Negotiating software contracts successfully negotiating a. Customers sole and exclusive remedy and vendor s sole and exclusive liability shall be for vendor to use reasonable efforts to repair or replace the defective software. Other features include power incline up to 20 levels and oversize foot pedals for a. Negotiating software contracts successfully negotiating. So, what you can do is give the warranty it should be a to the best of its knowledge warranty ideally, but specifically state that the sole and exclusive remedy for breach of the ip warranty is indemnification pursuant to the ip infringement indemnity elsewhere in the agreement. As customers sole and exclusive remedy and proofpoints entire liability for any breach of the foregoing warranty, proofpoint will x use reasonable efforts to fix, provide a work around, or otherwise repair or replace the software or, if proofpoint is unable to do so, y terminate this exhibit and return the subscription fees. If the product is determined to be materially defective during the warranty period, your sole remedy and leapfrog s sole and exclusive liability under this warranty shall be limited to the repair or replacement of the product with a new or refurbished product at leapfrog s option. Instead of sole and exclusive remedy, you could say sole. Any thirdparty products, including software included with skycaddie products are not covered by this consumer limited warranty, and the company makes no representations or warranties on behalf of such third parties.
Does the warranty include sole and exclusive remedies for breach of warranty e. Customers sole remedy and illuminas sole obligation under the foregoing warranty shall be for illumina to use commercially reasonable efforts to correct any substantial. Revisiting sole and exclusive adams on contract drafting. Customers sole and exclusive remedy and vendors sole and exclusive liability shall be for vendor to use reasonable efforts to repair or replace the defective software. The warranty section deals with the performance of the software and what the licensor promises the software will or will not do. To the maximum extent permitted by applicable mandatory laws, this international limited warranty is your sole and exclusive remedy and is in lieu of all other warranties, expressed or implied. Master software license, support and services agreement. No warranty will apply if the hardware or software i has been altered, except by juniper networks. Actiontec electronics shall not be responsible for any software, firmware, information or memory data or customer contained in, stored on, or integrated with any products returned to actiontec electronics for repair, whether under warranty or not. This paragraph states dells sole obligation and your and enduser s exclusive remedy under the independent software warranty. If the customer is not required to file its claim during the warranty period, it can file a claim much later so long as it asserts that the defect occurred during the warranty period. If enact fails to provide to an end user access meeting the requirements of this warranty, lifescan shall be entitled to a refund of reporter and service fees for such end user. The end users sole and exclusive remedy and the entire liability of cambium networks under this product warranty will be, at cambium networks option, repair of the product, shipment of a replacement within the warranty period and according to the replacement process described on the cambium networks product warranties web page, or a.
Licensees exclusive remedy and licensors entire liability for breach of this agreement shall be limited, at licensors sole and exclusive discretion, to. Terms not defined herein shall have the meanings assigned to them in mellanoxs standard terms and conditions of sale, the sla or the std. Limited warranty software driven cloud networking arista. Gulfcoasts state of the art digital video and data recorders feature best in class video compression and remote. The sole and exclusive remedy of the customer and the entire liability of juniper networks under this limited warranty shall be the replacement of the media containing the software. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the square reader for magstripe. The warranty section deals with the performance of the software.
The exclusive remedy may be liquidated damages, replacement, or refund. You and licensor consent to the jurisdiction of such courts and. Warranties and indemnities in software licence agreements legal. Pctels sole and exclusive obligation under the foregoing warranty is, at its option, to repair or replace any defective antenna product that fails during the warranty period.
Gulfcoast software solutions flexible, innovative, leading edge loss prevention software suite features multiple device data mining, and a broad range of real time, event driven, local and enterprise tools that simplify lp operations, and pinpoint targeted activity for action. Limited warranties, remedies, exclusions and disclaimers. A warranty is one of the most important contract provisions in a software contract. Drafting software agreement warranty, limitation of liability and indemnification provisions negotiating clauses that protect against service defects, limit potential damages and allocate risk. For your product warranty coverage, please see the aruba product warranty summary. Opengear waives the benefit of any rule that disclaimer of warranty shall be construed against opengear and agrees that such disclaimers herein shall be construed liberally in favor of opengear. This agreement shall not govern the licensing of such separate software. If the returned product is no longer available, zircon may replace the product with a similar product of similar function. When granting or receiving a licence under intellectual property rights, the parties need to consider at the earliest stage the degree of exclusivity that will be.
Warranty and software license agreement xclaim wireless. To obtain warranty service, contact your local garminauthorized dealer or call garmin product. Cisco warrants that the media on which the software is recorded will be free from defects in materials and workmanship under normal use for a period of from the date of delivery. The expense of removal and reinstallation of any item is not included in this warranty.
Any warranty on such products is from the supplier or licensor of the thirdparty product. This limited software warranty is subject to certain exclusions, conditions, exceptions and limitations. A standard software warranty provides that the software performs substantially in accordance with an identifiable set of functional specifications. Does the warranty include sole and exclusive remedies for breach of warranty. Simple and quick warranty registration for all sole fitness products. Warranty terms for sports watches and dive products.
This warranty shall not apply to any product which has been incorrectly installed, modified, or otherwise damaged. Sole and exclusive drafters can always do better than use the phrase sole and exclusive, with its inherent redundancy. The warranty does not apply to product bought from auctionstyle or pricebid websites. These are your sole and exclusive remedies for any breach of warranty during this sixty 60 day period. Networking products from aruba, a hewlett packard enterprise company, set the standards for quality and reliability, and come with warranties you can depend on. If the products fail to comply with the limited warranty set forth above, the sole and exclusive remedy of the purchaser shall be the repair of the defective products. Does the warranty include sole and exclusive remedies for breach of. The sole and exclusive remedy of such original end user under this limited warranty shall be a returntofactory repair or replacement at panasass sole option of the hardware that does not comply with the above warranty. For instance, if a licensor the technology company is licensing a piece of its software to an end user the customer, the customer might ask that the technology company both provide a warranty of noninfringement and agree to indemnify the customer against third party claims that technology companys software infringes the third partys ip. While the suppliers of massmarket software offer very limited warranty. Masterclock does not warrant that the software will meet your requirements, that operation of the software will be uninterrupted or errorfree, or that all software errors will be corrected.
The foregoing sets forth mellanoxs sole and exclusive obligation and customers sole and exclusive remedy for warranty claims arising from or related to customers std and sla. Warranty information for hypertherm products hypertherm. This is your sole and exclusive remedy for breach of this limited lifetime warranty. This disclaimer of warranty may not be valid in some jurisdictions, and enduser may have warranty rights under law which may not be waived or disclaimed. Terms not defined herein shall have the meanings assigned to them in mellanoxs. For instructions on how to obtain warranty service, contact suunto support or your local authorized suunto retailer. The proposal included a sole and exclusive remedy limited to repair or.
To return product, call the zircon customer service number below to request an rma number and return product with shipment tracking to. Performance warranties in computer contracts findlaw. Software warranty to certified partners minimum one 1. Netros sole and exclusive remedy, and ciscos sole and exclusive liability, under this warranty will be replacement of the media. The supplier will also want to clearly state that the remedies set forth in the warranty provision are the exclusive remedies for any breach of warranty. Remedies for breach of warranty tech contracts academy. Warranty coverage terminates if you sell or transfer your square reader for magstripe.
In the event of a breach of warranty by planetscale under this agreement, customers sole and exclusive remedy, and planetscales entire. A standard software warranty provides that the software performs. Negotiating representations, warranties, and indemnification. Repairs or replacements may be performed using factoryrefinished parts or products.
Drafting software agreement warranty, limitation of. If during the warranty period any component part of the product becomes defective by reason of defects in material or workmanship, the company will either, at its discretion, refund the purchase price of the product, replace or repair the defective product. Licensing exclusive nonexclusive sole taylor wessing. The developer warrants that, for a period of media warranty period following delivery of the software, the media upon which the software is delivered will be free from defects in materials and workmanship under normal use.
This shall be the sole and exclusive remedy under this warranty. Using in a contract the phrase sole and exclusive license, with the two mutually incompatible terms combined, is a sign of confusion on the part of the drafter. Hypertherm provides repair, replacement or adjustment of the product as the sole and exclusive remedy, if and only if the warranty set forth herein properly is invoked and applies. If during the warranty service or repair of the product, the contents of the hard disk or any other data storage media are altered, deleted, modified, or lost, mobiledemand is not responsible and shall have no liability for the loss of data or damage or deletion to any nonfactory installed software or hardware. During this period, sloan valve company will, at its option, repair, replace, or refund the purchase price of any product which fails to conform with this warranty under normal use and service.
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