AND FITNESS FOR A PARTICULAR PURPOSE. University innovation has been developed as part of research conducted at University. University innovation is experimental in nature and is made “AS IS”, without obligation by University to provide accompanying services or support except as specified in this Agreement. The entire risk as to the quality and performance of University innovation is with Company.”
AND FITNESS FOR A PARTICULAR PURPOSE. University shall not be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless of whether or not University knows or should know of the possibility of such loss or damages). The liability of either party under this Agreement shall not exceed the amount paid or payable to the University under this Agreement.
AND FITNESS FOR A PARTICULAR PURPOSE. University does not perform any services under this agreement that may be subject to FDA Regulations, e.g. GMP, cGMP, GLP, GCP work/services. University shall not be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless of whether or not University knows or should know of the possibility of such loss or damages). The liability of either party under this Agreement shall not exceed the amount paid or payable to the University under this Agreement.
AND FITNESS FOR A PARTICULAR PURPOSE. Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein. If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after XXXXX’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.
AND FITNESS FOR A PARTICULAR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized modification or alteration, use beyond rate capacity, or improper installation, maintenance or application, or due to following improper guidance or procedures provided by the Customer. To the extent that Customer or its agents have supplied specifications, information, representation of operating conditions, guidance, instructions or other data to Supplier in the selection, design, or implementation of the goods and services provided in connection with the preparation of Supplier’s quotation, and in the event that they differ from those later desired by Customer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. Subject to this Section 4 and Section 5, if within ten (10) days after Customer’s discovery of any warranty defects within the warranty period, Customer notifies Supplier thereof in writing, Supplier shall, at its option, repair, correct or refund the purchase price for, that portion of the services or goods provided in connection with such services found by Supplier to be defective. Failure by Customer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Customer’s claim for such defects, and remediation shall be at the sole discretion of Supplier while acting in good faith. This limited warranty is the only warranty made by Supplier and can be amended only in a writing signed by an authorized representative of Supplier.
AND FITNESS FOR A PARTICULAR PURPOSE. H. Licensee acknowledges that software support is not provided for in this Agreement, but is available from Licensor upon payment of the applicable fees, and upon execution of a separate Total Access Banking Additional Services Addendum.
AND FITNESS FOR A PARTICULAR PURPOSE. With respect to each Batch of the Products manufactured hereunder, this Section 3.2 shall remain effective until the expiration date noted on such Products.
AND FITNESS FOR A PARTICULAR PURPOSE. The Software is warranted only to Licensee, and Licensee shall not extend any warranties for or on behalf of Verity or Verity Licensors to End Users, Resellers, or any other third parties.
AND FITNESS FOR A PARTICULAR PURPOSE. Our liability to You for any cause whatsoever shall be limited to amounts paid by You to Us under this Agreement. This limitation shall apply regardless of the form of action, whether contract or tort, including without limitation negligence actions, provided, however, that this limitation shall not apply to damages resulting from personal injury caused by Our negligence. In no event shall We be liable to You for any special, indirect, incidental, consequential, exemplary or punitive damages in any way arising out of or relating to this Agreement.
AND FITNESS FOR A PARTICULAR PURPOSE. The express warranties and remedies provided in a Commercial License which may be purchased from OCS are in lieu of all other liabilities or obligations of OCS and/or any said third parties (whether such liabilities or obligations would arise under this Agreement or otherwise by operation of law) for damages arising out of or in connection with the delivery, use or performance of the Product in the form delivered.
