2. Warranties
Customer understands that ZI-ARGUS is not the manufacturer of the Products purchased
by Customer hereunder. And the only warranties offered are those of, the manufacturer not
of ZI-ARGUS or its affiliates. In purchasing, the Products. Customer is relying on the
manufacturer 's specifications only and is not relying on any,, statements specifications
.Photographs or other illustrations representing the Products that may be provided by ZIARGUS
or its affiliates. ZI-ARGUS. And its affiliates hereby expressly disclaim all warranties
either express, or implied related to Products including but,,, Not limited to any warranty, of
Title Accuracy, merchantability or, fitness for a particular purpose warranty, of, NONINFRINGEMENT
.Or any warranty relating to third party services. The disclaimer contained in
this paragraph does not affect the terms. Of any manufacturer 's warranty. Customer
expressly waives any claim that it may have against ZI-ARGUS or its affiliates. Based on
any product liability or infringement or alleged infringement of any,, patent copyright trade
.Secret or other intellectual property rights (each a Claim) with respect to any Product and
also waives any right to indemnification. From ZI-ARGUS or its affiliates against any such
Claim made against Customer by a third party. Customer acknowledges that. No employee
of ZI-ARGUS or its affiliates is authorized to make any representation or warranty on behalf
.Of ZI-ARGUS or any of its affiliates that is not in this Agreement.
ZI-ARGUS warrant that the Services will be performed. In a good and workmanlike manner.
Customer 's sole and exclusive remedy and ZI-ARGUS' entire liability with respect to this
warranty. Will be at the, sole option, of ZI-ARGUS to either
(a) use its reasonable commercial efforts to reperform or cause to be. Reperformed
.Any Services not in substantial compliance with this warranty or
(b) refund amounts paid by Customer related to the portion. Of the services not in
, substantial compliance; provided in, each case Customer notifies ZI-ARGUS in writing within five. (5) business
days after performance of the applicable Service.
Except as set forth herein or in any Statement of Work that. Expressly amends ZI-ARGUS'
.Warranty and subject, to, applicable law ZI-ARGUS makes no other and, expressly
disclaims all other representations warranties,,, Or conditions, or covenants either express
or implied (including, without limitation any express or implied warranties or. Conditions of
fitness for a particular purpose merchantability durability,,,, title accuracy or NONINFRINGEMENT)
.Arising out of or related to the performance or non-performance of the
Service including but, not limited to any warranty. Relating to third, party services any
warranty with respect to the performance of any hardware or software used in performing
services. And any warranty concerning the results to be obtained from the Services. This
.Disclaimer and exclusion shall apply even if the express warranty and limited remedy set
forth herein fails of its essential. Purpose.
Customer acknowledges that no representative of ZI-ARGUS or of its affiliates is authorized
to make any representation. Or warranty on behalf of ZI-ARGUS or any of its affiliates that is
.Not in this Agreement or in a Statement of Work expressly amending ZI-ARGUS' warranty.
.
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