Warranties and Disclaimer of Warranties. THE ENGINE WAS DELIVERED AND IS BEING LEASED BY LESSOR TO LESSEE "AS IS" AND "WHERE IS". LESSEE EXPRESSLY AGREES THAT IT TOOK THE ENGINE ON SUCH BASIS. LESSOR HAS NOT AND SHALL NOT BE DEEMED TO HAVE MADE, BY VIRTUE OF HAVING LEASED THE ENGINE UNDER THIS LEASE OR BY HAVING ACQUIRED THE ENGINE OR DONE OR FAILED TO DO ANY ACT OR ACQUIRED OR FAILED TO ACQUIRE ANY STATUS UNDER OR IN RELATION TO THIS LEASE, AND NEITHER LESSOR NOR OWNER PARTICIPANT HAS MADE, AND LESSOR FOR ITSELF AND OWNER PARTICIPANT, HEREBY SPECIFICALLY DISCLAIMS, ANY GUARANTY, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE (EXCEPT AS HEREINBELOW PROVIDED), AIRWORTHINESS, VALUE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR OR ANY PURPOSE OF THE ENGINE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE ENGINE, THE ABSENCE THEREFROM OF LATENT OR OTHER DEFECTS WHETHER OR NOT DISCOVERABLE, THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT OR AS TO ANY OTHER GUARANTY, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENGINE, INCLUDING WITHOUT LIMITATION ANY LIABILITY IN TORT, OBLIGATION OR LIABILITY ARISING FROM NEGLIGENCE, STRICT LIABILITY, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE OR
Warranties and Disclaimer of Warranties. 5.1 Limited Support Services Performance Warranty. Elastic warrants that it will perform the Support Services, as applicable, in a professional, workmanlike manner, consistent with generally accepted industry practice, and in accordance with any applicable Support Services Policy. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Customer’s exclusive remedy, shall be for Elastic to re-perform the applicable Support Services.
Warranties and Disclaimer of Warranties. 1. THE LICENSOR warrants that THE SOFTWARE will implement the functionalities and perform substantially in accordance with the official documentation, which is available free of charge on the website of THE LICENSOR.
Warranties and Disclaimer of Warranties a) You represent and warrant that You have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to Your Product. If You use third-party materials, You represent and warrant that You have the right to distribute the third-party material in Your Product. Notwithstanding anything to the contrary, You must have the right to distribute and exploit Your Products posted on the Platform throughout the jurisdictions in the world where Your Product is distributed. Obtaining and maintaining such rights with respect to the Products is Your sole responsibility. You agree that You will not submit material to the Platform that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material.
Warranties and Disclaimer of Warranties. The Company will use due care in providing the Services, including, but not limited to, employing security measures in accordance with applicable industry standards; however, you acknowledge and agree that the Websites, Apps, and Services, as a result of being operated via the Internet, involve certain possibilities of errors, omissions, delays, loss or mutilation of documents or data or other occurrences which may give rise to loss or damage. The Company's responsibility in the event of any such defects, errors or omissions shall be limited to the correction of any errors which are due to mistakes by the Company's employees or contractors or to the malfunction of the Company's equipment. You understand, acknowledge and agree that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Websites or Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES, APPS, CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, APPS, CONTENT OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES OR APPS, OR ON ANY WEBSITES, APPS, CONTENT OR SERVICES LINKED TO OR FROM THEM. YOUR USE OF THE WEBSITES, APPS, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE WEBSITES OR APPS IS AT YOUR OWN RISK. THE WEBSITES, APPS, CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE WEBSITES OR APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES OR APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THE APPS, SERVICES, CONTENT OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITES OR APPS WILL BE ACCURAT...
Warranties and Disclaimer of Warranties. SERVICE PROVIDER'S INFORMATION PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. SERVICE PROVIDER WARRANTS THAT SERVICE PROVIDER PROVIDES PROFESSIONAL SERVICES USING COMMERCIALLY REASONABLE CARE AND SKILL. SERVICE PROVIDER DOES NOT WARRANT UNINTERRUPTED OR ERROR- FREE OPERATION OF ITS PRODUCTS OR THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE. THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES FROM SERVICE PROVIDER AND REPLACE ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND CURRENTNESS. SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THOSE EXPLICITLY PROVIDED IN THIS SECTION Error! Reference source not found.. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Warranties and Disclaimer of Warranties. (a) Lessee represents that, as of the Installation Date set forth in the applicable Equipment Schedule, it shall have (i) thoroughly inspected the Equipment, (ii) determined for itself that all Items of Equipment are of a size, design, capacity, and manufacture selected by it, and (iii) satisfied itself that the Equipment is suitable for Lessee's purposes. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying data of the Equipment.
Warranties and Disclaimer of Warranties. (a) EACH MANUFACTURER REPRESENTS AND WARRANTS THAT PRODUCTS MANUFACTURED BY IT PURSUANT TO THIS AGREEMENT WILL BE (I) MANUFACTURED SUCH THAT THE PRODUCTS ARE NOT NON-CONFORMING PRODUCTS AND (II) PACKAGED AND TRANSFERRED IN COMPLIANCE WITH THIS AGREEMENT. ANY MEASURES TAKEN TO REMEDY NON-CONFORMANCE WITH THIS REPRESENTATION AND WARRANTY WILL BE AT THE MANUFACTURER’S SOLE COST AND EXPENSE. SUBJECT TO THE FOREGOING, PRODUCTS SUPPLIED BY THE MANUFACTURER ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE.
Warranties and Disclaimer of Warranties. Licensor warrants that the technology underlying this Agreement is accurate, complete and capable of meeting the targets of this Agreement, which are assessment of the clinical safety and the clinical efficacy of HE3235 in the Field of Use. Licensee warrants that Licensee will (i) obtain a license to practice any valid third party patent if such license is needed to exercise its rights hereunder or (ii) terminate this agreement in accord with applicable termination provisions hereunder. Licensee further warrants that Licensee has the permits needed to make and the permits needed to sell the Licensed Products and that any Sublicensee or Affiliate will have the necessary permits needed to make and/or sell the Licensed Products as applicable. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER PARTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE UNDERSTANDS AND AGREES THAT LICENSED PRODUCTS HEREUNDER ARE EXPERIMENTAL IN NATURE AND ARE PROVIDED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Warranties and Disclaimer of Warranties. Xxxxx Scientific hereby undertakes and warrants that; a) it has the right to grant a license for the Use of the Software according to the terms of this agreement; b) For the ninety days following the delivery (the “Software Warranty Period”), the software will perform substantially in accordance with the specifications described in the Manual, when properly operated on the designed Platform. Except as expressly set forth in this section, Xxxxx Scientific makes no other warranties, express, implied or statutory, regarding the software or services, and expressly disclaims all implied warranties of merchantability, non-infringement, title and fitness for a particular purpose. Neither Xxxxx Scientific nor its suppliers warrant that the software or any services performed hereunder will be free from defects. Customer acknowledges that it has relied on no warranties other than the express warranties in this agreement.
