The software Products, when used within the scope of the applicable software license , will substantially conform to their Product Specifications or, in the case of customized software Products, to specifications mutually agreed to in writing by both parties.
At no charge to Customer , Xyvision shall use reasonable efforts to provide corrections to remedy any failure to so conform which are reported by Customer during the Warranty Period. In addition , warranty service also includes free software Products updates and revisions during the Warranty Period which XyEnterprise provides generally to its customers covered under software Product maintenance. Xyvision does warrant that the software Products, when used within the scope of the licensing agreement , will conform in all material ways to their Product Specifications including specifications defined in a mutually developed Statement of Work.
If Xyvision receives detailed written notification from the Customer that the Products or a component of the Products fails to perform in accordance with the Product Specification in a reproducible and material way " Defective Item " , and after Xyvision's repeated failures to bring the Defective Item to its proper performance level , the Customer shall have the right to return the Defective Item for a full refund unless Xyvision can substitute mutually agreeable equivalent product s that will meet the required performance level.
The above shall not apply to failure caused by the Customer or any third party products or services not supplied by Xyvision. Xyvision does not warrant that the functions contained in the Software Products will operate in the specific combinations which may be selected for use by Customer , or that the operation of the Software Products will be uninterrupted or error free.
NETGEAR warrants to the end -user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then- current user documentation during its respective warranty period.
For more information, see aka. To start an arbitration, submit the form available at aka. Any in-person hearing will take place in your county of residence or, if a business, your principal place of business or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
Under AAA rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. Arbitration fees and payments. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute except intellectual property disputes — see Section If any part of Section 11 Binding Arbitration and Class Action Waiver is found to be illegal or unenforceable, the remainder will remain in effect with an arbitration award issued before any court proceeding begins , except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, Section 11 will be unenforceable in its entirety.
Conflict with AAA rules. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the device manufacturer or installer to resolve disputes through informal negotiation and arbitration.
Governing Law. The laws of the state or country where you live or, if a business, where your principal place of business is located govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles.
Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software.
This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:.
This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies under the Australian Consumer Law consumer guarantees. Nothing in this agreement limits or changes those rights and remedies.
In particular:. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To learn more about your rights under the Australian Consumer Law, please review the information at aka.
You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates. European Union.
The academic use restriction in Section Germany and Austria. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the device manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the device manufacturer or installer, or Microsoft is liable according to the statutory law.
Subject to the preceding sentence, the device manufacturer or installer, or Microsoft will only be liable for slight negligence if the device manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in so-called "cardinal obligations".
In other cases of slight negligence, the device manufacturer or installer or Microsoft will not be liable for slight negligence. Other regions. See aka. Additional Notices. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet.
Your access and usage including charges may be subject to the terms of your cellular or internet provider agreement. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so. The software may include H. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired.
To do so, other antimalware software will be disabled or may have to be removed. Limited rights versions. If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities. For academic use, you must be a student, faculty or staff of an educational institution at the time of purchase.
For evaluation or test or demonstration use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Previews are experimental and may be substantially different from the commercially released version. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from your device manufacturer or network operator, if applicable. Microsoft is not responsible for any damage thereby caused to you.
Microsoft may not provide support services for previews. Entire Agreement. This agreement together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the device manufacturer or installer, or Microsoft, and that you use , and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services unless the device manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services.
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