agree pernexas warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt the acquisition of the Software, Saxonica warrants License (the “Warranty Period”): (a) the Software against any defects resulting from will perform substantially in accordance with the electronic transmission process, Documentation; and any (b) the Software is properly recorded on the media supplied by Saxonica will or in the files to be free from defects in materials and workmanshipdownloaded. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of pernexas does not warrant that the price paid, or (ii) repair or replacement operation of the Software that does not meet Saxonica's Limited Warrantywill be uninterrupted or error free. This Limited Warranty warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationmisapplication or from the End User having modified the Software or used it for a purpose or in a context other than the purpose or context for which it was designed. If, during the Warranty Period, the Software does not perform substantially in accordance with the Documentation or is not recorded properly on the media or files to be downloaded, the End User’s sole and exclusive remedy, and pernexas’s sole obligation and liability under this warranty shall be as follows: if the End User notifies pernexas in writing of the non-conformity within the Warranty Period, pernexas shall, at pernexas's option, either (i) return the license / subscription fees paid (if any) with respect to the non-conforming Software; or (ii) repair or replace the non-conforming Software. If pernexas elects to return the license / subscription fees, the End User agrees to promptly return the Software to pernexas or establish to pernexas’s satisfaction that it has destroyed/uninstalled the Software. Any replacement Software will be warranted for an additional ninety the remainder of the original Warranty Period or thirty (9030) daysdays from replacement, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof There is no warranty after expiration of purchase from an authorized sourcethe Warranty Period. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED PROVIDED WITHOUT ANY SPECIFIC ASSESSMENT OF ITS FITNESS FOR THE END USER’S SPECIFIC USE CASE, INDUSTRY OR BUSINESS CONTEXTS, INCLUDING ANY SECURITY OR FUNCTIONALITY REQUIREMENTS THAT THE END USER MIGHT HAVE, EVEN IF THE END USER HAS DISCLOSED THESE TO YOU "AS IS" PERNEXAS IN ANY MANNER. THE END USER REMAINS FULLY AND SAXONICA MAKES NO WARRANTY AS ENTIRELY RESPONSIBLE FOR VERIFYING TO ITS USE OR PERFORMANCE. TO OWN SATISFACTION WHETHER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICASOFTWARE IS APPROPRIATE FOR ITS BUSINESS ACTIVITIES, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN SHALL REFRAIN FROM USING THE SOFTWARE IF THAT PURPOSE IT HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ANY DOUBTS IN THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTRESPECT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Altova warrants to the person or entity that first purchases a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund use of the license fee is available except as specifically provided by AED or ABE software pursuant to the terms of this Agreement. If You have paid a license fee for AEULA that (i) the Software, then software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processreceipt, and (ii) any Software media supplied support services provided by Saxonica will Altova shall be free from defects substantially as described in materials Section 3(b) of this agreement. Some states and workmanshipjurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Saxonica'sTo the extent allowed by applicable law, implied warranties on the AED or ABE software, if any, are limited to ninety (90) days. Altova’s and its suppliers' and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software AED or ABE software that does not meet Saxonica's Altova’s Limited WarrantyWarranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software AED or ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or misapplicationany other malicious external code. Any replacement Software software will be warranted for an additional ninety the remainder of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceThis limited warranty does not apply to Evaluation Software. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE SOFTWARE IS DELIVERED EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU "AS IS" IN YOUR JURISDICTION, ALTOVA AND SAXONICA MAKES ITS SUPPLIERS MAKE NO WARRANTY WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ITS USE OR PERFORMANCEANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, ALTOVA AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate a. Corel warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Corel will replace any defective media returned to Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Corel shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Corel is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return to discontinue your use of the price paid, or (ii) repair or replacement of licensed software and terminate your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Corel or its authorized representative; and (c) Corel receives written notice of the non-conformity within the warranty period. Any replacement This is your sole and exclusive remedy for a breach of this limited warranty and Corel’s sole and entire liability. The foregoing excludes Software will be warranted made available by Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, COREL AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSCOREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software BENCH TREE warrants that each Product shall perform substantially in accordance with its published specifications and shall be free from defects in workmanship and materials for a period of thirty daysone (1) year following the shipment date, except that the applicable manufacturer’s warranty shall supersede and apply with respect to those components or subassemblies of a Product that BENCH TREE purchases from third parties (“Product Warranty Period”). By paying a license fee you agree BENCH TREE, at its option, shall repair, replace or refund the purchase price of any Product that you have evaluated is defective or fails to perform according to its specifications during the Software to your satisfaction and you agree Product Warranty Period. BENCH TREE warrants that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then Services shall be free from defects in workmanship for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipfollowing completion (Service Warranty Period). Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY TO NORMAL WEAR OR TEAR OR TO ANY PRODUCT OR SERVICE DEFECT RESULTING FROM (i) return of the price paidTAMPERING, or ALTERATION, OR REPAIR OF THE PRODUCT BY ANYONE OTHER THAN BENCH TREE; (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyLIGHTNING, FIRE OR OTHER ACTS OF GOD; (iii) STORAGE, INSTALLATION OR USE OF THE PRODUCT IN A MANNER THAT FAILS TO COMPLY WITH THE APPLICABLE SPECIFICATIONS, INCLUDING WITHOUT LIMITATION, SUBJECTION OF THE PRODUCT TO EXCESSIVE TORQUE, BENDING OR OTHER APPLIED LOADS, VIBRATION, JARRING, OR HEAT, OR TO EXCESSIVELY CORROSIVE OR EROSIVE ENVIRONMENTS (iv) FAILURE TO PERFORM ROUTINE MAINTENANCE OR (v) COMPLIANCE BY BENCH TREE WITH THE BUYER’S SPECIFICATIONS. This Limited Warranty is void if failure of the Software has resulted from accidentBENCH TREE DOES NOT WARRANT THAT BUYER’S USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. BENCH TREE DOES NOT GUARANTY THE ACCURACY, abuseCORRECTNESS OR INTERPRETATION OF ANY MEASUREMENTS OR DATA GENERATED BY ITS PRODUCTS AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT ARE OR MIGHT BE SUSTAINED AS A RESULT OF ANY USE OR RELIANCE UPON THOSE MEASUREMENTS OR DATA. BENCH TREE’S WARRANTY OBLIGATIONS ARE EXPRESSLY LIMITED TO THE REPAIR, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceREPLACEMENT, REFUNDING OF THE PURCHASE PRICE OF A PRODUCT. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO LIMITED WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, EITHER EXPRESS BENCH TREE MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO ANY PRODUCTS AND SERVICES, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. THESE DISCLAIMERS AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART LIMITATIONS SHALL APPLY REGARDLESS OF ANY CONTRACTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Remedies under the above warranties will be limited, at BENCH TREE’s option, to the replacement, repair, re‐performance or modification of, or issuance of a credit for the purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to BENCH TREE's instructions. Replacement Products may be new, remanufactured, refurbished or reconditioned at BENCH TREE’s discretion. BUYER requested on‐site warranty service (consisting of time, travel and expenses related to such services) will be at BUYER’s expense. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising therefrom.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. You Seller hereby assigns to the Buyer, to the extent it may obtain without payment a license to evaluate the Software for a period do so, any available warranty of thirty daysits Supplier. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund A copy of the license fee is Seller’s supplier or manufacturer's warranty, if available, will either be delivered to the Buyer by the Seller or made available except as specifically provided by this Agreementto the Buyer upon its request. If You have paid a license fee for the SoftwareSELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, then for a period of ninety (90) days from the date of receipt of the SoftwareEXCLUDING SERVICE, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipIS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE THERE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE EXPRESSED, STATUTORILY, IMPLIED, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAOTHERWISE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS NO WARRANTY OF MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, 112362.000002 4836-6965-3453.1 SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICABUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in any of the following events, TITLEnamely: a) Whenever any Products have not been operated, AND NONstored or maintained in accordance with the manufacturer's and the Seller’s instructions; b) Whenever any Products have been handled, stored, repaired, or altered in any way, which may have impaired its safety, operation or efficiency; and c) Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-INFRINGEMENTconforming, WITH REGARD TO THE SOFTWAREthe Buyer shall pay all costs, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERShandling, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTand transportation.

Appears in 1 contract

Samples: dacint.com

Limited Warranty. You may obtain without payment Creatype warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period contact Creatype and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Creatype to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Creatype will use reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipCREATYPE DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CREATYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CREATYPE MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CREATYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CREATYPE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CREATYPE HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Creatype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without Seller provides a limited warranty for goods shipped pursuant to an order. Seller’s warranty terms are set forth in a separate warranty certificate available upon request. Seller’s warranty will be void if full payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period goods is not received within the agreed upon terms of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationsale. Any replacement Software will verbal representations intended to modify any existing warranty shall be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceinvalid and unenforceable against Seller. EXCEPT FOR THE FOREGOINGEXPRESS WARRANTY DESCRIBED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES THERE ARE NO WARRANTY AS TO ITS USE EXPRESS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER IMPLIED WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED THERE ARE NO WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF WITH RESPECT TO THE GOODS OR ANY PART OF COMPONENT THEREOF AND NO WARRANTY SHALL BE IMPLIED BY OPERATION OF LAW OR OTHERWISE. BUYER ASSUMES FULL RESPONSIBILITY THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLETHE MATERIALS PURCHASED UNDER THE AGREEMENT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND NONSELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE SET FORTH HEREIN. XXXXX UNDERSTANDS AND AGREES THAT XXXXX’S FAILURE TO ADHERE TO THIRD-INFRINGEMENT, WITH REGARD PARTY HARDWARE VENDOR RECOMMENDATIONS RELATED TO THE SOFTWARE, GOODS VOIDS ANY AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ALL WARRANTIES OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSSELLER. Seller's liability on all claims of any kind, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTwhether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from the Goods or the Contract between Seller and Buyer, will in no case exceed the price allocable to the specific Good that gives rise to the claim. The remedies contained in this Warranty constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under this Contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential, or special damages, including, without limitation, lost revenues, profits, or recall expenses. No variation or change from this Warranty will be binding upon Seller unless made in writing and signed by an officer of Seller. Unless otherwise specifically provided on the quotation or invoice, the Agreement does not include any services of Seller in connection with installation, testing, or evaluation of the Materials. The sole remedy of Buyer in connection with any acts or omissions of Seller in the provision of technical support will be the provision of further technical support to Buyer reasonably required to correct the act or omission.

Appears in 1 contract

Samples: glassandmetalcraft.com

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Contents 1 Introduction 1

Appears in 1 contract

Samples: www.alazartech.com.cn

Limited Warranty. You may obtain without payment a license to evaluate We warrant that during the Software Subscription Term for a period of thirty daysthe applicable Services, the Services will conform, in all material respects, with the Documentation. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund For any breach of the license fee is available except as specifically provided above warranty, We will, at no additional cost to You, provide remedial services necessary to enable the Services to conform to the warranty. You will provide Us with a reasonable opportunity to remedy any breach and reasonable assistance in remedying any defects. The remedies set out in this section are Your sole remedies for breach of this warranty. This warranty will only apply if the Services have been utilized by You in accordance with the Order Form and this Agreement. If You have paid a license fee for the SoftwareWE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, then for a period of ninety OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICES AVAILABLE (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINTERNET, SAXONICAOTHER TRANSMISSION NETWORKS, AND ITS SUPPLIERS YOUR LOCAL NETWORK AND RESELLERS, DISCLAIM ALL EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY US. THERE ARE NO OTHER WARRANTIES AND OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION INFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD PARTY RIGHTS. YOU MAY HAVE OTHERSASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES ARE ACCURATE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTRELIABLE OR SUFFICIENT FOR YOUR PURPOSES.

Appears in 1 contract

Samples: Devo Terms of Service

Limited Warranty. You may obtain without payment a license The Licensor warrants to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either Customer that: (i) return of the price paidSoftware will, or during the Warranty Period under normal Use, materially conform with the Specification; and (ii) repair or replacement it will carry out the Services in a professional manner consistent with industry standards using reasonable skill and care. If the Customer notifies the Licensor in writing of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if any material failure of the Software has resulted to conform with the Specification during the Warranty Period, the Licensor shall at its own expense and sole option either: (a) use reasonable endeavours to correct such failure within a reasonable time; or (b) upon return of the Software and the Documentation refund to the Customer the proportional Subscription Fees for the Software that materially failed to confirm with the Specification. The foregoing sets out the Customer’s exclusive remedy against the Licensor for any failure of the Software to conform to the Specification during the Warranty Period. If the Customer is not fully satisfied on reasonable grounds that the Services have been provided in accordance with this Agreement, it may give notice to the Licensor within ten (10) days of the provision of such Services setting out details of the variance from accidentService/s it was expecting. The Licensor shall: (x) within a reasonable time seek to rectify, abuseat its discretion, any aspect of Service/s it is thus notified of; and/or (y) reduce or misapplicationmake an appropriate adjustment to the Fees against any anomaly in Service/s it determines is un- resolvable. Any replacement Software will If the Customer is not satisfied with the Licensor’s rectification pursuant to above, then the Customer may request that the matter be warranted for an additional ninety (90) daysresolved pursuant to the dispute resolution procedure agreed by the Parties. Neither these remedies nor The foregoing provisions set out the Customer's exclusive remedy in respect of any product support services offered by Saxonica are available without proof alleged failure of purchase from an authorized sourcethe Licensor to provide the Services. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, TRADE PRACTICE, CUSTOM, COURSE OF DEALING OR OTHERWISE (INCLUDING ABOUT QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS OR SUITABILITY FOR PURPOSE) IN RESPECT OF THE SOFTWARE, THE DOCUMENTATION, AND THE SERVICES ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WITHOUT PREJUDICE TO THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE LICENSOR DOES NOT GIVE ANY WARRANTY: (A) ABOUT THE TIMING, THROUGHPUT, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES RESPONSE TIME PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE; OR (B) THAT THE SOFTWARE WILL BE COMPLETELY FREE OF VIRUSES, ERRORS OR BUGS. HOWEVER, IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SOFTWARE CONTAINS AN ACTIVATION PROCESS THAT CONTROLS ITS USAGE IN ACCORDANCE WITH THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAGREEMENT.

Appears in 1 contract

Samples: A Legally Binding Agreement

Limited Warranty. You may obtain without payment Craft Supply Co warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact Craft Supply Co. The entire, exclusive and cumulative liability and remedy shall be that Craft Supply Co will use reasonable efforts to evaluate cause the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Font Software to your satisfaction conform to the documentation as soon as commercially practicable. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and you agree that no cumulative liability and remedy shall be limited to the refund of the license fee is available except as specifically provided by this Agreement. If You have you paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt to Craft Supply Co to obtain delivery of the Font Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliersCRAFT SUPPLY CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceBREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA CRAFT SUPPLY CO MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE CRAFT SUPPLY CO HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareSYMON warrants, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) upon return of the price paidwarranted item to the place You obtained it, or that: (iia) repair or replacement if at any time within the year following delivery of the Software that does not meet Saxonica's Limited WarrantyProduct to You, the Media is in a damaged or physically defective condition, SYMON will provide replacements to You at no charge; and (b) if the software fails to substantially conform to the specifications in Your Documentation, and if You report the nonconformity in writing to SYMON (or to Your SYMON reseller) within the year following delivery of the Product to You, then SYMON will either remedy the nonconformity or, in SYMON’s sole discretion, refund your License fees to you, in which case, this License and Your right to use the Product will automatically terminate. This Limited Warranty is void if failure of sets forth Your SOLE AND EXCLUSIVE REMEDIES and the Software has resulted from accidentSOLE BASIS OF WARRANTY LIABILITY for SYMON, abuseits resellers and licensors. BECAUSE OF THE RIGHTS SYMON EXPRESSLY GRANTS YOU IN THIS CONTRACT, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA AGREE THAT SYMON MAKES NO WARRANTY AS TO ITS USE OTHER WARRANTY, CONDITION, REPRESENTATION OR PERFORMANCEPROMISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, SYMON HEREBY DISCLAIMS AND ITS SUPPLIERS AND RESELLERS, DISCLAIM NEGATES ALL OTHER WARRANTIES EXPRESS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SYMON DOES NOT WARRANT THAT THE PRODUCT WILL SATISFY YOUR REQUIREMENTS, THAT IT IS WITHOUT DEFECT OR ERROR, THAT ITS OPERATION WILL BE UNINTERRUPTED, OR THAT IT WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE AND HARDWARE USED BY YOU. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT WILL SYMON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF THAT PURPOSE SYMON HAS BEEN NOTIFIED BY YOU TO SAXONICAADVISED OF THE POSSILITY OF SUCH DAMAGES. IN ANY EVENT, TITLESYMON’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF THIS CONTRACT, AND NON-INFRINGEMENTDIRECTLY OR INDIRECTLY, WITH REGARD IS LIMITED TO THE SOFTWARE, AND PRICE PAID FOR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTLICENSE(S).

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree The Supplier warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by each Product sold under this Agreement. If You have paid a license fee Contract, for the Software, then for a [***] period of ninety (90) days from the date of commencing upon LDR MEDICAL’s receipt of the SoftwareProduct, Saxonica warrants shall comply with the Software against any defects resulting from the electronic transmission process, applicable Specifications and any Software media supplied by Saxonica will shall be free from defects in materials material and workmanship. Saxonica'sNotwithstanding anything to the contrary stipulated in this Contract, the Supplier’s warranty such as supplied in this Contract shall be null if any repair, amendment, modification or work has been carried out on the aforementioned Product or insofar as any alleged defect is the result of misuse, improper use, incorrect storage or maintenance, an accident, action or inaction by any party other than the Supplier. The Supplier shall not be liable for (a) the quality or condition of any material supplied by or through LDR MEDICAL or (b) any defect insofar as it is due to usage that does not comply with the applicable instructions. Subject to the foregoing, if a Product is not as it is guaranteed to be, and its suppliers' LDR MEDICAL notifies the Supplier in writing and resellers'returns this Product to the Supplier within a period of sixty (60) days following the discovery of the defect by LDR MEDICAL, entire liability the Supplier shall choose to either quickly repair or replace the defective Product or it shall reimburse the Product’s purchase price. Before returning a Product to the Supplier, LDR MEDICAL must contact the Supplier and Your the Supplier must provide LDR MEDICAL with a RMA number. LDR MEDICAL may only return the approved items and quantities through the RMA. Any Product that is repaired or replaced shall be sent back to LDR MEDICAL and the Supplier alone shall bear the costs. Such exclusive remedy shall be, at Saxonica's option, either (i) return of not be deemed to have failed in fulfilling its essential purpose as long as the price paid, or (ii) Supplier shall be willing and able to repair or replacement of replace a defective Product or to reimburse the Software that does not meet Saxonica's Limited Warrantypurchase price as indicated. This Limited Warranty is void if failure of the Software has resulted from accidentTHE REPAIR OR REPLACEMENT OF THE PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE SUCH AS IS PROVIDED FOR UNDER THIS LIMITED WARRANTY, abuse, or misapplicationIS THE EXCLUSIVE REMEDY FOR LDR MEDICAL. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES IN THIS CLAUSE REPLACE ANY OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDIMPLICIT, MANDATORY OR OTHER WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPURPOSE.

Appears in 1 contract

Samples: LDR Holding Corp

Limited Warranty. RPPS warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. RPPS does not warrant uninterrupted or error-free operation of the Program or that RPPS will correct all Program defects. You are responsible for the results obtained from the use of the Program. RPPS provides You with access to RPPS databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the RPPS Software Support Guide for further information at xxxx://xxx.xxxxxxxxx.xxx/support. RPPS will maintain this information for at least one year after the original licensee acquires the Program (“Warranty Period”). If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the RPPS databases, You may obtain without payment return the Program and its XxX to the party (either RPPS or its reseller) from whom You acquired it and receive a license to evaluate refund in the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreementamount You paid. If You have paid a license fee downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshiprefund. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM REPLACE ALL OTHER WARRANTIES AND OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAEVENT, TITLE, AND NON-INFRINGEMENT, WITH REGARD SUCH WARRANTIES ARE LIMITED IN DURATION TO THE SOFTWAREWARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SO THE PROVISION OF OR FAILURE ABOVE LIMITATION MAY NOT APPLY TO PROVIDE SUPPORT SERVICESYOU. THIS LIMITED WARRANTY GIVES THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS. RIGHTS AND YOU MAY ALSO HAVE OTHERS, OTHER RIGHTS WHICH VARY FROM STATE/STATE TO STATE OR JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: help.ricohsoftware.com

Limited Warranty. You may obtain without payment Foundry warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a license warranty claim, you must, within the thirty (30) day warranty period, contact Foundry and provide sufficient information regarding your acquisition of the Font Software so as to evaluate enable Foundry to verify the Software for a period existence and date of thirty daysthe transaction. By paying a license fee you agree The entire, exclusive and cumulative liability and remedy shall be that you have evaluated Foundry will use commercially reasonable efforts to cause the Font Software to your satisfaction and you agree that no refund of conform to the license fee is available except documentation as specifically provided by this Agreementsoon as commercially practicable. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipFOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOINGFOREGOING LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA FOUNDRY MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. IN NO EVENT WILL FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THAT PURPOSE FOUNDRY HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF FOUNDRY HAS BEEN ADVISED OF ANY CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Foundry’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Appears in 1 contract

Samples: Software End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software The Seller warrants that its products are free from defects in material and workmanship. This Limited Warranty shall be applicable for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days six months from the date of receipt initial shipment of any product. The terms of this Limited Warranty do not in any way extend to parts of the Softwareproduct thereof which have a life, Saxonica warrants under normal usage, inherently shorter that the Software against any defects six months previously stated. Seller will, at its option, repair or replace the defective product if Seller determines it is defective within the warranty period and if it is returned, freight prepaid, to Seller. Replacement parts will be shipped F.O.B. Seller’s plant. Seller is not obligated to furnish service under this Limited Warranty: a) to repair damage resulting from the electronic transmission processattempts by personnel other than Seller’s representatives to install, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidrepair, or (iiservice the product; b) to repair damage resulting from improper use or replacement of from connecting the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void product to incompatible equipment; or c) if failure of personnel other than Seller’s representatives, without Seller’s prior permission, modify the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceproduct. EXCEPT FOR THE FOREGOINGAS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA SELLER MAKES NO WARRANTY AS TO ITS USE OTHER REPRESENTATIONS, PROMISES, GUARANTEES OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN. IN THE EVENT THE PRODUCT IS NOT FREE FROM DEFECTS AS WARRANTED ABOVE, A CUSTOMER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INJURIES, DAMAGE TO OR REPLACEMENT OF OTHER PRODUCTS OR PROPERTY, COSTS FOR RECOVERING, REPROGAMMING, OR REPRODUCING ANY PROGRAM OR DATA USED WITH THE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THIS WARRANTY OR CONNECTED WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE OR PART THEREOF, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WARNED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SELLER IS NOT RESPONSIBLE FOR THE LOSS OF ANY DATA UNDER ANY CIRCUMSTANCES AND ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, MAY RESULT THEREOF. SELLER’S ENTIRE LIABILITY FOR ANY AND NON-INFRINGEMENT, WITH REGARD ALL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE SOFTWARE, AND DELIVERABLE ITEMS PURCHASED FROM SELLER SHALL BE THE PROVISION OF OR FAILURE TOTAL PRICE PAID BY BUYER TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING SELLER FOR THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDELIVERABLE ITEMS PURCHASED HEREUNDER.

Appears in 1 contract

Samples: www.normantool.com

Limited Warranty. You may obtain without payment a license For 90 days from the Date of Confirmation (the "Warranty Period") and subject to evaluate the terms of this Agreement, WinMagic warrants that the Software for a period of thirty dayswill reasonably conform to the specifications contained in the Documentation. By paying a license fee you You agree that the limited warranty set out in this section is invalidated and that you will have no claim whatsoever in respect of that warranty if: (a) you are not the purchaser of the licenses to the Licensed Materials; (b) you fail to report in writing to WinMagic, during the Warranty Period, any defect or error claimed to be a breach of the warranty; (c) the Software is misused; (d) you fail to promptly install an update issued by WinMagic; (e) the claim to defect or error has been caused, in whole or in part, by persons other than WinMagic; or (f) the Software has been installed on a system that has not been certified by WinMagic as compatible with the Software at the time of purchase. If you have evaluated a warranty claim brought properly within the Warranty Period, WinMagic's sole responsibility pursuant to this limited warranty will be, at WinMagic’s sole discretion, to: (i) replace the Software with a version that meets the above-stated warranty; or (ii) terminate this Agreement and return to your satisfaction and you agree that no refund a pro-rata portion of the license fee is available except as specifically provided Fees paid by this Agreementyou for the then current Term. In the case of a perpetual license, such refund will be calculated based on amortization of the Perpetual License Fee over a five (5) year period on a straight-line basis. If You have paid a license fee for WinMagic, at its sole discretion, chooses to replace the Software, then for a period the Warranty Period applicable to the replacement Software will be the greater of ninety (90) the remaining time available to you pursuant to the original Warranty Period or 30 days from the date of receipt of you receive a link allowing you to download the replacement Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyTHE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS THE ONLY WARRANTY MADE BY WINMAGIC IN RESPECT OF THE SOFTWARE. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA WINMAGIC MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAWARRANTIES, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND THERE ARE NO CONDITIONS, EITHER OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIEDIMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEIN CONNECTION WITH (i) THE LICENSED MATERIALS (EXCEPT FOR THE SOFTWARE WARRANTY EXPRESSLY PROVIDED ABOVE) OR SUPPORT SERVICES, AND NON-INFRINGEMENT, WITH REGARD TO THE (ii) ANY OPEN SOURCE SOFTWARE, AND THE PROVISION OF (iii) ANY THIRD PARTY SOFTWARE, OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED (iv) ANY PRODUCTS OR SERVICES NOT PROVIDED BY SAXONICAWINMAGIC, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY CLOUD OR OTHER THIRD PARTY HOSTING SERVICES , ALL OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, WHICH ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTEXPRESSLY DISCLAIMED BY WINMAGIC.

Appears in 1 contract

Samples: License and Services Agreement

AutoNDA by SimpleDocs

Limited Warranty. You may obtain without payment In lieu of and as a license to evaluate substitute for all implied warranties of any kind, concurrent with the Software execution of this Contract, Seller has delivered, and Xxxxx acknowledges accepting the terms of and receiving the Limited Warranty (the "Limited Warranty") offered by Seller for a period the Unit attached hereto as Exhibit B, the terms and conditions of thirty dayswhich are hereby incorporated by reference. By paying a license fee you agree that you Buyer shall perform or have evaluated the Software to your satisfaction and you agree that no refund performed whatever inspections of the license fee is available except Unit Buyer so desires in order to assure Xxxxx as specifically provided by this Agreementto the quality and condition of Unit. If You have paid Seller is found to be responsible for remedying a license fee for Defect (defined in the SoftwareLimited Warranty) and Seller fails to remedy such Defect, then for a period of ninety (90) days from Seller’s responsibility and liability shall be limited as set forth in the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOINGWARRANTIES CONTAINED IN THE LIMITED WARRANTY ARE THE ONLY WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE FRACTIONAL INTEREST, THE SOFTWARE IS DELIVERED TO YOU "AS IS" UNIT AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOMMON ELEMENTS, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED. XXXXX UNDERSTANDS AND AGREES THAT SELLER'S LIABILITY, INCLUDINGWHETHER IN CONTRACT, BUT NOT TORT, WARRANTY OR OTHERWISE, IS LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREREMEDY OF REPAIR, AND REPLACEMENT OR PAYMENT AS SET FORTH IN THE PROVISION OF LIMITED WARRANTY. NO WARRANTY SERVICE OR FAILURE ANY STEPS TAKEN BY SELLER TO PROVIDE SUPPORT SERVICES. THIS CORRECT DEFECTS OR ALLEGED DEFECTS SHALL EXTEND THE WARRANTY PERIOD BEYOND THE ONE-YEAR LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSPERIOD. YOU MAY HAVE OTHERSUNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAINCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSTRANSACTIONS UNDER THIS CONTRACT, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ANY CONTRACT.ACTION HAS ACCRUED. Buyer Initials: /

Appears in 1 contract

Samples: Purchase Contract and Escrow Instructions

Limited Warranty. You may obtain without payment a license to evaluate the Software Licensor warrants, for your benefit alone, for a period of thirty days. By paying a license fee you agree that you have evaluated 60 days (the Software to your satisfaction “Warranty and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90Support Period”) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement delivery of the Software that does during this period the Software shall operate substantially in accordance with the functionality described in the User's Manual. If during the Warranty and Support Period, a defect in the Software appears, Licensor will make all reasonable efforts to cure the defect, at no cost to you. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. Licensor is not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure responsible for obsolescence of the Software has resulted that may result from accidentchanges in your requirements. Exclusion of Warranty. The above limited warranty shall apply only to the most current version of the Software issued from time to time by Licensor. Licensor assumes no responsibility for the use of superseded, abuseoutdated, or misapplicationuncorrected versions of the Software. Any replacement Software will be warranted for an additional ninety THE ABOVE LIMITED WARRANTY WILL NOT APPLY IF: (90i) daysTHE PRODUCT IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT AND THE USER’S MANUAL, (ii) THE PRODUCT HAS BEEN MODIFIED BY ANY PERSON OTHER THAN LICENSOR, OR (iii) A MALFUNCTION IN THE PRODUCT HAS BEEN CAUSE BY ANY EQUIPMENT OR SOFTWARE NOT PROVIDED BY LICENSOR. Neither these remedies nor any product support services offered by Saxonica are available without proof Disclaimer of purchase from an authorized sourceWarranty. EXCEPT FOR THE FOREGOINGLIMITED WARRANTY SET FORTH ABOVE, THE PRODUCT, AND THE SOFTWARE IS DELIVERED TO YOU CONTAINED THEREIN, ARE LICENSED "AS IS," AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, LICENSOR DISCLAIMS ANY AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-NON- Software License Agreement | JPRO Commercial Vehicle Diagnostics (CVD) INFRINGEMENT, OR OTHERWISE, WITH REGARD RESPECT TO THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE END USERS OF THE PRODUCT BEAR THE RISK OF USING THE PRODUCT AND THE SOFTWARE PROVIDED, AND BEAR THE RISK OF RELYING OR NOT RELYING ON ANY DATA OR RECOMMENDATIONS PROVIDED THROUGH THE PRODUCT OR SOFTWARE. LICENSOR GIVES NO GUARANTEES OR WARRANTIES TO EXTERNALLY PUBLISHED SPECIFICATIONSEND USERS. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE PRODUCT’S USE OR PERFORMANCE AND DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE OPERATION OF THE PRODUCT WILL BE FAIL-SAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS. Vehicle Inspection and Maintenance by Licensee/End User. THE PRODUCT IS NOT A SUBSTITUTE FOR CAREFUL INSPECTION AND MAINTENANCE OF LICENSEE’S VEHICLES BY PROPERLY TRAINED REPAIR TECHNICIANS OR MECHANICS. LICENSOR RECOMMENDS THAT ALL INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE BE INDEPENDENTLY VERIFIED AND AUTHENTICATED BY A CERTIFIED TECHNICIAN OR MECHANIC. AS THE OWNER AND/OR OPERATOR OF THE VEHICLES UTILIZING THE PRODUCT, LICENSEE AND ITS END USERS ARE MADE RESPONSIBLE FOR EXERCISING THEIR OWN CARE, SKILL, ASSESSMENT AND JUDGMENT AS TO THE MECHANICAL CONDITION OF SUCH VEHICLES AND THE INTERPRETATION OF ANY INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE. LICENSEE HEREBY COVENANTS AND AGREES TO INFORM EACH OF ITS END USERS OF THEIR DUTY TO INSPECT AND MAINTAIN THE LICENSEE’S VEHICLES IN GOOD FAITH BUT ACCORDANCE WITH THIS PROVISION. Limitation of Liability. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO LICENSOR IN THE MONTH THAT SUCH CLAIM ACCRUED. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR FOR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT CONSTITUTE PART ALLOW THE LIMITATION OR EXCLUSION OF ANY CONTRACTLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR BREACH OF YOUR CONFIDENTIALITY OBLIGATIONS OR YOUR BREACH OF THE LICENSES AND RESTRICTIONS SET FORTH IN THIS AGREEMENT.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. You may obtain without payment a license to evaluate EDUVERSE warrants that (a) the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareSOFTWARE will, then for a period of ninety (90) days from the date of receipt of the Softwareyour receipt, Saxonica warrants the Software against any defects resulting from the electronic transmission processperform substantially in accordance with EDUVERSE's written materials accompanying it, and (b) any Software media supplied Support Services provided by Saxonica EDUVERSE shall be substantially as described in applicable written materials provided to you by EDUVERSE, and (c) EDUVERSE support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE. To the extent that implied warranties on the SOFTWARE are disclaimable, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be free from defects in materials and workmanshipentirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days. Saxonica's, CUSTOMER REMEDIES. EDUVERSE's and its suppliers' and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's option, either (ibe for EDUVERSE to repair or replace the component(s) return of the price paid, or (ii) repair or replacement of the Software SOFTWARE that does do not meet SaxonicaEDUVERSE's Limited Warranty. This Limited Warranty is void if failure of the Software SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement Software SOFTWARE will be warranted for an additional ninety the remainder, of the original warranty period or thirty (9030) days, whichever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, EDUVERSE AND ITS SUPPLIERS AND RESELLERSDISCLAIM ALL, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. , THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION STATE/] URTSDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: Xin Net Corp

Limited Warranty. You may obtain without payment a license Seller warrants only that the goods sold hereunder to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee Purchaser will be suitable for the Softwaregeneral extrusion process at the time of delivery to Purchaser. Seller will, then at the Seller’s sole option, either repair or replace those goods or refund the purchase price paid for a period those goods, provided the Purchaser has properly notified the Seller in writing of ninety (90) such defects or failure within 45 days from the date of receipt delivery to Purchaser. This warranty is non-transferable and limited to the original Purchaser (and does not extend to any of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processPurchaser’s customers), and any Software media supplied by Saxonica is expressly null and void if the goods have been used contrary to the Seller’s specific instructions or have been subject to accident, alteration, unauthorized modification, abuse or misuse. This warranty is contingent upon Purchaser’s timely written notification of a breach of this warranty and full cooperation with Seller to allow Seller to inspect or test such goods to confirm the breach. In the event this warranty is breached, Seller will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall bereplace the defective goods with conforming goods or, at Saxonica's optionSeller’s election, either (i) return repay or credit Purchaser with an amount equal to the purchase price of such goods. In no event shall the price paidgoods be returned, reworked or (ii) repair scrapped by the Purchaser without the express written authorization of Seller or replacement of the Software that does not meet Saxonica's Limited Warrantythis warranty is void. This Limited Warranty is void if failure of the Software has resulted from accidentSELLER NEITHER ASSUMES, abuseNOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER, or misapplicationANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE OF GOODS OF SELLER AND THE WARRANTY OF SELLER SHALL NOT APPLY TO ANY GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT THE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO PURCHASER, AND SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE AND ANY LIABILITY OF SELLER SHALL NOT EXCEED THE PRICE PAID FOR THE FOREGOING, THE SOFTWARE GOODS CLAIMED TO BE DEFECTIVE. THIS WARRANTY IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND THIS WARRANTY SPECIFICALLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE. EXCEPT AS SET FORTH IN THIS SECTION, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION ALL OBLIGATIONS OR LIABILITIES OF SELLER FOR DAMAGES ARISING OUT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING IN CONNECTION WITH THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, GOODS ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTFULLY DISCLAIMED AND EXCLUDED.

Appears in 1 contract

Samples: alexinllc.com

Limited Warranty. You may obtain without payment Instruments and equipment manufactured by LECO are warranted to be free from defects in material and workmanship for a license period of thirteen (13) months from the date of shipment or twelve (12) months from installation, whichever is sooner, unless otherwise stated in writing by XXXX. If the goods furnished by LECO fail to evaluate conform to LECO’s exclusive limited warranty, LECO’s sole and exclusive liability shall be (at LECO’s option), and given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Xxxxx prepaid to LECO to the Software address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided by LECO. In no event shall damages for defective goods exceed the purchase price of the goods, and LECO shall not be liable for incidental or consequential damages whatsoever. All replacement parts shall be covered under warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt purchase. Expendable items such as crucibles, combustion tubes, chemicals and items of the Softwarelike nature are not covered by this warranty. A WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, Saxonica warrants the Software against any defects resulting from the electronic transmission processCOMBUSTION TUBES, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA LECO MAKES NO WARRANTY AS WHATSOEVER WITH RESPECT TO ITS USE INSTRUMENTS, EQUIPMENT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED OTHER GOODS MANUFACTURED BY APPLICABLE LAWLECO, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY YOU LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAANY SUCH PRODUCT, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY WARRANTY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSMERCHANTABILITY, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART WARRANTY OF ANY CONTRACTFITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: eu.leco.com

Limited Warranty. You may obtain without payment a license Provider warrants that it has the power and authority to evaluate grant the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee subscription for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceServices granted to Client hereunder. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED TO YOU "SERVICES ARE PROVIDED “AS IS" ,” AND SAXONICA MAKES NO WARRANTY AS TO ITS USE PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR PERFORMANCEIMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Remedy and Liability. Client represents that it accepts sole and complete responsibility for: (a) the selection of the Services to achieve Client's intended results; (b) use of the Services; and (c) the results obtained from Services. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSINDIRECT, EITHER EXPRESS CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR IMPLIED, DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYBUSINESS PROFITS, FITNESS FOR A PARTICULAR PURPOSE BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THAT PURPOSE PROVIDER HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES. In any event, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTunder no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous three (3) months.

Appears in 1 contract

Samples: Drivetracker Software Subscription Service (Saas) Agreement

Limited Warranty. You may obtain without payment a license Seller warrants to evaluate the Software Buyer, for a period of thirty daystwelve (12) months following the date the Services are performed, that it shall perform the Services materially in accordance with the specifications agreed upon by the parties in a writing signed by Seller. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the SoftwareSeller warrants, then for a period of ninety twelve (9012) days months from the date of receipt of the Softwareacceptance by Buyer (or, Saxonica warrants the Software against if acceptance by Buyer is delayed for any defects resulting reason, twelve (12) months from the electronic transmission processoriginally scheduled shipment date), and any Software media supplied by Saxonica will that each Good shall be free from material defects in materials material and workmanshipworkmanship and that each Good has been manufactured materially in accordance with the specifications agreed upon by the parties in a writing signed by Seller. Saxonica'sNotwithstanding the foregoing, (a) any software included in the Offerings is provided “AS-IS,” with no warranty whatsoever from Seller or its affiliates; (b) any products manufactured or produced by a third party are provided “AS-IS,” with no warranty whatsoever from Seller or its affiliates, provided that Seller hereby assigns (to the extent permissible) any applicable unexpired, transferable manufacturer warranties to Buyer with respect to such products; and (c) the limited warranties set forth herein do not extend to disposable and/or consumable items. The foregoing limited warranties run only to Buyer and not to any purchasers of the Offerings from Buyer. If an Offering does not comply with the foregoing limited warranties, and its suppliers' a claim is made by Buyer within the applicable warranty period, Seller will, at the option of Seller and resellers', entire as Seller’s sole and exclusive liability and Your Buyer’s sole and exclusive remedy shall be, at Saxonica's optionremedy, either (i) return repair, replace or re-perform any and all defective Offerings free of charge, or grant to Buyer a credit in an amount equal to the purchase price of the price paidapplicable Offerings. OTHER THAN THE LIMITED WARRANTY SET FORTH IN THIS SECTION, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA SELLER MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY PRODUCT OR ANY THIRD PARTY PRODUCT, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY (i) WARRANTY OF MERCHANTABILITY, (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, (iii) WARRANTY OF TITLE, OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller’s liability under this warranty shall not include any transportation charges or cost of installation, field repair, or other charges related to returning Offerings to Seller, or any liability for direct, indirect or consequential damage or delay. All weights, measurements, dimensions, drawings, specifications and other particulars of the Offerings, whether contained in plans, photographs, catalogs, price lists or advertising material or otherwise, are only approximate and are included solely for Buyer’s guidance. Such particulars do not form part of the contract, and deviations therefrom or subsequent changes in design are not grounds for non-acceptance of the Offerings and do not constitute a breach of this Agreement. Offerings or parts for which a warranty claim is made are to be returned, transportation prepaid, to Seller. Any improper use, operation beyond rated capacity, substitution of parts not approved by Seller, or any alteration or repair by parties other than Seller that in Seller’s sole judgment affects the Offering adversely shall void this warranty. NO EMPLOYEE OR REPRESENTATIVE OF SELLER OR ANY OTHER PARTY SHALL BE AUTHORIZED TO CHANGE ANY WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY UNLESS SUCH CHANGE IS MADE IN WRITING AND NON-INFRINGEMENT, WITH REGARD SIGNED BY AN OFFICER OF SELLER AT ITS HOME OFFICE. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION. BUYER’S SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING TO ANY THIRD PARTY PRODUCTS OR SOFTWARE WILL BE AGAINST THE THIRD PARTY MANUFACTURER OF SUCH PRODUCTS OR THE THIRD PARTY LICENSOR OF SUCH SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAS APPLICABLE.

Appears in 1 contract

Samples: Husco Amg Terms

Limited Warranty. You may obtain without payment a license to evaluate a. Mindjet warrants that the media on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Softwaredistributed, then for a period of ninety (90) days from the date of receipt of the Softwareif applicable, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in materials and workmanship. Saxonica'sthe Software or replace the defective licensed software, and and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its suppliers' and resellers'Documentation after such commercially reasonable efforts, entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return to discontinue your use of the price paid, or (ii) repair or replacement of licensed software and terminate your license to the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of provided that: (a) the Software has resulted from accidentbeen properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, abusealteration, or misapplicationaddition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. Any replacement This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software will be warranted made available by Mindjet at no charge, including without limitation the MindManager Reader, any trial or NFR (not for an additional ninety (90resale) days. Neither these remedies nor license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any product support services offered kind to the maximum extent permitted by Saxonica are available without proof of purchase from an authorized sourceapplicable law. EXCEPT FOR THE FOREGOINGPRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, SAXONICA, MINDJET AND ITS SUPPLIERS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREQUIET ENJOYMENT, AND THE PROVISION NONINFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERSMINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THAT THE CONFORMANCE OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO EXTERNALLY PUBLISHED SPECIFICATIONSLIMITATIONS, ARE MADE DELAYS, AND OTHER PROBLEMS INHERENT IN GOOD FAITH BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT CONSTITUTE PART ALLOW THE EXCLUSION OF ANY CONTRACTIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Mindmanager Enterprise End User License Agreement

Limited Warranty. You may obtain without payment a license Seller warrants to evaluate the Software Buyer or any end user (for purposes of this and the following three sections "Buyers") that its Products will be free from material defects in workmanship and materials under normal use and service for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days five years from the date of receipt Seller's original invoice (the "Warranty Period"). There is NO WARRANTY in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Seller's instructions or improper installation, xxxxxxx, modifications, storage or maintenance. Upon Buyers request for factory–applied "prime coat" finish only, the above warranty is void with respect to the finish. This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller's sole obligation with respect to such parts shall be limited to assigning to Buyers any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned. However, Seller does not adopt, guarantee or represent that the manufacturer will comply with any of the Software, Saxonica warrants terms of the Software against any defects resulting from the electronic transmission process, warranty of such manufacturer. Remedy: Seller's sole and any Software media supplied by Saxonica will be free from defects in materials exclusive obligation under this warranty (and workmanship. Saxonica's, Buyers' sole and its suppliers' and resellers', entire liability and Your exclusive remedy remedy) shall be, upon prompt written notice by Buyers during the warranty period of any breach, to either, at SaxonicaSeller's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonicareplace without charge, F.O.B. Seller's Limited Warrantyfacility, any defective Product or part thereof expressly warranted herein by Seller against defects and found by Seller in its sole discretion to be defective and covered by this warranty. This Limited Warranty is void if failure of the Software has resulted from accidentSELLER SHALL NOT BE LIABLE TO BUYERS, abuseOR TO ANYONE CLAIMING UNDER BUYERS, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE ANY OTHER OBLIGATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDLIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS REFERENCE OR OTHERWISE. This warranty covers only replacement or repair of defective Products or parts thereof at Seller's main facility and does not include the cost of field service travel and living expenses, labor, inspection, removal or installation of new Products or parts or normal maintenance. Seller will not reimburse Buyers for any expenses incurred by Buyers in repairing, correcting or replacing any defective Products, except for those incurred with Seller's prior written permission. LIMITATION ON DAMAGES: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND THIS CONTRACT SHALL BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. DISCLAIMER OF OTHER WARRANTIES: SELLER AND BUYERS AGREE THAT THE EXPRESS WARRANTIES IN THE LIMITED WARRANTY SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE). SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESBuyers shall determine the suitability of the Products for the intended use and Buyers shall assume all risk and liability whatsoever in connection therewith. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTBuyers agree that Xxxxxx has no post–sale duty to warn Xxxxxx or any other party about any matter.

Appears in 1 contract

Samples: www.visalighting.com

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Addendum Contents 4 Reference ..................................................................................................................

Appears in 1 contract

Samples: S Guide

Limited Warranty. You may obtain without payment a license to evaluate Points North warrants that the Software as a Service will substantially conform in all material respects to the accompanying user manual, provided that they are used on the computer equipment and the operating system for a period which they were designed. The Products, however, are of thirty days. By paying a license fee you such complexity that it may have inherent defects, and Customer agree that you have evaluated the sole remedy for such defects shall be limited to, within reasonable time, Points North providing all reasonable Software services to correct documented logic errors. This warranty shall be null and void in the event that the Software to your satisfaction as a Service is accessed on computer equipment or operating systems not consistent with the equipment and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee environment for the Softwarewhich they were designed, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidare modified, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcemerged with incompatible software products. EXCEPT FOR THE FOREGOINGAS OTHERWISE SET FORTH ABOVE, THE SOFTWARE AS A SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PURCHASE OF THE SOFTWARE AS A SERVICE IS FINITE, AND POINTS NORTH IS NOT RESPONSIBLE FOR REPLACING THE SOFTWARE DUE TO LOSS OR DAMAGE OF ANY KIND AFTER INITIAL DEPLOYMENT. POINTS NORTH NEITHER GUARANTEES NOR WARRANTS THE DATA SUPPLIED BY CUSTOMER. POINTS NORTH DOES NOT PROVIDE COMPLIANCE AUDITING OF CUSTOMER-SUPPLIED DATA. LIMITATION OF LIABILITY IN NO EVENT SHALL POINTS NORTH LIABILITY TO CUSTOMER FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY CUSTOMER FOR USE OF THE PRODUCT. IN NO EVENT WILL POINTS NORTH BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THAT PURPOSE POINTS NORTH HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART POSSIBILITY OF ANY CONTRACTSUCH DAMAGES.

Appears in 1 contract

Samples: irp-cdn.multiscreensite.com

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund Chaos warrants that, as of the license fee date on which the Product is available except as specifically provided by this Agreement. If delivered to You have paid a license fee and for the Software, then for a period of ninety (90) days from thereafter or if the date of receipt of Subscription term is shorter, such shorter period (“Warranty Period”), the Software, Saxonica warrants Product will provide the Software against any defects resulting from general features and functions described in the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipDocumentation. Saxonica's, Chaos’s and its suppliers' and resellers', Affiliates’ entire liability and Your exclusive remedy shall during the Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be excluded or limited under law, at Saxonica's Chaos’s option, either (i) return of the price paidto attempt to correct or work around errors, if any, or (ii) repair to refund the fees, if any, paid by You and terminate this Agreement or replacement the license specific to such Product. Such refund is subject to the return, during the Warranty Period, of the Software that does not meet Saxonica's Limited WarrantyChaos applicable policy further information of which may be received from Your Chaos Representative. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED CHAOS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY SAXONICALAW. THIS LIMITED WARRANTY DOES NOT APPLY TO OFFERINGS NOT PART OF THE PRODUCT, INCLUDING STATEMENTS REGARDING THE CONFORMANCE WHICHCHAOS OR ITS AFFILIATES, AT THEIR SOLE DISCRETION, MAY PROVIDE FROM TIME TO TIME, AND WHICH ARE MADE AVAILABLE ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, NOT LIMITED TO PRE-RELEASED SOFTWARE, UNSTABLE VERSIONS, BETA, TRIAL, EVALUATION, OR NOT-FOR-RESALE COPIES, ANY OFFERINGS MADE AVAILABLE BY CHAOS OR ITS AFFILIATES FOR FREE. THIS LIMITED WARRANTY IS VOID IF FAILURE IN PERFORMANCE OR DEFECT OF THE PRODUCT RESULTED FROM YOUR NEGLIGENCE, ABUSE, MISUSE, AMENDMENT OR ATTEMPTED AMENDMENT OF THE PRODUCT FROM THIRD PARTY OTHER THAN CHAOS OR ITS AFFILIATES, ACCIDENT, IMPROPER OR UNAUTHORIZED USE OF THE PRODUCT OR MATERIAL BREACH OF THIS AGREEMENT. ALL WARRANTY CLAIMS MUST BE MADE WITHIN THE WARRANTY PERIOD TO EXTERNALLY PUBLISHED SPECIFICATIONSTHE RESELLER FROM WHICH YOU ACQUIRED THE PRODUCT OR TO CHAOS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART ALONG WITH PROOF OF ANY CONTRACTACQUISITION.

Appears in 1 contract

Samples: License and Services Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized authorised source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment Instruments and equipment manufactured by LECO are warranted to be free from defects in material and workmanship for a license period of thirteen (13) months from the date of shipment or twelve (12) months from installation, whichever is sooner, unless otherwise stated in writing by LECO. If the goods furnished by LECO fail to evaluate conform to LECO’s exclusive limited warranty, LECO’s sole and exclusive liability shall be (at LECO’s option), and given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Buyer prepaid to LECO to the Software address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided by LECO. In no event shall damages for defective goods exceed the purchase price of the goods, and LECO shall not be liable for incidental or consequential damages whatsoever. All replacement parts shall be covered under warranty for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt purchase. Expendable items such as crucibles, combustion tubes, chemicals and items of the Softwarelike nature are not covered by this warranty. A WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, Saxonica warrants the Software against any defects resulting from the electronic transmission processCOMBUSTION TUBES, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT FOR THE FOREGOINGWARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA LECO MAKES NO WARRANTY AS WHATSOEVER WITH RESPECT TO ITS USE INSTRUMENTS, EQUIPMENT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED OTHER GOODS MANUFACTURED BY APPLICABLE LAWLECO, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY YOU LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAANY SUCH PRODUCT, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY WARRANTY OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSMERCHANTABILITY, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART WARRANTY OF ANY CONTRACTFITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: www.leco.com

Limited Warranty. You may obtain without payment a license to evaluate Seller and its affiliated companies (Including, but not limited to, Xxxxxxx Plating Company, Inc., Xxxxxxx Manufacturing Services, Inc., CWS Company, Laser Processing, Inc., Morgantown Technical Services, Inc., Morgantown Machine and Hydraulics of Utah, Inc., Morgantown Machine and Hydraulics of West Virginia, Inc., Morgantown Machine & Hydraulics of Wyoming, Inc. Morgantown Machine & Hydraulics of Illinois, Inc.), having its principal place of business at 0000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, XX, 00000, warrants its Goods and Services products (the Software for a period of thirty days. By paying a license fee you agree "Products") as follows: Seller warrants that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Products sold hereunder will be free from defects in materials material and workmanshipworkmanship for a period of twelve (12) months, or as outlined below, from the date of shipment, or up to component/assembly manufacturer's warranty, whichever is earlier. Saxonica'sType of Product Warranty Period Hydraulic Cylinder: CX Brand 12 months Hydraulic Cylinder Rebuilds 6 months Pump Stations 6 months from Commissioning Laser Cladding and Chrome Work 6 months Axle and Transmission Repair 3 months Monorail Repair 3 months All other repair work 6 months If the Products do not conform to this Limited Warranty during the warranty period (as herein above specified), Buyer shall notify Seller in writing of the claimed defects and demonstrate to Seller's satisfaction that said defects are covered by this Limited Warranty. If the defects on Products are properly reported to Seller within the warranty period, and its suppliers' the defects are of such type and resellers'nature as to be covered by this warranty, entire liability and Your exclusive remedy shall beSeller shall, at Saxonicaits own expense, furnish replacement Products or, at Seller's option, either (i) return provide replacement parts for the defective Products. Shipping and installation of the price paidreplacement Products or replacement parts shall be at Buyer's expense. THIS LIMITED WARRANTY IS BUYER'S EXLCUSIVE REMEDY AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller does not warrant against damages or defects arising out of improper or abnormal use or handling of the Products; against defects or damages arising from improper installation (where installation is by persons other than Seller), against defects in products or components not manufactured by Seller, or against damages resulting from such non-Seller made products or components. Seller passes on to Buyer the warranty it received (iiif any) repair from the maker thereof of such non-Seller made products or replacement components. This warranty also does not apply to Products upon which repairs have been effected or attempted by persons other than pursuant to written authorization by Seller. Warranty liability is limited to the extent of the Software that does value of Products provided (less approved by Seller, materials provided by or work performed by Buyer) or Services provided and in no event shall exceed the value of Sellers invoice for the Products. Warranty is limited based on buyer driven design changes, material changes, application severity or product abuse. This limited warranty shall not meet Saxonicaapply to product samples or prototypes. Samples and prototypes are provided "AS- IS" and Seller has no liability or responsibility for any defects, errors, or omissions in, or any use decisions made by the buyer with or in reliance upon samples or prototypes. THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Seller shall be to repair, reimburse or replace the defective Products in the manner and for the period provided above. All repairs provided under this warranty will be performed at Seller's approved facilities or as agreed in writing between the parties. Seller shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise. Under no circumstances, whether based on this Limited WarrantyWarranty or otherwise, shall Seller be liable for incidental, special, or consequential damages of any kind, including, but not limited to, lost production, removal and installation costs. Seller's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty. This Limited Warranty states the entire obligation of Seller with respect to the Products. If any part of this Limited Warranty is determined to be void if failure of or illegal, the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTremainder shall remain in full force and effect.

Appears in 1 contract

Samples: swsn.app

Limited Warranty. You may obtain without payment a license to evaluate Points North warrants that the Software as a Service will substantially conform in all material respects to the accompanying user manual, provided that they are used on the computer equipment and the operating system for a period which they were designed. The Products, however, are of thirty days. By paying a license fee you such complexity that it may have inherent defects, and Customer agree that you have evaluated the sole remedy for such defects shall be limited to, within reasonable time, Points North providing all reasonable Software services to correct documented logic errors. This warranty shall be null and void in the event that the Software to your satisfaction as a Service is accessed on computer equipment or operating systems not consistent with the equipment and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee environment for the Softwarewhich they were designed, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidare modified, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcemerged with incompatible software products. EXCEPT FOR THE FOREGOINGAS OTHERWISE SET FORTH ABOVE, THE SOFTWARE AS A SERVICE IS DELIVERED TO YOU PROVIDED "AS IS" AND SAXONICA MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PURCHASE OF THE SOFTWARE AS A SERVICE IS FINITE, AND POINTS NORTH IS NOT RESPONSIBLE FOR REPLACING THE SOFTWARE DUE TO LOSS OR DAMAGE OF ANY KIND AFTER INITIAL DEPLOYMENT. POINTS NORTH NEITHER GUARANTEES NOR WARRANTS THE DATA SUPPLIED BY CUSTOMER. POINTS NORTH DOES NOT PROVIDE COMPLIANCE AUDITING OF CUSTOMER-SUPPLIED DATA. LIMITATION OF LIABILITY IN NO EVENT SHALL POINTS NORTH LIABILITY TO CUSTOMER FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY CUSTOMER FOR USE OF THE PRODUCT. IN NO EVENT WILL POINTS NORTH BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THAT PURPOSE POINTS NORTH HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ADVISED OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSPOSSIBILITY OF SUCH DAMAGES. Governing Law This Agreement shall be governed by, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTconstrued, interpreted and enforced in accordance with the laws of the State of Minnesota applicable to agreements made and performed there, without regard to its conflicts of laws principles.

Appears in 1 contract

Samples: Service License Agreement

Limited Warranty. You may obtain without If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment a license to evaluate Alazar Technologies, Inc. during the Software 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty daysparticular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. By paying a license fee you agree that you have evaluated Although Alazar Technologies, Inc. has tested the Software to your satisfaction software and you agree that no refund of reviewed the license fee is available except as specifically provided by this Agreementdocumentation, ALAZAR TECHNOLOGIES, INC. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, BUT NOT LIMITED TOITS QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO SAXONICAITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, TITLEINC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE PROVISION IN LIEU OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ALL OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONORAL OR WRITTEN, EXPRESSED OR IMPLIED. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICANo Alazar Technologies, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSInc. dealer, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.agent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Contents

Appears in 1 contract

Samples: S Guide

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then Mottech Water Solutions Ltd warrants for a period of ninety (90) days from the date of receipt Mottech Water Solutions Ltd’s or its customer’s shipment of the Software, Saxonica warrants Software to you that (i) the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica is recorded will be free from defects in materials and workmanship. Saxonica's, workmanship under normal use and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement the Software, under normal use, will perform substantially in accordance with Mottech Water Solutions Ltd’s published specifications for that release level of the Software that does not meet Saxonica's Limited WarrantySoftware. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica The written materials are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU provided "AS IS" AND SAXONICA MAKES NO and without warranty of any kind. Mottech Water Solutions Ltd's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Mottech Water Solutions Ltd's option, provision of downloadable patch or replacement code, or refund of the unused portion of your bargained for contractual benefit up to the amount paid for this Software License. THIS LIMITED WARRANTY AS TO ITS USE OR PERFORMANCE. TO IS THE MAXIMUM EXTENT PERMITTED ONLY WARRANTY PROVIDED BY APPLICABLE LAW, SAXONICAMOTTECH WATER SOLUTIONS LTD, AND MOTTECH WATER SOLUTIONS LTD AND ITS SUPPLIERS AND RESELLERS, LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR OF IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF AND NONINFRINGEMENT. MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT THAT PURPOSE THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTTECH WATER SOLUTIONS LTD OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN NOTIFIED BY OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL MOTTECH WATER SOLUTIONS LTD OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO YOU TO SAXONICAFOR ANY CONSEQUENTIAL, TITLEINCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Mottech Water Solutions Ltd or a Mottech Water Solutions Ltd representative has been advised of the possibility of such damage. Mottech Water Solutions Ltd's liability to you for direct damages for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREEXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Transfer. In the case of software designed to operate on Mottech Water Solutions Ltd equipment, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESyou may not transfer the Software to another party except: (1) if you are an end-user, when you are transferring the Software together with the Mottech Water Solutions Ltd equipment on which it operates; or 2) if you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software either together with such Mottech Water Solutions Ltd equipment or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior version of the Software. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL If you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software as permitted herein, you agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to the conditions precedent that the other party agrees to accept the terms and conditions of this License, and you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software without our written consent. You may not transfer the Software in violation of any laws, regulations, export controls or economic sanctions imposed by the U.S. Government. Or any other applicable laws. U.S. Government Users. If you are a U.S. Government user, then the Software is provided with "RESTRICTED RIGHTS. YOU MAY HAVE OTHERS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTas applicable.

Appears in 1 contract

Samples: aqualtd.co.il

Limited Warranty. You may obtain without payment a license IMS warrants that the Products sold to evaluate Maxtor shall conform to the Software corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety twelve (9012) days months from the date of receipt by Maxtor. The materials portion of this warranty shall not apply to the extent of defects in the Product directly attributable to the failure of any Materials consigned or supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the SoftwareProducts must be received by IMS no later than fifteen (15) days after the expiration of the warranty period. The warranty does not extend to any Products (i) which have been subjected to misuse, Saxonica warrants neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the Software against any defects resulting from the electronic transmission process, Product. IMS' sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy obligation with respect to defective Products returned under warranty shall be, at Saxonica's IMS' option, either (i) return of the price paid, or (ii) repair or replacement thereof or refund of the Software that does not meet Saxonica's Limited Warrantypurchase price. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplicationTHE EXPRESS WARRANTY AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAIMS MAKES, AND ITS SUPPLIERS HAS MADE, NO OTHER WARRANTIES TO MAXTOR, AND RESELLERS, DISCLAIM IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, IN ANY MANNER OR FORM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAOR NONINFRINGEMENT OF THIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17 ("INDEMNIFICATION")). Maxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., TITLEwhere Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure * 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. of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTsituations where the Product unit has been abused or damaged by persons other than IMS).

Appears in 1 contract

Samples: Manufacturing Services Agreement (International Manufacturing Services Inc)

Limited Warranty. You may obtain without payment a license Subject to evaluate the Software limitations of Section 6, Seller warrants that it will perform the Services as described in this Agreement and will exercise all reasonable skill, care and due diligence in the performance of the Services and shall perform the Services in accordance with professional practice. Seller warrants that all Services performed shall be free from faulty workmanship for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from completion of Services. To the date extent assignable, Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceParts. EXCEPT FOR THE FOREGOINGAS SPECIFIED ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AS PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS" AND SAXONICA MAKES , WHERE-IS, WITH NO WARRANTY AS TO ITS USE OR PERFORMANCEWHATSOEVER. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, SERVICES AND ITS SUPPLIERS PARTS AND RESELLERS, DISCLAIM ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT WHETHER OR NOT THE PURPOSE OR USE HAS BEEN NOTIFIED BY YOU DISCLOSED TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SELLER IN SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller that is used in (i) the selection of the Services and/or Parts and (ii) the preparation of Seller's quotation and/or scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Services or Parts, either alone or in combination with other parts.

Appears in 1 contract

Samples: Services Terms and Conditions

Limited Warranty. You may obtain without payment a license to evaluate Licensor warrants that during the Warranty Period the Software for a period of thirty dayswill conform to the specifications set forth in Licensor’s relevant documentation. By paying a license fee you agree that you have evaluated The “Warranty Period” begins on the date Licensor makes the Software to your satisfaction available for electronic download by Customer and you agree that no refund of the license fee is available except as specifically provided by this Agreementends ninety days later. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, Customer's sole and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall under this limited warranty will be, at SaxonicaLicensor's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not meet Saxonica's Limited Warranty. This Limited Warranty apply if the Software: (a) is void if failure licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Licensor; (c) has not been installed, operated, repaired, or maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software has resulted from accidentitself. DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, abuseXXXXXXXX MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR ANY THIRD PARTY HARDWARE, or misapplicationSOFTWARE AND SERVICES. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceLICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOINGAS EXPRESSLY GRANTED IN THIS AGREEMENT, THE SOFTWARE IS DELIVERED TO YOU "AND ALL RELATED SERVICES ARE PROVIDED “AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICALICENSOR EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND ITS SUPPLIERS AND RESELLERSWITHOUT LIMITATION, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT, WITH REGARD NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE SOFTWAREEXTENT AN IMPLIED TERM, AND CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPERIOD.

Appears in 1 contract

Samples: License and Services Agreement

Limited Warranty. You may obtain without payment a license Other than as to evaluate the Software warranties otherwise expressly agreed to, in writing, by Buyer and Seller, Seller warrants to Buyer that: 1) for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety twelve (9012) days months from the date of receipt delivery of the SoftwareGoods other than “specialty pulleys”, Saxonica warrants Engineered Class pulleys, or ProDuty® pulleys; 2) the Software against any defects resulting from the electronic transmission processlesser of twelve (12) months or two thousand (2,000) hours of use for “specialty pulleys”; 3) two (2) years for Engineered Class pulleys or 4) ten (10) years for ProDuty® pulleys (“Warranty Period”), and any Software media supplied by Saxonica that such Goods will be free from material defects in materials material and workmanship, when used under normal load and operating conditions and installed and maintained properly. Saxonica'sWarranties shall not apply to any Goods which have been subject to misuse, and its suppliers' and resellers'misapplication, entire liability and Your exclusive remedy shall beaccident, at Saxonica's optionneglect, either (i) return modification, repair, improper maintenance, improper storage or improper installation. Misuse includes, but is not limited to, deterioration by chemical action, wear by presence of the price paidabrasive material, or (ii) repair improper lubrication. System design is the sole responsibility of Buyer and excessive or replacement of the Software that does undefined loads shall not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewarranted. EXCEPT FOR THE FOREGOINGLIMITED WARRANTY SET FORTH IN THIS SECTION 8, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA SELLER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWGOODS, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY, ; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED (EXCEPT AS MAY BE AGREED TO BETWEEN BUYER AND SELLER); (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY YOU LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED. Products manufactured by a third party (“Third Party Product”) may be incorporated in, attached to or packaged together with, the Goods. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAXONICAANY THIRD PARTY PRODUCT (EXCEPT AS MAY BE SPECIFIED BY SELLER), TITLEALL OF WHICH ARE HEREBY DISCLAIMED. With respect to any such Goods during the Warranty Period, Seller shall, at its option, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the Price of such Goods. If Seller so requests, Buyer shall, at Buyer's expense (including but not limited to removal of the Goods and in-coming and out-going freight), return such Goods to Seller. THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE THE BUYER'S SOLE AND NON-INFRINGEMENT, WITH REGARD TO EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSSET 9. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONFORTH IN THIS SECTION 8. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTAny action for a breach of warranty must be commenced within one (1) month following expiration of the applicable Warranty Period.

Appears in 1 contract

Samples: www.ppi-global.com

Limited Warranty. You may obtain without payment a license For 90 days from the Date of Confirmation (the "Warranty Period") and subject to evaluate the terms of this Agreement, WinMagic warrants that the Software for a period of thirty dayswill reasonably conform to the specifications contained in the Documentation. By paying a license fee you You agree that the limited warranty set out in this section is invalidated and that you will have no claim whatsoever in respect of that warranty if: (a) you are not the purchaser of the licenses to the Licensed Materials; (b) you fail to report in writing to WinMagic, during the Warranty Period, any defect or error claimed to be a breach of the warranty; (c) the Software is misused; (d) you fail to promptly install an update issued by WinMagic; (e) the claim to defect or error has been caused, in whole or in part, by persons other than WinMagic; or (f) the Software has been installed on a system that has not been certified by WinMagic as compatible with the Software at the time of purchase. If you have evaluated a warranty claim brought properly within the Warranty Period, XxxXxxxx's sole responsibility pursuant to this limited warranty will be, at WinMagic’s sole discretion, to: (i) replace the Software with a version that meets the above- stated warranty; or (ii) terminate this Agreement and return to your satisfaction and you agree that no refund a pro-rata portion of the license fee is available except as specifically provided Fees paid by this Agreementyou for the then current Term. In the case of a perpetual license, such refund will be calculated based on amortization of the Perpetual License Fee over a five (5) year period on a straight-line basis. If You have paid a license fee for WinMagic, at its sole discretion, chooses to replace the Software, then for a period the Warranty Period applicable to the replacement Software will be the greater of ninety (90) the remaining time available to you pursuant to the original Warranty Period or 30 days from the date of receipt of you receive a link allowing you to download the replacement Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited WarrantyTHE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS THE ONLY WARRANTY MADE BY WINMAGIC IN RESPECT OF THE SOFTWARE. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA WINMAGIC MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICAWARRANTIES, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND THERE ARE NO CONDITIONS, EITHER OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIEDIMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEIN CONNECTION WITH (i) THE LICENSED MATERIALS (EXCEPT FOR THE SOFTWARE WARRANTY EXPRESSLY PROVIDED ABOVE) OR SUPPORT SERVICES, AND NON-INFRINGEMENT, WITH REGARD TO THE (ii) ANY OPEN SOURCE SOFTWARE, AND THE PROVISION OF (iii) ANY THIRD PARTY SOFTWARE, OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED (iv) ANY PRODUCTS OR SERVICES NOT PROVIDED BY SAXONICAWINMAGIC, INCLUDING STATEMENTS REGARDING THE CONFORMANCE ANY CLOUD OR OTHER THIRD PARTY HOSTING SERVICES , ALL OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, WHICH ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTEXPRESSLY DISCLAIMED BY WINMAGIC.

Appears in 1 contract

Samples: Acceptance of Agreement

Limited Warranty. You may obtain without payment a license to evaluate For the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of your receipt of the Software, Saxonica SilverStream warrants that the Software, when properly used, will operate in all material respects in conformity with its Documentation, and the Software against any defects resulting from the electronic transmission process, media shall be free of defects. SilverStream warrants that Software telephone support and any Software media supplied by Saxonica training services ("Related Service(s)") will be free from defects performed by qualified personnel in materials a professional manner. In the event of non-conforming Software or Related Service(s), or if the media is defective, your sole remedy and workmanship. Saxonica's, and its suppliers' and resellers', entire SilverStream's exclusive liability and Your exclusive remedy shall be, as applicable and at SaxonicaSilverStream's option, either (i) return of the price paid, or (ii) repair or replacement of the affected Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure or media, or re-performance of the Software has resulted from accident, abuseRelated Service(s) at no additional charge, or misapplicationa refund of the fees paid for the affected Software or Related Service(s). Any replacement Software will be warranted for an additional ninety (90) daysSome jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE EVALUATION SOFTWARE IS DELIVERED AND ANY THIRD PARTY SOFTWARE ARE PROVIDED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE WITHOUT ANY WARRANTY, EXPRESS OR PERFORMANCEIMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM SILVERSTREAM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEPURPOSE, AND NON-INFRINGEMENTWHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH REGARD RESPECT TO THE SOFTWARE, AND ITS DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE PROVISION SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF SOFTWARE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSRELATED SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION ACKNOWLEDGE YOUR RESPONSIBILITY TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING (I) REGULARLY BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM USING THE CONFORMANCE SOFTWARE AND (II) ADEQUATELY TEST PRIOR TO DEPLOYMENT EACH PRODUCTION VERSION OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSSOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED DEPLOYMENT OR PRODUCTION ENVIRONMENT. This limited warranty gives you specific legal rights. You may have other rights that vary among jurisdictions. Some jurisdictions do not allow the exclusion of implied conditions or warranties, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTstatutory or otherwise, so the above exclusions may not apply to you.

Appears in 1 contract

Samples: Business Partner Agreement (Silverstream Software Inc)

Limited Warranty. You may obtain without payment Seller warrants that parts will be made in a license to evaluate workmanlike manner and in accordance with the Software for a period quality standards defined in this agreement. Customer will notify Seller in writing of any parts which were not made in accordance with this warranty within thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (9030) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission processafter their delivery, and any Software media supplied by Saxonica will if Customer should fail to give such notification, claims for breach of warranty, if any, shall be free from defects waived. Except in materials and workmanship. Saxonica'sthe case of conversion work, and its suppliers' and resellers', entire liability and Your exclusive remedy shall beSeller will, at Saxonica's its own expense and option, either repair or replace the parts which Seller determines not to be in conformance with this warranty, provided that Customer has notified Seller in writing of any such defect within the stated thirty (i30) return day period. SELLER’S OBLIGATION HEREUNDER IS EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PARTS WITHOUT COST TO CUSTOMER, OR AT SELLER’S OPTION, THE REPAYMENT OF THE PURCHASE PRICE UPON RETURN OF THE PARTS, AND SHALL NOT INCLUDE CLAIMS FOR DEFECTS ARISING FROM NEGLIGENCE, RECOVERY UNDER TORT OR STRICT LIABILITY LAW, CLAIMS BASED ON DEFECTIVE TRADE PRACTICES, EXPENSES OF CUSTOMER RESULTING FROM DEFECTS, LOSS OF USE, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND. Customer’s sole and exclusive remedy will be limited to such repair, replacement or return. Customer agrees to indemnify Seller from all liability arising from Customer’s faulty or improper design of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warrantypart. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSParts may be returned at the expense of Seller only after inspection by a Seller representative and upon receipt by Customer of definite shipping instructions and an authorization identification number. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTSuch returns shall be deducted from the total quantity shipped and replacements will be shipped against the original order.

Appears in 1 contract

Samples: www.pressforge.com

Limited Warranty. You may obtain without payment a license to evaluate THE NEXT PHASE warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically in its browser version, iOS mobile app version, or Android mobile app version, if provided by this Agreement. If You have paid a license fee for the SoftwareTHE NEXT PHASE, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be is free from defects in materials material and workmanship. Saxonica'sTHE NEXT PHASE’s sole liability, and its suppliers' and resellers'your sole remedy, entire liability and Your exclusive remedy for any breach of this warranty shall be, at Saxonica's option, either in THE NEXT PHASE’s sole discretion: (i) return of to repair the price paiddefective Software provided via the browser version, the iOS mobile app version, or the Android mobile app version ; or (ii) repair or replacement if the above remedy is impracticable, to refund the License fee you paid for the subscription of the Software during that does not meet Saxonica's Limited Warrantyperiod of time it was defective. This Limited Warranty is void Repaired Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software. Only if failure you inform THE NEXT PHASE of your problem with the Software during the applicable warranty period and provide evidence of the Software has resulted from accident, abuse, or misapplication. Any replacement date you subscribed to use the Software will THE NEXT PHASE be warranted for an additional ninety (90) daysobligated to honor this warranty. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceTHIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE NEXT PHASE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA NEXT PHASE MAKES NO WARRANTY AS TO ITS USE OTHER WARRANTY, REPRESENTATION, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONDITION, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLEPURPOSE, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, WITH REGARD INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE SOFTWAREABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, AND SO LIMITATIONS MAY NOT APPLY TO YOU. NO THE PROVISION OF NEXT PHASE AGENT OR FAILURE SALES REPRESENTATIVE IS AUTHORIZED TO PROVIDE SUPPORT SERVICESMAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software in its iOS version or Android version by you during the warranty period; if the Software is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of the hardware and software with which the Software was designed to be used. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY HAVE OTHERS, WHICH OTHER LEGAL RIGHTS THAT VARY FROM STATE/JURISDICTION STATE TO STATE/STATE OR BY JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: Software License Subscription Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction Xxxxxxxx-Medisize warrants that: (a) standard and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media custom products supplied by Saxonica will hereunder shall be free from defects in materials or workmanship appearing within a period of one year from delivery, (b) services supplied hereunder shall be performed in a professional manor and workmanship. Saxonica'scomply with applicable industry standards, (c) production tooling supplied hereunder shall be free from defects in material or workmanship and be capable of producing the number of units detailed in Xxxxxxxx-Medisize's proposal provided such tools are used and maintained exclusively by Xxxxxxxx- Medisize at Xxxxxxxx-Medisize's facilities, and (d) engineering samples, models, and prototypes shall be built from sound materials and conform to workmanship standards typical for such samples, models, or prototypes. Should the services, products, or production tools supplied hereunder fail to conform to the above stated limited warranty, Xxxxxxxx-Medisize in its suppliers' and resellers'sole discretion shall repair, entire liability and Your replace, or refund the purchase price of the non-conforming services, products, or tools. This remedy shall be Customer's exclusive remedy for Xxxxxxxx-Medisize's breach of warranty. Customer shall begive Xxxxxxxx-Medisize written notice of any alleged non-conformance within ten days (10) after discovery by Customer. Upon request, at SaxonicaCustomer shall return the allegedly non-conforming item, F.O.B. Xxxxxxxx-Medisize's optionfacility, either (i) return of the price paidtransportation charges prepaid. No warranty hereunder shall be assignable or transferable by Customer, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warrantyshall inure to any third party. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" FOREGOING LIMITED WARRANTY AND SAXONICA MAKES NO WARRANTY AS TO ITS USE REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, TORT LIABILITY AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOR RIGHTS OF REJECTION, EITHER EXPRESS OR IMPLIEDIMPLIED BY LAW, EQUITY, CONTRACT, CUSTOM, USAGE, OR COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU PURPOSE. XXXXXXXX- MEDISIZE SHALL NOT BE LIABLE TO SAXONICACUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, TITLEINCIDENTAL, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTCONTINGENT DAMAGES WHATSOEVER.

Appears in 1 contract

Samples: www.phillipsmedisize.com

Limited Warranty. You may obtain without payment a license Seller warrants its products to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software be in conformance with its plans and specifications and to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipworkmanship under normal use and service for 12 months from the date stamp control on the product, or for products not having a date stamp, for 12 months from date of original purchase. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy Seller's obligation shall bebe limited to repairing or replacing, at Saxonica's its option, either (i) return free of charge for materials or labor, any part which is proven not in compliance with Seller's specifications or proves defective in materials or workmanship under normal use and service. Seller shall have no obligation under this Limited Warranty or otherwise, if the price paidproduct is altered or improperly repaired or service by anyone other than Seller, or (ii) repair or replacement of in the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of event the Software product has resulted from been improperly installed improperly used, abused, altered, damaged, subjected to accident, abusenuisance, floor, fire, lightning surge or act of God, or misapplicationon which any serial numbers have been altered, defaced or removed. Any replacement Software will be warranted for an additional ninety (90) daysFor warranty service, please refer to our dealer policy. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOINGTHESE ARE NO WARRANTIES, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HERE OF IN NO CARE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHERS BASIS OF LIABILITY WHATSOEVER, EVEN IF THAT PURPOSE HAS BEEN NOTIFIED THE LOSS OR DAMAGE IS CAUSED BY YOU TO SAXONICASELLER'S OWN NEGLIGENCE OR FAULT. Seller does not represent that, TITLEthe products it sells may not be compromised or circumvented, AND NON-INFRINGEMENTthat the products will prevent any personal injury, WITH REGARD TO THE SOFTWAREany property loss by burglar, AND THE PROVISION OF robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained our products may only reduce the risk of a burglary, robbery or fire without warning, but it is not insurance or a guarantee that such will not occur or that there will be no personal injury or properly loss as a result. CONSEQUENTLY, SELLER SHALL HAVE NO LIABLITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF OTHER LOSS BASED ON A CLAIM THE PRODUCT FAILED TO EXTERNALLY PUBLISHED SPECIFICATIONSPERFORM ITS INTENDED FUNCTION. However, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTif Seller is held liable, whether directly or indirectly, for any loss or damage, arising under this Limited Warranty or otherwise, regardless of cause or origin, Seller's maximum liability shall not in any case exceed the purchase price of the product, which shall be the complete and exclusive remedy against Seller. This warranty replaces any previous warranties is the only warranty made by Seller on this product. No increase or alteration, Written or verbal, of this obligation of this Limited Warranty is authorized.

Appears in 1 contract

Samples: magnet.com.my

Limited Warranty. You may obtain without payment a license to evaluate We warrant that the disk on which the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee TLVs® and BEIs® and Documentation is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipdelivery. Saxonica's, and its suppliers' and resellers', Our entire liability and Your your exclusive remedy under this paragraph shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or be replacement of the Software that does disk not meet Saxonica's meeting this Limited Warranty. This Limited Warranty is void if You may be required to return the defective disk to us. If failure of the Software disk has resulted from accident, abuse, or misapplicationmisapplication of the Software, then we shall have no responsibility to replace the disk under this Limited Warranty. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR OTHER THAN THE FOREGOINGEXPRESS WARRANTY SET OUT ABOVE, THE SOFTWARE IS DELIVERED TO YOU "AND TLVs® AND BEIs® AND DOCUMENTATION ARE PROVIDED “AS IS" AND SAXONICA MAKES NO ,” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO ITS THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND “TLVs® AND BEIs® AND DOCUMENTATION ARE ASSUMED BY YOU. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWRESULTS OF THE USE OF, SAXONICATHE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND ITS SUPPLIERS YOU RELY ON THE SOFTWARE AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSRESULTS/PERFORMANCE SOLELY AT YOUR OWN RISK. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGTHAT IS MADE BY US WITH REGARD TO THE SOFTWARE AND THE TLVs® AND BEIs® AND DOCUMENTATION, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY ALSO HAVE OTHERS, WHICH OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license to evaluate Provider warrants that the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica Products will comply with Recipient’s Specifications; will be free from defects in materials material, design, workmanship and workmanship. Saxonica'stitle which affect form, fit or function; and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either will function properly under ordinary use for a period of one (i1) return year from the date of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcedelivery. EXCEPT FOR THE FOREGOINGAS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA PROVIDER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, PURPOSE. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTINCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, OR IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN PROVIDER, RECIPIENT, THEIR RESPECTIVE AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS. 5 – CONFIDENTIALITY Information disclosed by Recipient and Provider hereunder shall be deemed to be “Confidential Information” under, and as such shall be subject to the terms and conditions of, the Micron Wholly-Owned Subsidiary Mutual Nondisclosure Agreement between MTI, on the one hand, and Provider, on the other hand, effective on even date herewith, as may be replaced or amended from time to time (the “Confidentiality Agreement”). Work Product IP shall be deemed to be “Micron Confidential Information” under, and as such shall be subject to the terms and conditions of, the Confidentiality Agreement. All Confidential Information disclosed by Recipient to Provider shall remain the exclusive property of Recipient. Except as otherwise provided by the Confidentiality Agreement, Provider shall not use the Confidential Information for any purpose other than to perform its obligations under this Agreement or otherwise for the benefit of Recipient. The obligations hereunder shall be in addition to and not reduce the obligations under the Confidentiality Agreement. If the Confidentiality Agreement expires without being replaced prior to the expiration of this Agreement, the Confidentiality Agreement shall remain in effect with respect to Confidential Information disclosed hereunder. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Supply Agreement (Micron Technology Inc)

Limited Warranty. You may obtain without payment a license Products sold by MELA are warranted to evaluate conform to ---------------- specifications therefor at the Software time of delivery to Centillium and to remain free from defects in workmanship and material for a period of twelve(12) months from the date of shipment by MELA. Any products which fail to meet either such warranty shall, at MELA's option, either be repaired or replaced by MELA at no charge to Centillium or MELA shall issue a credit therefor in the amount paid by Centillium on the said invoice. MELA's warranty obligation shall be limited solely to such repair, replacement or credit. Such obligation shall be conditioned upon receipt by MELA of notice of any alleged non-conformance to specifications within thirty days(30) days after delivery to Centillium and of any alleged defect in material or workmanship within thirty (30) days after discovery. By paying a license fee you agree that you have evaluated Products which MELA consents or directs in writing to be returned shall be returned to MELA, freight prepaid, F.O.B. MELA's facility in Sunnyvale, California or other destination directed by MELA. Without limitation, MELA shall be responsible for any costs associated with the Software to your satisfaction and you agree that no refund removal of the license fee is available except as specifically provided Products from items into which such Products have been integrated by Centillium (or other third parties), MELA's warranty shall only apply if the products have not been altered or repaired other than with authorization from MELA and according to its approved procedures, the products have not been subjects to misuse, abuse, improper installation, misapplication, maintenance, neglect or accident, the products have not been damaged by excessive physical or electrical stress and the products have not had their serial numbers, or other markings, if any, altered, defaced or removed. All Products or parts determined to be defective shall become the property of MELA upon replacement, and MELA reserves the right to utilize refurbished parts to repair or replace the warranted products. Warranty repairs or warranty replacements shall be subject to this Agreement. If You have paid a license fee warranty for the Software, then for a period longer of (a) ninety (90) days from the date of receipt following shipment of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paidrepaired/replaced products, or (iib) repair or replacement the remainder of the Software that does not meet Saxonica's Limited Warrantyoriginal warranty for the defective product which has been repaired or replaced. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE FOREGOING WARRANTY IS DELIVERED TO YOU "AS IS" EXCLUSIVE AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDEING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TO ANYIMPLIED WARRANTY OK MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION COURSE OF DEALING OR FAILURE TO PROVIDE SUPPORT SERVICESUSAGE OF TRADE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY MELA SHALL HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE NO RESPONSIBILITY FOR ANY PARTICULAR APPLICATION MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTPRODUCT.

Appears in 1 contract

Samples: Wafer Supply Agreement (Centillium Communications Inc)

Limited Warranty. You may obtain without Seller warrants that all Products sold are new and, upon payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund in full by Buyer of the license fee Product, free and clear of any security interests or liens. THIS WARRANTY IS THE EXCLUSIVE WARRANTY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THIS PARAGRAPH. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, BY OPERATION OF LAW OR OTHERWISE, OR AS TO MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Solely as a convenience to Buyer, if Xxxxx believes any Product is available except initially defective as specifically provided by this Agreement. If You have paid a license fee for non-conforming to the SoftwarePO description of the Product or was shipped to Buyer in error, then for a period Buyer shall give Seller written notice of ninety the alleged nonconformance or error within 10 five (905) business days from the date of receipt of the Software, Saxonica warrants Product. Seller’s sole obligation under the Software against any defects resulting from the electronic transmission processforegoing events, and any Software media supplied by Saxonica Xxxxx’s exclusive remedies, will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall belimited, at Saxonica's optionSeller’s election, either to either: (i) return replacement of the price paidnon-conforming Product, or (ii) repair refunding the purchase price for such Product paid by Buyer and, at Seller’s election, either return the Product to Seller (at Seller’s expense), make the Product available for inspection and/or procurement by Seller or replacement its agents at Buyer’s place of business. In no event shall Seller’s liability for non-conforming Product exceed the lesser of the Software price of the Product or the amount paid by Buyer. Seller shall not be responsible for any defect in Product that is created or originates after the Product is shipped from Seller, including Product subjected to combination, modification, adulteration, misuse, neglect, accident, improper handling or storage, or which has been altered or misbranded by anyone other than Seller or its authorized representative or modifications to or adaptations of the Product made by Buyer or others. Seller shall not be liable on any notice of claim for non- conforming Product which is not issued to Seller within 30 days after such Product has been received by Buyer. Upon acceptance of Product by Xxxxx, Buyer irrevocably waives any right to revoke such acceptance for any reason, whether known of unknown to Buyer at the time of acceptance. SELLER DISCLAIMS ANY AND ALL WARRANTIES AND/OR INDEMNIFICATION AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. SELLER SHALL, IF GIVEN PROMPT NOTICE BY BUYER OF ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER, REQUEST THE MANUFACTURER TO GRANT FOR THE BUYER SUCH WARRANTY OR INDEMNITY RIGHTS AS THE MANUFACTURER MAY CUSTOMARILY PROVIDE WITH RESPECT TO SUCH PRODUCT. Seller does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of warrant that the Software has resulted from accident, abuseuse of, or misapplication. Any replacement Software the subsequent sale of, the Product delivered hereunder will be warranted for an additional ninety (90) days. Neither these remedies nor not infringe the claims of any United States or other patents covering the Product itself or the use thereof in combination with other products or other goods or as a part of another product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTor good.

Appears in 1 contract

Samples: Seller’s Standard Terms and Conditions

Limited Warranty. You may obtain without payment a license to evaluate the Software for a period of thirty daysENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/terms-conditions.pdf. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR ENDOCARTS HAS THE FOREGOINGRIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. ANY SUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE ENDOCARTS WEBSITE. ENDOCARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLEAS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND NONENDOCARTS DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS. Endocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, including, without limitation, accident, vandalism, natural disaster, acts-INFRINGEMENTof-God, WITH REGARD TO THE SOFTWAREpower failure, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESor electric power surges; (ii) abuse, misuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSNo representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. YOU MAY HAVE OTHERSAny Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the same limitations, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTexceptions and conditions will apply.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. You may obtain without payment a license to evaluate the Software MIC warrants that, for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) 90 days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement first installation of the Software that does not meet Saxonica's Limited Warranty(the "Warranty Period"), the Software will perform substantially in accordance with the Documentation. This Limited Warranty is void if the failure of the Software has resulted from accident, abuse, abuse or misapplication. Any replacement If, during the Warranty Period, a defect appears in the Software, you may return the media on which the Software was provided to you, to MIC for a replacement, or, if so elected by MIC, refund the most recent quarterly license fee, if any, paid by you for the continuation of this Agreement. Neither MIC nor any of its Authorized Providers warrant the completeness or accuracy of any information contained in the Software, Documentation or Data, or that the use of the Software will meet your needs or that its use will be warranted for an additional ninety uninterrupted or error free. THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY MIC OR ITS AUTHORIZED PROVIDERS OF ANY WARRANTIES (90EXPRESS OR IMPLIED) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceMADE UNDER THIS AGREEMENT. EXCEPT FOR THE FOREGOINGWARRANTIES SET FORTH ABOVE, THE SOFTWARE IS DELIVERED TO YOU LICENSED "AS IS," AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, MIC AND ITS SUPPLIERS AUTHORIZED PROVIDERS DISCLAIM ANY AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, TITLE AND NON-INFRINGEMENT. THE DATA IS PROVIDED COMPLETELY "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WITH REGARD EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO MIC DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE SOFTWAREFOREGOING WARRANTIES. Some states or countries may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESso the above limitations and exclusions may not apply to you. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSThis warranty gives you specific legal rights, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAand you may also have other rights, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTwhich vary from state to state and country to country.

Appears in 1 contract

Samples: Commander End User License Agreement

Limited Warranty. You may obtain without payment a license to evaluate WHAT IS COVERED: For one (1) year after we complete the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund installation, we will repair or replace any defective part of the license fee system without charge to you. We can use new or used parts of the same quality. WHAT IS NOT COVERED: Repair of the system is available our only duty. This warranty does not include batteries or labor associated with the replacement of batteries and other disposable items. We make no other express warranty including any warranty of merchantability of the system or its fitness for any special purchase. We do not warrant that the system or services cannot be defeated or compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident, Acts of God, your failure to properly use the system, power failures or surges, or if someone other than us attempts to repair or change the system, or any other reason except as specifically provided by a defect in the equipment or our installation. To obtain warranty service, see paragraph (4) of this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defects in materials and workmanshipWE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE FOREGOINGSYSTEM. DISCLAIMER OF LIABILITY; WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM OR SERVICES WILL PREVENT ANY LOSS OR INJURY DUE TO BURGLARY, HOLD UP, FIRE, OR OTHERWISE, OR THAT THE SOFTWARE IS DELIVERED TO SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH THEY ARE INTENDED. YOU "AS IS" ACKNOWLEDGE AND SAXONICA MAKES AGREE THAT: (A) WE HAVE MADE NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER WHATSOEVER, BUT NOT LIMITED TONOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES, IMPLIED WARRANTIES EXPRESS OR IMPLIED; (B) YOU ASSUME ALL RISK OR LOSS OR DAMAGE TO YOUR PREMISES OR TO THE CONTENTS THEREOF; AND ASSUME ALL RISK OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU INJURY (INCLUDING PERSONAL INJURY OR DEATH) TO SAXONICA, TITLEPERSONS USING OR ON THE PREMISES. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE CENTER’S RESPONSE, AND NON-INFRINGEMENT, WITH REGARD TO WE HAVE NO CONTROL OVER THE SOFTWARE, AND THE PROVISION RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU PERSON WHO MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE BE NOTIFIED AS A RESULT OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTSYSTEM OR SERVICES BEING USED.

Appears in 1 contract

Samples: Service Agreement

Limited Warranty. You may obtain without payment a license Except as expressly set forth in, and subject to evaluate the Software terms of, this Paragraph 6 and Paragraph 7 hereof, IT IS AGREED THAT NO EXPRESS WARRANTY RELATING TO GOODS SOLD NOR FITNESS FOR PURPOSE PURSUANT HERETO IS MADE BY SELLER HEREUNDER. Seller hereby warrants that the goods sold pursuant hereto (a) shall for a period of thirty daysone year from the date of shipment to Buyer be free from defects in manufacturing, processing, assembly and workmanship, to the extent such manufacturing, processing, assembly workmanship was performed by Seller; (b) at the time of shipment substantially conformed to the specifications, if any, set forth, or previously delivered to and accepted by Seller, (the “Specifications”); and (c) are free of liens, security interests and other encumbrances existing in favor of others created by Seller. By paying a license fee you agree that you have evaluated the Software to your satisfaction Buyer shall give Seller, as soon as is reasonably possible and you agree that in no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety event later than ten (9010) days from the date of receipt delivery, written notice of all respects in which Buyer claims the goods to be non-conforming or at variance with Specifications, and Buyer shall afford Seller a reasonable opportunity to inspect the goods after any such notice has been given. Seller shall have the right to require the return of goods to establish the claim, however, no goods shall be returned without Seller’s consent. Buyer shall accept minor variations in dimensions or other variance from Specifications so long as there is no impairment of function or useful life of the Softwaregoods sold pursuant thereto. Any claims under the limited warranty of Seller set forth in this Paragraph 6 shall be limited to the repair or replacement, Saxonica warrants the Software against any as elected by Seller, of defective or nonconforming goods, provided Seller is notified in writing by Buyer of such defects resulting or nonconformity as set forth above in this Paragraph 6, but in no event later than one year from the electronic transmission processdate such goods are shipped to Buyer. Seller’s obligation to repair or replace defective or nonconforming goods, as stated in this Paragraph 6, shall constitute Buyer’s sole and exclusive remedy, and the limit of Seller’s liability, for failure of the goods to conform to the limited warranty hereunder. Buyer irrevocably waives all other remedies against Seller, whether provided by law, in equity or otherwise. If any goods have been damaged or subjected to misuse, neglect, improper operation, storage, or handling, accident or alteration after it has left the possession of the Seller, this limited warranty shall be void with respect to those goods. This limited warranty shall not apply to any goods which must be replaced or fail because of a buyer’s or user’s negligence or misuse or which have been modified in any way by a buyer or user without the express prior written authorization of Seller. Unless otherwise expressly agreed to in writing by Seller, the duration of any of this limited warranty shall not be extended, and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica'srepair, replacement, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) time necessary to repair or replacement replace any goods, shall not extend any time period of the Software that does not meet Saxonica's Limited Warrantyany warranty. This Limited Warranty is limited warranty shall be void if failure of invoice payment is delinquent and not paid within the Software has resulted from accident, abuse, or misapplicationpayment terms. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized source. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WIHTOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU WITH REPSECT TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF ANY GOODS SOLD OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACTDELIVERED PURSUANT HERETO.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. You may obtain without payment a license to evaluate TRUMPF TR warrants that (a) the Software for a period of thirty days. By paying a license fee you agree that you have evaluated will perform substantially in accordance with the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then accompanying written materials for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants Software (the Software against any defects resulting from the electronic transmission process“Warranty Period”), and (b) any Software media supplied warranty services provided by Saxonica TRUMPF TR shall be substantially as described in applicable written materials provided to you by TRUMPF TR, and TRUMPF TR support engineers will be free from defects in materials make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, any and workmanshipall warranties are limited to the Warranty Period. Saxonica's, TRUMPF TR’s and its suppliers' ’ entire liability, and resellers', entire liability and Your your exclusive remedy shall be, at Saxonica's TRUMPF TR’s option, either (i) return of the price paidpaid for the Software, if any, or (iib) repair or replacement of the Software that does not meet Saxonica's this Limited Warranty. This Limited Warranty is void if failure Licensee (or any entity other than Licensor) modifies the Software or any of the Open Source Components or uses the Software has resulted from accident, abusein any hardware environment other than according to directions provided by Licensor, or misapplicationin any way not permitted by this XXXX. Any replacement Software software will be warranted for an additional ninety (90) the remainder of the original warranty or thirty days, whoever is longer. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourceAll warranty claims must be made within the Warranty Period. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEDISCLAIMER OF OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND TRUMPF TRAND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDORIMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAPURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, INFRINGEMENT WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. You may obtain without payment a license Your Service Provider warrants that the Bell Modem and the power supply provided with the Bell Modem (collectively referred to evaluate as the Software “Warrantied Products”) will be free from material defects in material and workmanship for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety twelve (9012) days months from the date of activation of the Bell Modem (the “Product Warranty”). The Product Warranty will apply only if Your Service Provider’s tests disclose that the alleged defect is due solely to defects in material or workmanship. The Product Warranty will not apply if your Service has been terminated for any reason unless you have migrated to another Bell Internet service and are using the Bell Modem with respect to such other Bell Internet service. YOU ACKNOWLEDGE AND AGREE THAT YOUR SERVICE PROVIDER’S SOLE OBLIGATION AND YOUR SOLE REMEDY UNDER THE PRODUCT WARRANTY WILL BE LIMITED TO REPAIR OR REPLACEMENT OF THE WARRANTIED PRODUCTS WITH RECONDITIONED OR REFURBISHED EQUIPMENT WITHIN THE PRODUCT WARRANTY PERIOD. To the extent that Your Service Provider substitutes all or part of the Warrantied Products with another substantially similar model and make of modem and/or power supply, as the case may be, which modem and/or power supply may be reconditioned or refurbished (collectively “Replacement Equipment”), you acknowledge that, upon delivery to you of the Replacement Equipment, the provisions of the Service Agreement dealing with or applicable to the Warrantied Products that are being replaced by Your Service Provider (“Replaced Equipment”) will automatically and without any further act, thing or document: (i) terminate and be at an end with respect to that Replaced Equipment; and (ii) apply to the Replacement Equipment as if they were the original Warrantied Products acquired hereunder and all of the terms of the Service Agreement applicable to the Warrantied Products will apply to the Replacement Equipment without any novation occurring or being deemed to have occurred with respect to the Replacement Equipment. The term “Warrantied Products” hereunder will, in such circumstances, be deemed to refer to the Replacement Equipment in place of the Replaced Equipment. You agree that upon receipt of the SoftwareReplacement Equipment you will return the Replaced Equipment. If you fail to return the Replaced Equipment immediately following receipt, Saxonica warrants Your Service Provider may charge your credit card or pre-authorized payment method for the Software against cost of the Replacement Equipment and you will pay such cost. You are responsible for the use and compatibility of the Service and the Bell Modem Kit with any defects resulting from equipment, software, services and/or other materials not provided by Your Service Provider, including without limitation, the electronic transmission processCustomer-Provided Modem (collectively, the "Third Party Equipment and Services"). To the extent permitted by applicable law, Your Service Provider disclaims all responsibility for determining compatibility between the Service, the Bell Modem Kit and any Software media supplied Third Party Equipment and Services. To the extent permitted by Saxonica will be free from defects in materials applicable law, the entire risk as to the availability and workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return performance of the price paid, Service or (ii) repair or replacement of the Software that does not meet Saxonica's Limited Warranty. This Limited Warranty any deliverable provided under this Service Agreement is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by Saxonica are available without proof of purchase from an authorized sourcewith you. EXCEPT FOR THE FOREGOINGAS EXPRESSLY SET OUT IN THIS SECTION 21, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICATHE SERVICE AND THE EQUIPMENT AND ANY SOFTWARE OR OTHER DELIVERABLES PROVIDED BY YOUR SERVICE PROVIDER, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND AND NO WARRANTIES OR CONDITIONS ARE MADE WITH RESPECT TO PERFORMANCE, AVAILABILITY, UNINTERRUPTED OR ERROR FREE USE OR OPERATION. OTHER THAN THE PRODUCT WARRANTY, YOUR SERVICE PROVIDER AND ITS AFFILIATES, AGENTS AND/OR SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER MAKE NO EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS, INCLUDINGWARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TOTO WARRANTIES OF TITLE OR NON- INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARESERVICE, EQUIPMENT, ANY SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED OR RECOMMENDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND THE PROVISION ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSIMPLIED ARE, ARE MADE TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. NEITHER YOUR SERVICE PROVIDER NOR ITS AFFILIATES, AGENTS AND/OR SUPPLIERS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED, TRANSMITTED IN GOOD FAITH BUT DO UNCORRUPTED FORM OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME, THAT SUCH DATA OR FILES WILL NOT CONSTITUTE PART BE INTERCEPTED, THAT OTHER PERSONS WILL NOT GAIN ACCESS TO YOUR ACCOUNT, THE SERVICE, ANY EQUIPMENT, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ANY CONTRACTVIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL NOT BE SUBJECT TO "CACHING" AT INTERMEDIATE LOCATIONS ON THE INTERNET WHEN BEING ACCESSED THROUGH THE SERVICE.

Appears in 1 contract

Samples: Service Agreement

Limited Warranty. You may obtain without payment a license to evaluate the Software We warrant that, for a period of thirty daysone (1) year after delivery, our software will function in accordance with the accompanying documentation in all material respects. By paying a license fee you agree that you have evaluated the Software to As your satisfaction sole and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, exclusive remedy and any Software media supplied by Saxonica will be free from defects in materials and workmanship. Saxonica's, and its suppliers' and resellers', our entire liability and Your exclusive remedy shall befor any breach of this limited warranty, we will repair or replace, at Saxonica's optionno additional charge to you, any of our software that fails to meet it. We also warrant that we either (i) return of the price paidown all right, title and interest to our software, or (ii) repair or replacement of have sufficient rights to grant you the Software that does not meet Saxonica's Limited Warrantylicenses provided in this agreement. This Limited Warranty is These limited warranties shall automatically become null and void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor anyone other than us modifies our software in any product support services offered by Saxonica are available without proof of purchase from an authorized sourceway. EXCEPT FOR THE FOREGOINGAS EXPRESSLY PROVIDED IN THIS SECTION, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES WE MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH OTHER WARRANTIES, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EVEN PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICAYOUR LOCAL LAW DOES NOT ALLOW OUR EXCLUSION OF IMPLIED WARRANTIES, TITLETHEN ANY IMPLIED WARRANTIES, AND NON-INFRINGEMENTGUARANTEES, WITH REGARD TO OR CONDITIONS LAST ONLY DURING THE SOFTWARE, AND TERM OF THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU SPECIFIC LEGAL RIGHTSCAN EXERCISE ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. YOU MAY HAVE OTHERSDefense of Infringement Claims. We will defend any action brought against you to the extent that it is based upon a claim that our software infringes any patent, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONcopyright or trade secret (as defined by the United States Uniform Trade Secret Act), and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded or paid in settlement in any such action, provided that: (i) you promptly notify us in writing of the claim; (ii) you grant us sole control of the defense and settlement of the claim; and (iii) you provide us with all assistance, information and authority reasonably required for the defense and settlement of the claim, at our expense. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICAIf your use of any of our software is, INCLUDING STATEMENTS REGARDING THE CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONSor in our opinion is likely to be, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY CONTRACT.subject to the type of infringement claim specified above, we may, at our sole option and expense: (i) procure for you the right to continue using our software; (ii) replace or modify our software so it is non-infringing, but retains substantially the same functionality; or (iii) if neither (i) nor (ii) can be accomplished despite our reasonable efforts, then we may terminate your rights and our obligations under this agreement with respect to such software and refund to you the unamortized portion of the license fees paid for such software based on a straight-line three (3) year depreciation from the date you received the software. We will have no liability for infringement claims of any kind arising from (i) any use of our software beyond the scope of this agreement or any accompanying documentation;

Appears in 1 contract

Samples: License and Services Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.