Limited Subscription Warranty Sample Clauses

Limited Subscription Warranty. With regard to subscriptions issued under this Agreement, the following limited warranty shall apply: 1.2.1 The Parties agree and acknowledge that the Qlik Products are provided “without warranty of any kind, express or implied, including but not limited to, the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, whereas Qlik shall remedy any defects in kind as part of its ongoing support obligations which are included and fully compensated by the support fee. Further, Qlik and its vendors disclaim any warranty that Customer’s use of the Qlik Products will be uninterrupted or error free. Qlik does not warrant or guarantee that it will correct any errors or inaccuracies in GeoAnalytics or Geocoding data. Customer’s use of the Qlik Products is solely at its own risk. 1.2.2 The Parties agree and acknowledge that the following modifications of Customer’s statutory warranty rights shall apply: (a) Qlik shall have no liability for initial material defects of the Software (Sachmängel) regardless of whether they have been caused by Qlik’s fault (verschuldensunabhängig); (b) Customer’s: (i) right of reduction (Minderung), (ii) set- off and (iii) retention shall be excluded unless, as regards to (ii) and (iii), Customer asserts such rights on the basis of claims that have been asserted by a final court judgment; (c) Any warranty claims of Customer against Qlik shall become time-barred 12 months after the start of the statutory warranty period; and (d) For the avoidance of doubt, the Parties agree and acknowledge no further warranty period shall apply in regard to updates or upgrades to the Software that Qlik provides during the initial or any renewal term of the subscription licenses. Any damage claim Customer has under an applicable warranty shall be limited by the limitation of liability provision set forth under Section 5 of this Agreement.
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Limited Subscription Warranty. With regard to subscriptions issued under this Agreement, the following limited warranty shall apply:
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Limited Subscription Warranty. With regard to subscriptions issued under this Agreement, the following limited warranty shall apply: 1.2.1 The Parties agree and acknowledge that the Intel 471 Products are provided “without warranty of any kind, express or implied, including but not limited to, the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, whereas Intel 471 shall remedy any defects in kind as part of its ongoing support obligations which are included and fully compensated by the support fee. Further, Intel 471 and its vendors disclaim any warranty that Customer’s use of the Intel 471 Products will be uninterrupted or error free. Customer’s use of the Intel 471 Products is solely at its own risk. 1.2.2 The Parties agree and acknowledge that the following modifications of Customer’s statutory warranty rights shall apply: (a) Intel 471 shall have no liability for initial material defects of the Software (Sachmängel) regardless of whether they have been caused by Intel 471’s fault (verschuldensunabhängig); (b) Customer’s: (i) right of reduction (Minderung), (ii) setoff and
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Limited Subscription Warranty. Wealth$hare warrants that the Subscription will perform in all material respects with the functions described in the then-current Wealth$hare product documentation included in the Subscription for a period of ninety (90) days from the Activation Date. This warranty does not apply if the Subscription is not administered by Customer in accordance with this Agreement and accompanying AUP, or any applicable instructions and training provided by Wealth$hare. If the Subscription fails to operate as warranted in this Section 7.2 and Customer notifies Wealth$hare in writing of the nature of the non- conformance (“Notice”), Wealth$hare will use commercially reasonable efforts to promptly repair or replace the non-conforming Subscription without charge. If, after a reasonable opportunity to cure, Wealth$hare does not remedy the non-conformance, Customer may no later than sixty (60) days after giving the Notice, terminate the Subscription portion of the Order Form and receive a refund of the prepaid Subscription fees for the period following the date of Notice. The foregoing provides Customer’s sole remedy for breach of the exclusive warranty in this Section 7.2.
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Related to Limited Subscription Warranty

  • Subscription for Units I hereby irrevocably subscribe for the amount of Units (and partial Units rounded to four decimal places) of Limited Partnership Interest (“Units”) of Emerging CTA Portfolio L.P. (the “Partnership”) as indicated on page B-8 hereof. I understand that each Unit will be offered at Net Asset Value per Unit on the date of sale. I understand that Citigroup Global Markets Inc., a corporation organized under the laws of the State of New York (“CGM”), and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ LLC, a limited liability company organized under the laws of the State of Delaware (“MSSB”), act as selling agents for the Partnership. I hereby authorize CGM to debit my brokerage account in the amount of my subscription as described in the Private Placement Offering Memorandum dated August 2009, as amended or supplemented from time to time (the “Memorandum”). I understand that all capitalized terms used in this subscription agreement (this “Subscription Agreement”) that are not separately defined herein shall have the respective meanings set forth in the Memorandum. I am aware that this subscription is not binding on the Partnership unless and until it is accepted by Ceres Managed Futures LLC, a limited liability company organized under the laws of the State of Delaware and the Partnership’s general partner (the “General Partner”), which may reject this subscription in whole or in part for any reason whatsoever. I understand that the General Partner will advise me within five business days of receipt of my funds and this Subscription Agreement if my subscription has been rejected. I further understand that if this subscription is not accepted, the full amount of my subscription will be promptly returned to me without deduction.

  • Subscription Price Each Warrant is exercisable at a price per share (the “Exercise Price”) of US$1.00. One (1) Warrant and the Exercise Price are required to subscribe for each share during the term of the Warrants.

  • Subscription Service PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.

  • User Subscriptions Unless otherwise specified in the applicable Order Form, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the subscription term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.