Warranties In A License Agreement

Warranties In A License Agreement

ADInstruments acts on behalf of its suppliers for the purpose of preventing, excluding and/or limiting obligations, warranties and liability under this Agreement, but in no other way or for any other purpose. The foregoing provisions are enforceable to the fullest extent permitted by applicable law. Both parties must be willing to “deselect” problems with third parties caused by that party`s breach of their warranties in the license agreement. This “attribution of the risk of loss” of certain problems is provided for in a compensation clause. Beware of indemnification clauses that do not impose the same burdens on both parties. In the event of a breach of the warranty of the Licensed Products or the services provided, the generally agreed remedy is as follows: 7.1 Limited Warranty of the Software. Check Point warrants to you that the coding of the Software on the media on which the Product is supplied is free from defects in materials and workmanship and that the Product will substantially comply with its User Manual as it exists at the time of delivery for a period of ninety (90) days. Check Point`s entire liability and your exclusive remedy under this warranty are, at Check Point`s option, either: (i) a refund of the price paid to Check Point for the Product, resulting in the termination of this Agreement, or (ii) repair or replacement of the Product or media that does not comply with this Limited Warranty. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7.1, THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHECK POINT DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

CHECK POINT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of an implied warranty, so the above limitations may not apply to you. This warranty gives you certain legal rights. You may have other rights that vary from state to state. 10.1 Miscellaneous. You may not assign your rights or obligations under this Agreement without the prior written consent of Check Point. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision of the Agreement shall be enforced to the fullest extent permitted to affect the intent of the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. The laws of the State of Israel shall govern all matters arising out of or in connection with this Agreement without the conflict of laws rules of this Agreement.

Any dispute arising out of or in connection with this Agreement shall be resolved exclusively in the competent Israeli court in Tel Aviv, Israel. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement sets forth the entire agreement between you and Check Point and may only be amended in writing, which has been signed by both parties. 10.3 Limited Rights of Government. This provision applies to products purchased directly or indirectly by or on behalf of a government. The product is a commercial product licensed on the open market at market prices. Any change in the use, reproduction, disclosure, performance, termination or disclosure of the Product by any government is strictly subject to the terms of this Agreement and is prohibited, unless expressly permitted by the terms of this Agreement and no license is granted for the Product to any government that requires other terms. .

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