Ti	=	Manufacturer Warranties
1.0.sec	=	The {_Manufacturer} represents, warrants and undertakes for the {_Customer} that:
1.1.sec	=	for a period of ninety (90) days from the date of delivery of Support Services and {_Related_Services} obligations under this {_Agreement}, such services shall be provided promptly and diligently, with all due care and skill, by suitably qualified and trained personnel and in accordance with generally accepted industry practices for similar services. {_Manufacturer}’s entire liability and the {_Customer}’s sole and exclusive remedy for any breach of the preceding warranty will be for {_Manufacturer} to re-perform the nonconforming services, provided that {_Manufacturer} must have received written notice of the non-conformity from the {_Customer} no later than ninety (90) days after the original delivery of the services by {_Manufacturer};
1.2.sec	=	the {_Manufacturer} is in compliance with all {_Applicable_Law} that is directly applicable to {_Manufacturer} and its products and Services for the time being in force (including any mandatory codes of practice issued by any applicable governmental, regulatory or other authority);
1.3.sec	=	The {_Software} shall be, for a period of ninety (90) calendar days from the date of initial delivery of the {_Software} by {_Manufacturer} warranted as follows: (i) the media on which the {_Software} is provided (if any) will be free of defects in materials and workmanship under normal use and (ii) the {_Software} substantially conforms to the {_Specifications}. {_Customer}’s sole and exclusive remedy and the entire liability of {_Manufacturer} and its licensors under this limited warranty in {ManufacturerWarranty.Xref).1(e)(i) is strictly limited to the provision, free of charge, of new media. {_Customer}’s sole and exclusive remedy and the entire liability of {_Manufacturer} and its licensors under this limited warranty in {ManufacturerWarranty.Xref).1(e)(ii) will be, at {_Manufacturer}’s option, repair or replacement of such {_Software}, or if repair or replacement is not possible, to refund the license and any associated support and maintenance fees paid for such non-conforming {_Software} upon the return and removal of all such {_Software} from servers and devices. For software supplied under license from third parties, the warranty terms, if any, are those which the {_Manufacturer} is authorized to provide to its clients.
1.4.sec	=	it has and shall continue to hold all directly applicable governmental permits, licenses and approvals, necessary to perform its obligations under this {_Agreement}; and
1.5.sec	=	it has obtained all directly applicable governmental permissions and consents required by it to enter into this {_Agreement} and to provide the {_Products} and Services to the {_Authorized_Resellers}, including (without limitation) any directly applicable governmental permissions, licenses, consents or other authorizations of a Regulator pursuant to {_Applicable_Law};
1.6.sec	=	it shall, during the term of this {_Agreement}, have in place processes which enable the {_Manufacturer} to comply with {_Applicable_Law} and the directly applicable requirements of any regulator (under {_Applicable_Law}) that apply to it in performing its obligations under this {_Agreement}.
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2.Ti	=	Warranty limitations
2.1.0.sec	=	The warranties set out in this {ManufacturerWarranty.Xref} as regards the {_Products} excludes defects arising out of:
2.1.1.sec	=	normal wear and tear
2.1.2.sec	=	abnormal physical or electrical stress;
2.1.3.sec	=	the consequences of accident, improper or negligent use, storage or handling by any party other than {_Manufacturer} or {_Authorized_Reseller}, as long as the proper use storage and handling is clearly communicated to the {_Customer};
2.1.4.sec	=	use or installation in connection with other products which do not fit the Specification of the {_Product} or have not been approved by the {_Manufacturer};
2.1.5.sec	=	use, operation, repair or installation by the {_Customer} in a manner which does not comply with the Specification, {_Agreement} and/or {_Documentation};
2.1.6.sec	=	repair or modification by the {_Customer}, or a third party without prior written authorization from the {_Manufacturer}; and
2.1.7.sec	=	beta, evaluation, or other testing versions of the {_Products}.
2.1.00.sec	=	The warranties set out in this {ManufacturerWarranty.Xref} shall constitute the sole warranty and sole remedy for the {_Customer} and the sole liability of the {_Manufacturer} with respect thereto. The warranties in this clause are in lieu of all other warranties, express or implied. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to {_Manufacturer} within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by {_Manufacturer}.
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2.2.sec	=	Except for the warranties expressly set forth in this {ManufacturerWarranty.Xref} and in Appendix 4, the software, equipment, and/or all services are provided “as is”, and {_Manufacturer} and its suppliers provide no other warranties of any kind, express or implied with regard to the same. Except as expressly specified in this {ManufacturerWarranty.Xref} and in Appendix 4, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by {_Manufacturer} and its suppliers. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. Because some states or jurisdictions do not allow limitations on how long an implied warranty lasts, the above limitation may not apply. Further, {_Manufacturer} and its suppliers do not warrant the results of use of the {_Software} or that the {_Software} is bug/error free or that its use will be uninterrupted. This disclaimer of warranty constitutes an essential part of this {_Agreement}. In addition, due to continual development of new techniques for intruding upon/attacking mobile devices and software, {_Manufacturer} does not warrant that the {_Software} or any equipment, system, or network on which the {_Software} is used will be free of vulnerability to intrusion or attack. {_Manufacturer} does not warrant that any services connecting to the {_Software} provided by third parties or any data provided by such third parties will be free from errors or interruptions of service. This warranty gives {_Customer} specific legal rights, and {_Customer} may also have other rights which vary from jurisdiction to jurisdiction.
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