Other Disclaimers. Customer will be exclusively responsible as between the parties for, and RIB makes no representation or warranty with respect to, determining whether the Licensed Materials will achieve the results desired by Customer, ensuring the accuracy of any Customer Data, and selecting, procuring, installing, operating, and maintaining the technical infrastructure for Customer’s access to the Licensed Materials (other than with respect to the Hosting Services). RIB shall not be liable for, and will have no obligations with respect to, any aspect of the Licensed Materials that is modified by any person other than RIB or its contractors, access to the Licensed Materials other than in accordance with the most current operating instructions provided by RIB, Malfunctions or other effects of problems, defects, or failures of software or hardware not provided by RIB or of acts or omissions of Customer or any third party. Customer acknowledges that the operation of the Licensed Materials will not be error free in all circumstances and that all defects in the Licensed Materials may not be corrected.
Other Disclaimers. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR END USER'S BREACH OF ANY LICENSE OR USE RESTRICTIONS RELATING TO PRODUCTS, IN NO EVENT SHALL EITHER PARTY (OR THEIR RESPECTIVE THIRD PARTY SUPPLIERS/LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR REVENUE) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. END USER SPECIFICALLY UNDERSTANDS AND AGREES THAT BCT (ON BEHALF OF ITSELF AND ITS THIRD PARTY SUPPLIERS/LICENSORS) DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO LOSS, LOSS OF USE OR CORRUPTION OF ANY END USER DATA (OR OTHER DATA END USER MAY PROVIDE) AND THE COSTS OF PROCUREMENT OF ANY SUBSTITUTE GOODS.
Other Disclaimers a. IBM does not warrant uninterrupted or error-free operation of any Service or that IBM will correct all defects.
Other Disclaimers. Notwithstanding the generality of the foregoing, in connection with the provision of Services under this Agreement, ALI and Client agree that: (a) ALI does not give legal or tax advice or opinions; (b) Services do not provide any assurance or warranty that employees, contractors or other third parties will not make claims against Client for personal or bodily injury or property damage or protect Client from such claims; (c) ALI’s Services do not constitute a complete program of safety compliance, but are intended to assist Client in the establishment and implementation of such a program or programs, for which Client is ultimately responsible. ALI does not warrant that Client’s business operations, products, or services will comply with applicable law; (d) ALI will not be responsible for, and Client is solely responsible for, the imposition on Client of any fines, penalties, fees or other mandatory impositions or damages imposed by governmental authorities; and (e) ALI is not responsible for, and Client is solely responsible for, correcting workplace hazards. ALI does not represent, warranty, or promise that the Services provided by it hereunder will protect Client from all claims or liabilities relating to automotive lift safety matters. This Agreement does not constitute insurance against safety risks. ALI IS NOT A PROVIDER OF LEGAL SERVICES. THE CONTENT OF THE COURSE, OR ANY PART OF IT SHOULD NOT BE CONSTRUED AS PROVIDING LEGAL ADVICE TO ANY PERSON ACCESSING THE COURSE. ALI IS NOT INTENDED TO BE AND THE CLIENT SHOULD NOT ASSUME IT TO BE AN ALL INCLUSIVE MECHANISM FOR LEGAL COMPLIANCE. THE COURSE IS INTENDED TO BE AN AUTOMATED TOOL TO ASSIST LEGAL COMPLIANCE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM COUNSEL.
Other Disclaimers. (a) Buyer is aware that the Assets have been used for exploration, development, production, handling, transporting and/or processing of oil and gas and that there may be petroleum, produced water, wastes, or other materials located on or about the Assets or associated with the premises. Some equipment and sites included in the Assets may contain asbestos, hazardous substances, or naturally occurring radioactive material.
Other Disclaimers. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be construed as:
Other Disclaimers. Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, and except for end user’s breach of any license or use restrictions relating to products, in no event shall either party (or their respective third party suppliers/licensors) be liable for any special, incidental, punitive, indirect, or consequential damages (including lost profits or revenue) whatsoever arising out of or in any way related to this agreement. End user specifically understands and agrees that Seeq (on behalf of itself and its third party suppliers/licensors) disclaims all warranties and liability with respect to loss, loss of use or corruption of any end user data (or other data end user may provide) and the costs of procurement of any substitute goods.
Other Disclaimers. Disclaimer of Changes to Platform: While we continue to put all reasonable efforts within our means to ensure that the functionalities of the platform (excluding the data/content) is not materially altered from what you are using at any time, we do not warrant that all changes to the functionalities and processes related to the platform/services will all be favourable for you. As the platform evolves dynamically, we will continue to make choices for the larger good for all subscribers it may involve trade-offs in some use-case-scenarios and/or for some subscribers/ subscriber preferences. You acknowledge and agree that we hold unconditional discretion in making decisions on the changes to the functionalities/processes/anything related to the platform/services. Suitability: You are solely responsible for the suitability of the service chosen, including the suitability as it relates to your business or data and the security of your integrated systems, as applicable in your context. Data/Content: We make no warranties about [and you assume all responsibility and risk for your use of] the data, content, information or material within/on the services/ platform. Mismatch with Documentation: We do not warrant that the services/ platform will achieve in all material respects the functionalities described in the Documentation. No Statutory Compliance Obligations: HSPL expressly disclaims any representations or warranties that your use of the services/ platform will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations. You assume all responsibility for determining whether the service or the information generated thereby is accurate or sufficient for your purposes. Third-Party Performance: We make no warranty about the performance of any [third-parties goods and services] used in combination with Hotlink Services, including, without limitation, other subscribers, sub-contractors (engaged by or on behalf of us or by you or by other subscribers or otherwise), service providers who bundle and offer a comprehensive suite of solutions, integrated/ complementing/ aligned non-HSPL-applications or other third party products or services, other deployment or implementation tools or any other third-party vendors. Further in this regard, you acknowledge that HSPL does not own and operate its own technology infrastructure and resources; and engages or integrates third party services,...
Other Disclaimers. (i) IBM warrants that services shall materially confirm to the SLA’s as agreed in the SOW. EXCEPT AS PROVIDED IN THIS SECTION 16, THERE ARE NO EXPRESS WARRANTIES, REPRESENTATIONS, UNDERTAKINGS, OR CONDITIONS (STATUTORY OR OTHERWISE) BY IBM, AND THERE ARE NO IMPLIED WARRANTIES, REPRESENTATIONS, UNDERTAKINGS, OR CONDITIONS (STATUTORY OR OTHERWISE) BY IBM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN THIS AGREEMENT.
Other Disclaimers. State will be exclusively responsible as between the parties for, and Contractor makes no representation or warranty with respect to, determining whether the Licensed Materials will achieve the results desired by State, ensuring the accuracy of any State Data entered by State, or selecting, procuring, installing, operating, and maintaining State’s internal technical infrastructure for State’s access to and use of the Licensed Materials. Contractor shall not be liable for, and shall have no obligations with respect to, (i) any aspect of the Licensed Materials that is modified by any person other than Contractor or its contractors, (ii) use of the Licensed Materials other than in accordance with the most current operating instructions provided by Contractor, (iii) malfunctions or failures caused by defects, problems, or failures of software or hardware not provided by Contractor, or (iv) malfunctions or failures caused by acts or omissions of State or any third party not affiliated with Contractor. State acknowledges that the operation of the Licensed Materials will not be error free in all circumstances, that not all immaterial defects in the Licensed Materials may be corrected, and that the operation of the Licensed Materials may be interrupted by reason of defect therein or by reason of fault on the part of Contractor; provided, however, that such interruptions may be subject to the Hosting SLA’s.
