Additional Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT OR IN THE CONVEYANCES, SELLER HEREBY EXPRESSLY NEGATES AND DISCLAIMS, AND BUYER HEREBY WAIVES AND ACKNOWLEDGES THAT SELLER HAS NOT MADE, ANY WARRANTY, REPRESENTATION OR COVENANT, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OR MATERIALITY OF ANY FILES, RECORDS, DATA, INFORMATION, OR MATERIALS (WRITTEN OR ORAL) HERETOFORE OR HEREAFTER FURNISHED TO BUYER IN CONNECTION WITH THE ASSETS, OR AS TO THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE ASSETS OR THE ABILITY OF THE ASSETS TO PRODUCE HYDROCARBONS. ANY AND ALL SUCH FILES, RECORDS, DATA, INFORMATION, AND OTHER MATERIALS FURNISHED BY SELLER, WHETHER MADE AVAILABLE PURSUANT TO THIS ARTICLE 4 OR OTHERWISE, ARE PROVIDED TO BUYER AS A CONVENIENCE AND ACCOMMODATION, AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER’S SOLE RISK.
Additional Disclaimer. USE OF THE WEB SCRAPING TRACKER IS AT CUSTOMER’S DISCRETION AND RISK AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DOMAIN CAUSED BY THE WEB SCRAPING TRACKER.
Additional Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE. END USER FURTHER ACKNOWLEDGES THAT IN ENTERING THIS XXXX IT HAS NOT RELIED ON ANY PROMISE, WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.
Additional Disclaimer. IN ADDITION TO THE OTHER TERMS AND CONDITIONS HEREIN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DATA MAY NOT BE AVAILABLE OR RESTORABLE IF (1) YOU UTILIZE THE SERVICES IN EXCESS OF THE AMOUNT YOU ORDERED; (2) COPIES OF YOUR DATA WERE NOT COMPLETED FOR ANY REASON; (3) YOU ATTEMPT TO BACK UP DEVICES, FILES, FOLDERS, OR DRIVES NOT SUPPORTED BY THE SERVICES AS SET FORTH IN THE DOCUMENTATION;
Additional Disclaimer. CERTAIN SOFTWARE PURCHASED BY CUSTOMERS MAY DETECT POTENTIAL RANSOMWARE ATTACKS AND NOTIFY A CUSTOMER AND ITS DESIGNATED USERS IN THE EVENT OF ACTIVITY THAT MAY INDICATE SUCH ATTACKS. XXXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE PREVENTS, DISCOVERS, OR LOCATES RANSOMWARE ATTACKS, OTHER MALICIOUS ATTACKS OR THREATS TO A CUSTOMER’S SYSTEMS, INTERNAL NETWORKS, CUSTOMER DATA, OR INFRASTRUCTURE, OR OTHER DEPLOYMENTS OF MALICIOUS SOFTWARE. ALTHOUGH CERTAIN SOFTWARE IS PROVIDED TO CUSTOMERS TO DETECT AND NOTIFY OF POTENTIAL RANSOMWARE ATTACKS, THE SOFTWARE IS NOT VIRUS-SCANNING SOFTWARE AND IS NOT DESIGNED TO SCAN FOR OR IDENTIFY VIRUSES OR OTHER SIMILAR MALWARE. EXCEPT FOR PANZURA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL PANZURA BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL COSTS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS, LOST BUSINESS, REVENUES OR PROFITS, LOSS OF OR DAMAGE TO DATA, UNAUTHORIZED ACCESS, IMPAIRMENT, DISABLEMENT, OR SOFTWARE RESTORATION) ASSOCIATED WITH THE SOFTWARE AS PROVIDED IN THIS SECTION 7.3, WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
Additional Disclaimer. The success of the business venture contemplated to be undertaken by ABT/UK by virtue of this Agreement is speculative and depends, to a large extent, upon the ability of ABT/UK as an independent business operator and the active participation of ABT/UK in the daily affairs of the Local Business, as well as other factors. ABT does not make any representation or warranty, express, or implied, as to the potential success of the business venture contemplated by this Agreement.
Additional Disclaimer. SUPPLIER PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR HARDWARE, EXCEPT AS SET FORTH IN THIS AGREEMENT, SUPPLIER WILL NOT BE RESPONSIBLE FOR ANY THIRD- PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE.
Additional Disclaimer. BSA PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR HARDWARE, EXCEPT AS SET FORTH IN THIS AGREEMENT, BSA WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE.
Additional Disclaimer this is to acknowledge that the CLIENT, shall fully agree and abide by the conditions set forth and communicated properly by advertiser .To be specific, all direct and/or exclusive campaigns from Art of Click shall be assumed by Art of Click to be promoted correctly and shall abide with the requirements set forth by Art of Click, with regards to placements, KPIs and any other binding rules from Art of Click's advertiser(s). The Media Company shall agree to monitor closely the manner in which such campaigns have been promoted and shall be responsible for all the risks associated with such activity. If in any case whatsoever, that failure by the Media Company to abide with the agreed promotion of such campaigns shall merit a penalty to be disclosed by Art of Click to Client. The nature of penalty shall depend on the weighted risk that Art of Click shall bear to its respective advertiser(s).
Additional Disclaimer. MX, ON BEHALF OF ITSELF AND ALL THIRD PARTY DATA PROVIDERS, EXPRESSLY DISCLAIMS ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR USER DATA OR THAT ACCESS TO THE SERVICE OR USER DATA WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL USER DATA.