Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY THIRTY (6030) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT EXCEPT FOR THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.2. THE LIMITED EXPRESS WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 THE SERVICE LEVEL AGREEMENT, GREEN CLOUD SERVICES ARE LICENSEEPROVIDED ON AN “AS IS” BASIS, AND USE OF GREEN CLOUD SERVICES IS AT RESELLER’S EXCLUSIVE WARRANTIESAND ITS CUSTOMERS OWN RISK. HCL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREEN CLOUD DOES NOT MAKE, AND GREEN CLOUD DISCLAIMS WITHOUT LIMITATION, ANY AND ALL OTHER WARRANTIES EXPRESS AND/OR CONDITIONS, EXPRESS OR IMPLIEDIMPLIED GUARANTEES AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR CONDITION OF NONINFRINGEMENTTRADE PRACTICE. GREEN CLOUD DOES NOT WARRANT THAT GREEN CLOUD SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM BUGS, COMPLETELY SECURE, MEET RESELLER’S OR ITS CUSTOMERS REQUIREMENTS, OR THAT ALL ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION EXCLUSIONS MAY NOT APPLY TO LICENSEERESELLER OR ITS CUSTOMERS. IN THAT EVENT, SUCH ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 CALENDAR DAYS FROM THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER INITIAL DELIVERY OF THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEEAPPLICABLE GREEN CLOUD SERVICES. 5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

WARRANTIES AND EXCLUSIONS. 5.112.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL GOOD AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.212.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 12.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENTNON- INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.312.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.