Software Limited Warranty. LICENSEE warrants that the disks containing the Software shall be free from defects and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) days from the date of delivery. Any written or oral information or advice given by LICENSEE distributors, agents or employees will in no way increase the scope of this warranty. LICENSEE's entire liability and the END USER's exclusive remedy will be, at LICENSEE's sole option, to replace the disk or to use LICENSEE's reasonable efforts to make the Software meet the warranty set forth above. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer. The END USER agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSEE under a separate support agreement. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF LICENSEE SHALL BE LIMITED TO REFUND TO THE END USER THE FEE PAID BY THE END USER FOR THE SOFTWARE.
Software Limited Warranty. (i) ANY SOFTWARE LICENSED UNDER A SPECIAL PURPOSE LICENSE IS FURNISHED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Software Limited Warranty. ECHELON warrants to VAR that the (i) the media on which the Software is delivered will be free of defects in materials and workmanship for a period of ninety (90) days after delivery to VAR, and (ii) the Software under normal use will perform substantially in accordance with the Software specifications for a period of ninety (90) days after delivery to VAR. ECHELON’s entire liability and VAR’s exclusive remedy under this warranty will be, at ECHELON’s option, to use reasonable commercial efforts to attempt to correct or work around errors or to replace the Software with functionally equivalent software. From time to time, ECHELON may make other warranty programs available to VAR.
Software Limited Warranty. Meya warrants that the Platform Services will operate in substantial conformity with the applicable written documentation provided by Meya. For any breach of this warranty, Customer's remedy shall be that Meya will, at its expense, correct any errors identified by Customer in the Platform Services, in addition to any other remedy that might be available to Customer for such breach by Meya. Meya also warrants that it will maintain the Platform Services at reputable third party Internet service providers and hosting facilities. Meya warrants that it has implemented industry best practices security measures, including without limitation, technical, physical and procedural controls to protect Customer Data against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by Xxxx, whether by accident or otherwise. However, the Customer acknowledges and agrees that, notwithstanding such security measures, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Platform Services and Customer Data. Accordingly, Meya cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Software Limited Warranty. 5.1.a The Software is free of material defects (Sachmangel) if – at the time of delivery - it essentially complies with the user documentation published by Honeywell and is suitable for the use stipulated in the License Agreement. Beyond the aforementioned, Honeywell does not owe a more extensive quality of the Software.
Software Limited Warranty. Subject to Licensee’s full compliance with the terms and conditions of this Agreement and the payment of the Software License Fee, Company warrants that, for a period of sixty (60) days following Licensee’s receipt and installation of the Software in accordance with the above (the “Original Warranty Period”), the Software will substantially perform as described in the Documentation (the “Limited Warranty”). Company’s sole liability for any breach of this Limited Warranty shall be, at Company’s sole discretion, either (i) to replace or repair the Software that does not conform with this Limited Warranty, or (ii) to refund Licensee with the Software License Fee and in such case, this Agreement shall be terminated automatically upon such refund. Any replaced or repaired Software shall be subject to the Limited Warranty for the remainder of the Original Warranty Period or thirty (30) days, whichever is longer. Company and Reseller shall have no duty to honor this Limited Warranty unless Licensee notifies the Company and/or the Reseller in writing during the Original Warranty Period of such nonconformity in detail. No Company’s dealer, distributor, reseller (including Reseller) or agent is authorized to make any modification, extension or addition to this Limited Warranty. This is Licensee’s sole and exclusive remedy under this Limited Warranty. The Licensee’s written notification of any nonconformance must include sufficient detail for the Company to analyze the alleged nonconformance. The Licensee must provide commercially reasonable assistance to the Company in analyzing and remediating any nonconformance of the Software. The Limited Warranty shall not apply to any problem with the Software caused by (i) any modification or servicing of the Software by any party other than Company (directly or through Reseller) and/or without Company’s prior written consent; (ii) Use of the Software other than in accordance with the Documentation; (iii) Use of the Software with hardware or software not specified in the Documentation;
Software Limited Warranty. Miovision warrants that the Miovision Platform will operate in substantial conformity with the applicable documentation provided by Miovision and that Miovision will maintain the Miovision Platform at reputable third party Internet service providers and hosting facilities. Miovision has implemented reasonable security measures, including commercially reasonable technical, physical and procedural controls to protect Customer Data against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by Miovision, whether by accident or otherwise. However, the Customer acknowledges and agrees that, notwithstanding such security measures, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Miovision Platform and Customer Data. Accordingly, Miovision cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet. For any breach of this warranty, the Customer’s sole and exclusive remedy and Miovision’s sole and exclusive liability, shall be for Miovision to correct any reported failure in the Miovision Platform, or, if Miovision is unable to provide such correction, the Customer shall be entitled to recover that prepaid portion of the Fees in respect of the non-conforming Miovision Platform.
Software Limited Warranty. For any Software received under this ------------------------- Agreement or any Supplement(s) S, Citrix warrants that, from the date of delivery of the Software through to the expiration or termination of this Agreement, (i) the diskettes and/or CD-ROMs on which the Software is furnished under normal use will be free from defects in materials and workmanship and (ii) will perform substantially in accordance with the Citrix product documentation published by Citrix and included with the Software. Citrix's and its suppliers' entire liability and ASP Member's exclusive remedy under this warranty (which is subject to ASP Member's returning the Software to Citrix) will be, at Citrix's option, to replace the Software or to refund any license fees attributable to the defective products.
Software Limited Warranty. ZPE warrants that, for a period of one (1) year from the date of ZPE Systems invoice (“Warranty Period”) or during the Evaluation License described in Section 3(d), the Software Product will perform substantially in accordance with the documentation for the Software Product accompanying the Software Product, when operated by Licensee in the manner provided in such documentation.
Software Limited Warranty. LIMITED WARRANTY. Search Technology warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. The media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use. CUSTOMER REMEDIES. Your sole remedy under the warranty during this ninety (90) day period is that Search Technology will undertake to correct within a reasonable period of time any reported "SOFTWARE Error" (failure of the SOFTWARE to perform substantially the functions described in the documentation), correct errors in the documentation, and replace any media which proves defective in materials or workmanship on an exchange basis without charge. In order to make a claim under this warranty you must return the defective item to Search Technology, postage prepaid, within ten (10) days after the warranty period. If Search Technology is unable to replace defective media or if Search Technology is unable to provide corrected SOFTWARE or corrected documentation within a reasonable time, Search Technology will, at its sole and exclusive option, either replace the SOFTWARE with a functionally equivalent program at no charge to you or refund the purchase price. These are your sole exclusive remedies for any breach of warranty during this ninety (90) day period. Search Technology does not warrant that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE errors will be corrected. Search Technology is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the SOFTWARE nor for problems in the interaction of the SOFTWARE with non-Search Technology software. Search Technology will have no responsibility to replace or refund the license fee of media damaged by accident, abuse, or misapplication. The above warranties are exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. No oral or written information or advice given by Search Technology, its employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties. Some states do not allow the exclusion of implied warranties, so the above exclus...
