Warranty and Disclaimers Sample Clauses

Warranty and Disclaimers. AMGAS warrants to Customer that during the Warranty Period (as defined below), the Equipment will be free from material defects in parts and workmanship (the "Warranty"). The Warranty is subject to the proper use, operation, and maintenance of the Equipment in accordance with the Operating Manual. The Warranty shall not apply to material defects caused or as a result of: accident, misuse, misapplication, abuse, storage, damage, negligence, or modification of or to the Equipment or any of its components; tampering, modification, adjustment or repair of the Equipment by any person other than AMGAS or as described in the Operations Manual; installation of any accessories onto, or replacement of any parts forming part of, the Equipment; or acts or events beyond AMGAS’ reasonable control, including acts of God, civil or military authority, civil disturbance, or power line/transmission line voltage. A claim under the Warranty must be made by Customer in writing to AMGAS within thirty (30) days of the manifestation of a material defect with the Equipment giving rise to such Warranty claim. AMGAS’ sole obligation under the Warranty is, at AMGAS’ option, to repair, replace or correct any such material defect that was present at the time of delivery, or to remove, or have removed, the Equipment and to refund the Purchase Price to Customer. The "Warranty Period" begins on the date the Equipment is delivered to Customer and continues for twelve (12) months. Any repairs under this Warranty must be conducted by an authorized AMGAS service representative. AMGAS does not authorize any person or party to assume or create for it, or extend, enlarge, or transfer, any other obligation or liability in connection with the Equipment except as set forth herein. THE INDEMNITY AND WARRANTY IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES PROVIDED IN RESPECT OF THE EQUIPMENT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AMGAS HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY WITH RESPECT TO THE FUNCTION, DURABILITY, COMPATIBILITY, OR OPERATION OR USE OF THE EQUIPMENT, AND ANY WARRANTY THAT THE EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS.

Warranty and Disclaimers. UNLESS OTHERWISE DISALLOWED BY LAW, SOCKET MOBILE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS, WITHOUT TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER, AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOCKET MOBILE HERBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS OF ANY KIND WITH RESPECT TO SOCKET MOBILE SOFTWARE OR ANY COMPONENT THEREOF, EITHER EXPRESS, IMPLIED, OR STATUORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON- INTERFERENCE, WHETHER IMPOSED BY LAW, CONTRACT, STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USAGE, OR OTHERWISE.. SOCKET MOBILE DOES NOT WARRANT THAT SOCKET MOBILE SOFTWARE WILL MEET YOUR REQUIREMENTS OR YOUR NEEDS; SOCKET MOBILE SOFTWARE IS OR WILL BE ERROR OR DEFECT FREE, FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES, ACCURATE, OR COMPLETE; SOCKET MOBILE SOFTWARE WILL BE ACCESSIBLE PERMANENTLY OR UNINTERRUPTED; USE OF SOCKET MOBILE SOFTWARE WILL NOT CAUSE DATA LOSS; ANY OR ALL ERRORS, DEFECTS, OR NONCONFORMITIES WILL BE CORRECTED; AND THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING SOCKET MOBILE SOFTWARE. NO SUCH WARRANTY IS IMPLIED FROM ANY DESCRIPTION OF SOCKET MOBILE SOFTWARE, ANY AVAILABLE DOCUMENTATION, ANY ORAL OR WRITTEN COMMUNICATION, OR ANY OTHER COMMUNICATION OR ADVERTISEMENT. YOU EXPRESSLY AGREE THAT USE OF SOCKET MOBILE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SOCKET MOBILE SOFTWARE IS WITH YOU. Socket Mobile is under no obligation to indemnify, hold harmless, and defend You and Your successors, and assigns, and their directors, officers, employees, independent contractors and agents from any and all claims, causes of actions, lawsuits, proceedings, or any other actions, whether imposed by contract, law, statute, as a result of a course of dealing, custom, usage, or otherwise for any liabilities, damages, or losses (“Damages/Losses”). Damages/Loss shall mean any liabilities, damages or losses that include but are not limited to direct, indirect, incidental, special, consequential, or exemplary damages resulting from loss of profits, savings, income, business opportunity, or goodwill, loss of data, personal injury, property damage, environmental damage, expenses, costs, attorneys’ fees, court and other costs and expenses. All w...

Warranty and Disclaimers. Licensor represents that it has the right to grant the license herein and warrants the Product to be free from defects in material and workmanship under normal use for 30 days from the date of license. Licensor’s entire liability and Licensee’s sole and exclusive remedy for a breach of the foregoing warranty and with respect to any claims arising out of this Agreement is the refund of the license fee or replacement of the Product, at Licensor’s option. Licensee represents and warrants that it has the right and authority to enter into this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE PRODUCT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE PRODUCT AS DELIVERED BY LICENSOR AND WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. Customer warrants that it has the right to provide any Data which it submits to viaLink pursuant to this Agreement and that all such Data shall be accurate. Subject to Customer's satisfaction of the requirements of this Agreement, viaLink will make the Services available during this Agreement. THE FOREGOING WARRANTY IS EXCLUSIVE. VIALINK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Further, viaLink does not warrant (i) that the availability of the Services will be uninterrupted or without delays, (ii) that the Services or Data provided thereby will be error free, (iii) that Data provided by others via the Services will be accurate, (iv) against any Data discrepancies attributable to Customer's failure to access the then current Data in a timely manner or to Customer's errors in handling or using such Data or (v) that others who have provided Data via the Services have the rights to make such Data or any portion thereof available to Customer. Notwithstanding anything to the contrary in this Agreement, viaLink expressly disclaims and makes no warranty or representation regarding the capability or function of any third party product or service used by Customer or at Customer's direction to connect or exchange information with the Services, and viaLink shall not have any liability whatsoever regarding the same. Any alleged breach of warranty by viaLink must be reported by Customer to viaLink in writing or by e-mail within forty-eight (48) hours of performance of the Services.

Warranty and Disclaimers. Begell House, Inc. warrants that it has the power to enter into this Li- cense and the right and authority to grant the rights conferred herein to the Subscriber. THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. ACCESS TO THE BEGELL DIGITAL LIBRARY ONLINE SERVICE AND THE ONLINE JOURNALS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE. THE USE OF THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERI- ALS CONTAINED THEREIN IS AT THE USER’S OWN RISK. Except as provided above, BEGELL HOUSE, INC. MAKES NO WARRAN- TIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUD- ING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, AVAILA- BILITY, PERFORMANCE, OR ACCURACY; AND BEGELL HOUSE, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, NONIN- FRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

Warranty and Disclaimers. A. We warrant that the Professional Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards. B. You must report any deficiencies in the Professional Services to Us in writing within ninety (90) days of performance of such services in order to receive warranty remedies. C. This warranty is exclusive and in lieu of all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

Warranty and Disclaimers. (a) Changepoint warrants that during the Warranty Period: (i) the Licensed Software will conform substantially to the description thereof in the Documentation, and (ii) the media upon which the Licensed Software and Documentation are provided will be free from defects in materials and workmanship. (b) Changepoint warrants that the Licensed Software shall be able to accurately process date data (including but not limited to, calculating, comparing, and sequencing) from, into and between the 00xx xxx 00xx xxxxxxx (xxx "X0X Xxxxxxxx"). However, such warranty does not apply to any failures to process date data that result from any software other than the Licensed Software or hardware or which relate to accepting data from any system not supplied by Changepoint. For greater clarity the Y2K Warranty shall only apply if Customer uses the Software in accordance with the Documentation. (c) Customer's exclusive remedy and Changepoint's sole obligation with respect to the breach of any of the foregoing warranties is for Changepoint to (i) make commercially reasonable efforts to correct or provide Customer with a workaround for the failure of the Licensed Software to conform substantially to the description thereof in the Documentation or to comply with the Y2K Warranty, as the case may be, or, at Changepoint's sole option, provide Customer with a refund for the License Fees paid with respect to such Licensed Software, and (ii) provide Customer with replacement media in the event there are defects in materials or workmanship in the media upon which the Licensed Software and Documentation are provided if the media is returned to Changepoint within the Warranty Period. (d) OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 6.1(A) AND 6.1(B), CHANGEPOINT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. CHANGEPOINT DOES NOT REPRESENT OR WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET CUSTOMER'S BUSINESS REQUIREMENTS, (II) THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR (III) THAT ALL PROGRAMMING ERRORS CAN BE CORRECTED. (e) Customer is responsible for taking precautionary measures to prevent the loss or destructi...

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content).

Warranty and Disclaimers. If applicable, Licensee represents that it has the authority to act on behalf of the Participating Institutions in entering into this Agreement. AIPP represents and warrants that it is authorized to grant Licensee, the Participating Institutions (if applicable), and its/their Authorized Users the rights granted herein. Except as set forth in the preceding sentence, the Platform and the Licensed Content are provided on an “as-is” and “as-available” basis. AIPP makes no warranty or representation of any kind with respect to the Licensed Content or the Platform, express or implied, including its quality, originality, availability, accessibility, accuracy, performance, non-infringement, merchantability or fitness for a particular purpose, or that access to the Platform and the Licensed Content will achieve a particular result, or such access will be uninterrupted or error-free.

Warranty and Disclaimers a. Nutraid shall make reasonable efforts to upkeep and maintain a level of service that is consistent with prevailing industry standards subject to minor errors and interruptions. Services may from time to time be interrupted by the need for program maintenance, updates and improvements or due to circumstances beyond the control of Nutraid. Nutraid shall make reasonable efforts to notify Customers in advance of such actions. b. Nutraid draws nutrition information from various reliable data sources including the database provided by UK Food Standards Agencies, approved industry standard database namely XxXxxxx and Xxxxxxxxx and the United States Department of Agriculture (USDA), in addition to Nutraid’s additional entries. Nutraid also draws data from other worldwide data sources and from specialist products produced by third parties. Nutraid accepts no responsibility for the accuracy of any data in its database. . Nutraid takes data from an ingredient created by the Customer at ‘face value’ and will include the data into the calculation of recipes of the Customer. c. The Customers must use their own skills when using the software and checking its accuracy, Nutraid accepts no liability for the results derived from the Customer’s entries onto the service. d. No warranty is given by Nutraid to the Customer that the Services or any component thereof is free of error or that the Services meet any of Customer's specific requirements. e. Nutraid does not hold itself out as an expert in any particular circumstance. Advice provided by Nutraid may not be current and may not be relied upon. The Customer is expressly advised to obtain appropriate expert advice relevant to the Customer’s particular circumstances f. Nutraid makes no warranty that the results generated by the Services will be free from error. Before relying on the results generated by the Services in any circumstance, the Customers should evaluate for themselves the accuracy, completeness and relevance of the results for its purposes. g. The Customer agrees by signing these terms and conditions that they understand that food composition data is derived from an average of nutrient values from samples. The nutrient composition of foods and ingredients can vary substantially over different batches and Nutraid cannot give any warranty and give no warranty in respect of the accuracy of the information provided and that there are numerous factors including difference in brands and products, seasonal changes, p...