Common use of Additional Disclaimer Clause in Contracts

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. CERTAIN SOFTWARE PURCHASED THE WORK ENVIRONMENT WHERE THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE COMPANY PLATFORM ARE PROVIDED IS ENTIRELY THE RESPONSIBILITY OF THE REQUESTER FOR WHOM YOU ULTIMATELY PERFORM SUCH SERVICES. YOU UNDERSTAND, THEREFORE, THAT BY CUSTOMERS USING THE COMPANY PLATFORM, YOU MAY DETECT POTENTIAL RANSOMWARE ATTACKS BE EXPOSED TO WORK ENVIORNMENTS OR CONDITIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND NOTIFY A CUSTOMER THAT YOU USE THE COMPANY PLATFORM, AND ITS DESIGNATED USERS AGREE TO PROVIDE SERVICES TO REQUESTERS AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE EVENT COMPANY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ACTIVITY ANY KIND. SERVICE PROVIDER ACKNOWLEDGES THAT MAY INDICATE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER IS OUTSIDE THE SCOPE OF THE SERVICES TO BE PROVIDED USING THE COMPANY PLATFORM AND AGREES NOT TO PROVIDE OR OFFER TO PROVIDE ANY SUCH ATTACKSSERVICES TO ANY REQUESTER OR OTHER USER OF THE COMPANY PLATFORM. XXXXXXX DOES NOT REPRESENT OR WARRANT BY USING THE COMPANY PLATFORM, YOU AGREE THAT THE SOFTWARE PREVENTSEXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, DISCOVERSYOU MUST NOT USE THE COMPANY PLATFORM. YOU ACCEPT THAT, AS A LIMITED LIABILITY COMPANY, COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST COMPANY’S OFFICERS, DIRECTORS 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, EMPLOYEES IN NO EVENT WILL PANZURA BE LIABLE TO CUSTOMERS OR CONNECTION WITH 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 PROFITSDISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF OR DAMAGE TO DATA, UNAUTHORIZED ACCESS, IMPAIRMENT, DISABLEMENT, OR SOFTWARE RESTORATION) ASSOCIATED WITH THE SOFTWARE AS PROVIDED WARRANTIES AND LIABILITY SET OUT IN THIS SECTION 7.3AGREEMENT WILL PROTECT THE COMPANY’S OFFICERS, WHETHER OR NOT CUSTOMER DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS COMPANY. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS BEEN ADVISED ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE POSSIBILITY OF SUCH COSTS OR DAMAGESBARGAIN BETWEEN THE PARTIES.

Additional Disclaimer. CERTAIN SOFTWARE PURCHASED THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE COMPANY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY CUSTOMERS USING THE COMPANY PLATFORM, YOU MAY DETECT POTENTIAL RANSOMWARE ATTACKS BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND NOTIFY A CUSTOMER THAT YOU USE THE COMPANY PLATFORM, AND ITS DESIGNATED USERS SUCH SERVICE PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE EVENT COMPANY PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ACTIVITY THAT MAY INDICATE SUCH ATTACKSANY KIND. XXXXXXX DOES NOT REPRESENT IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR WARRANT MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER. BY USING THE COMPANY PLATFORM, YOU AGREE THAT THE SOFTWARE PREVENTSEXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, DISCOVERSYOU MUST NOT USE THE COMPANY PLATFORM. YOU ACCEPT THAT, AS A LIMITED LIABILITY COMPANY, COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST COMPANY’S OFFICERS, DIRECTORS 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, EMPLOYEES IN NO EVENT WILL PANZURA BE LIABLE TO CUSTOMERS OR CONNECTION WITH 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 PROFITSDISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF OR DAMAGE TO DATA, UNAUTHORIZED ACCESS, IMPAIRMENT, DISABLEMENT, OR SOFTWARE RESTORATION) ASSOCIATED WITH THE SOFTWARE AS PROVIDED WARRANTIES AND LIABILITY SET OUT IN THIS SECTION 7.3AGREEMENT WILL PROTECT THE COMPANY’S OFFICERS, WHETHER OR NOT CUSTOMER DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS COMPANY. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS BEEN ADVISED ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE POSSIBILITY OF SUCH COSTS OR DAMAGESBARGAIN BETWEEN THE PARTIES.

Additional Disclaimer. CERTAIN SOFTWARE PURCHASED YOU UNDERSTAND, THEREFORE, THAT BY CUSTOMERS USING THE ASLYDOST PLATFORM, YOU MAY DETECT POTENTIAL RANSOMWARE ATTACKS BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND NOTIFY A CUSTOMER THAT YOU USE THE ASLYDOST PLATFORM, AND ITS DESIGNATED USERS SUCH PROFESSIONAL, AT YOUR OWN SOLE RISK AND EXPENSE. NOTHING IN THIS AGREEMENT OR THE EVENT ASLYDOST PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ACTIVITY THAT MAY INDICATE SUCH ATTACKSANY KIND IN ANY MANNER WHATSOEVER. XXXXXXX DOES NOT REPRESENT IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR WARRANT MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL IN RELATION THERETO. BY USING THE ASLYDOST PLATFORM, YOU HEREBY UNCONDITIONALLY AGREE THAT THE SOFTWARE PREVENTSEXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE AND ACCEPTABLE TO YOU. IF YOU DO NOT BELIEVE THEY ARE REASONABLE OR ACCEPTABLE, DISCOVERSYOU MUST NOT USE THE ASLYDOST PLATFORM. YOU ACCEPT THAT, AS A PRIVATE LIMITED COMPANY, ASLYDOST HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST ASLYDOST'S OFFICERS, DIRECTORS OR LOCATES RANSOMWARE ATTACKSEMPLOYEES IN CONNECTION WITH ANY DISPUTE, OTHER MALICIOUS ATTACKS LOSS 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 DAMAGE FOR ANY DIRECTREASON WHATSOEVER. WITHOUT PREJUDICE TO THE FOREGOING, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL COSTS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS, LOST BUSINESS, REVENUES OR PROFITS, LOSS YOU AGREE THAT THE LIMITATIONS OF OR DAMAGE TO DATA, UNAUTHORIZED ACCESS, IMPAIRMENT, DISABLEMENT, OR SOFTWARE RESTORATION) ASSOCIATED WITH THE SOFTWARE AS PROVIDED WARRANTIES AND LIABILITY SET OUT IN THIS SECTION 7.3AGREEMENT WILL PROTECT THE ASLYDOST'S OFFICERS, WHETHER OR NOT CUSTOMER DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS ASLYDOST. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS BEEN ADVISED ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE POSSIBILITY OF SUCH COSTS OR DAMAGESBARGAIN BETWEEN THE PARTIES AND A PRECONDITION TO THIS AGREEMENT.

Additional Disclaimer. CERTAIN SOFTWARE PURCHASED BY CUSTOMERS MAY DETECT POTENTIAL RANSOMWARE ATTACKS AND NOTIFY A CUSTOMER AND ITS DESIGNATED USERS EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT OR IN THE EVENT 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 ACTIVITY THAT MAY INDICATE SUCH ATTACKS. XXXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE PREVENTSANY FILES, DISCOVERSRECORDS, DATA, INFORMATION, OR LOCATES RANSOMWARE ATTACKSMATERIALS (WRITTEN OR ORAL) HERETOFORE OR HEREAFTER FURNISHED TO BUYER IN CONNECTION WITH THE ASSETS, OTHER MALICIOUS ATTACKS OR THREATS AS TO A CUSTOMER’S SYSTEMSTHE 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, INTERNAL NETWORKSRECORDS, CUSTOMER DATA, INFORMATION, AND OTHER MATERIALS FURNISHED BY SELLER, WHETHER MADE AVAILABLE PURSUANT TO THIS ARTICLE 4 OR INFRASTRUCTUREOTHERWISE, OR OTHER DEPLOYMENTS OF MALICIOUS SOFTWARE. ALTHOUGH CERTAIN SOFTWARE IS ARE PROVIDED TO CUSTOMERS TO DETECT BUYER AS A CONVENIENCE AND NOTIFY OF POTENTIAL RANSOMWARE ATTACKSACCOMMODATION, THE SOFTWARE IS NOT VIRUS-SCANNING SOFTWARE AND IS NOT DESIGNED TO SCAN FOR ANY RELIANCE ON 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 USE OF THE POSSIBILITY OF SAME SHALL BE AT BUYER’S SOLE RISK. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SELLER REPRESENTS AND WARRANT’S IT HAS NOT PROVIDED ANY INFORMATION IT KNOWS TO BE FALSE OR INACCURATE PROVIDED, HOWEVER, THAT SUCH COSTS OR DAMAGESREPRESENTATION SHALL NOT APPLY TO FORECASTS ANT) INTERPRETATION DATA PROVIDED TO BUYER BY SELLER.