Services and Warranties. The Parties shall perform the services described in this Agreement and Exhibit A. Subject to the terms and conditions of this Agreement, Contractor shall complete the Deliverables in a timely manner and as directed by Company. All Deliverables are subject to Company’s final approval and will be performed in accordance with Company’s standards. Contractor is not authorized to enter contracts or agreements or create obligations on behalf of Company to third parties unless otherwise indicated by Company, in writing. Contractor agrees to use Contractor’s best efforts in the diligent performance of the duties Contractor performs on behalf of Company. Contractor represents and warrants that:
Services and Warranties. Right Networks agrees to provide the Services in accordance with the terms of this Agreement. Notwithstanding the foregoing, because many events and circumstances are beyond the control of Right Networks, Right Networks does not in any way warrant or otherwise guarantee the availability or performance of the Third Party Leased Software that comprise the Services, and is not responsible for any delay or loss of data or other data corruption, lack of or slow internet connectivity, lack of or slow computer processing, insufficient memory, driver incompatibility, version incompatibility, or any other issues that may arise, whether or not due to the negligence of Right Networks. Right Networks does not guarantee that Customer Data cannot be stolen, exfiltrated, lost, damaged, altered, deleted or manipulated. Right Networks does not guarantee that your computer will not get a virus, malware, hacked, ransomwared, infected or otherwise attacked or compromised, or that Right Networks will detect any such intrusion. In the event Customer Data is compromised, Right Networks will use commercially reasonable efforts to restore your Customer Data, settings, and configurations to restore you to your original position. Notwithstanding anything in this Agreement to the contrary, Right Networks may, at its sole discretion, take all such actions as it may deem necessary or advisable to assure the security of its network, the integrity of the network structure, or to prevent damage to its network, its software or any data stored on the Right Networks servers. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND RIGHT NETWORKS MAKES NO WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILTY TO USE THE SERVICES OR ANY PORTION, COPY OR COMPONENTS THEREOF) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY RIGHT NETWORKS, OR THEIR QUALITY OR RELIABILITY, OR OTHERWISE ARISING UNDER THIS AGREEMENT. Information obtained by you from the internet may be inaccurate, offensive or in some cases even illegal. With the exception of the content found on Right Networks websites, Right Networks has no control over information contained on the internet. Right Networks, therefore, accepts no responsibility or liability for any information which you may rec...
Services and Warranties. The Parties shall perform the Services described in this Agreement and Exhibit A. Contractor represents and warrants that:
Services and Warranties. 5.1. The Company shall commence on the delivery of the Services on the date of this Agreement or, if later, such date as is specified, and shall endeavour to achieve any timescales required by the Client, but:-
Services and Warranties. 31 2.32 Authority Relative to Agreements; Enforceability; Company Shareholder Agreement.......................................................32 2.33 Disclosure..................................................................32
Services and Warranties. The Disclosure Letter describes or specifically references all warranties or other commitments that may give rise to claims against the Company or ViraTrac, Inc. (collectively "Commitments") made by the Company or ViraTrac, Inc. with respect to services provided by the Company or ViraTrac, Inc. during the last three (3) years. Except for experience consistent with the Company's or ViraTrac, Inc.'s past experience and disclosed or reserved against in the Annual Statements and the Interim Statements, all services provided by the Company and ViraTrac, Inc. during the last three (3) years complied in all material respects with the Commitments applicable thereto and with all requirements in the agreements applicable to such services. Except as listed on the Disclosure Letter, there has been no breach or departure in any respect by the Company or ViraTrac, Inc. from its Commitments in connection with the services by the Company or ViraTrac, Inc. in the last three (3) years that could reasonably be expected to result in material liability. Except as set forth in the Disclosure Letter, there are no claims against the Company or ViraTrac, Inc. of any kind with respect to the services it has provided that are pending or, to the Company's knowledge threatened, and no such claims were outstanding during the two years preceding the date hereof. No services were provided in a manner that will result in any claim against the Company or ViraTrac, Inc. that could reasonably be expected to result in material liability.
