DISCLAIMED WARRANTIES. 6.1. In the case of Third Party Services, the third party will be responsible for providing the Third Party Services to Customer, and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Third Party Services shall be provided under the third party terms and conditions. Customer agrees to be bound by the third party terms and conditions. With respect to Third Party Services, Seller acts solely as an independent sales agent when collecting any due amounts, including, but not limited to, Taxes.
6.2. EXCEPT AS SET FORTH HEREIN, AND SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS AND COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, ACCURACY OR NON- INFRINGEMENT) ARISING OUT OF, OR RELATED TO, THE PURCHASED ITEMS OR THEIR PERFORMANCE OR NON-PERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES.
6.3. Customer further acknowledges and agrees that Seller makes no representations, warranties or assurances that the Products are designed for or suitable for use in any high risk environment, including but not limited to aircraft or automobile safety devices or navigation, life support systems or medical devices, nuclear facilities, or weapon systems, and Customer shall indemnify, defend and hold Seller, its Affiliates, and its and their directors, officers, employees and agents harmless from any loss (of any kind), cost, damage or expense (including, but not limited to, attorneys’ fees and expenses) arising from any such use of the Products. Customer further agrees to review and comply with the manufacture’s disclaimers and restrictions regarding the use of the Products in high risk environments.
6.4. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY THAT IS NOT IN THIS AGREEMENT.
6.5. Seller makes no warranties to Customer and Customer hereby acknowledges that Seller makes no warranties in regard to the applicability of all Laws affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within Customer’s territory or any part of it (Local Regulations). Customer must sati...
DISCLAIMED WARRANTIES. 6.1. In the case of Third Party Services, the third party will be responsible for providing the Third Party Services to Customer, and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. With respect to Third Party Services, Seller acts solely as an independent sales agent when collecting any due amounts, including, but not limited to, Taxes.
6.2. EXCEPT AS SET FORTH HEREIN, AND SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS AND COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, ACCURACY OR NON- INFRINGEMENT) ARISING OUT OF, OR RELATED TO, THE PURCHASED ITEMS OR THEIR PERFORMANCE OR NON-PERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY 6.3. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY THAT IS NOT IN THIS AGREEMENT.
DISCLAIMED WARRANTIES. The City of Burbank exercises no control over, and accepts no responsibility for, the content of the information passing through the City of Burbank host computers, servers, network hubs and points of presence, or the Internet. As a convenience for The City of Calabasas, the City of Burbank shall perform regular daily backup of all City of Calabasas Data. The City of Burbank shall use its best efforts to recover any lost or corrupted data resulting from the City of Burbank’s gross negligence. Should the City of Burbank be unable to recover such lost or corrupted data, the City of Burbank’s responsibility and liability for the loss of the City of Calabasas Data shall be limited to restoring the data to the last required daily back up. At times, there are situations in which the City of Burbank and the City of Calabasas’s connections to telecommunication networks (or portions thereof) may be impaired or disrupted due to no fault of their own, and the City of Burbank cannot guarantee that such disruption will not occur. Therefore, the City of Burbank and its suppliers shall not be liable for any temporary delay, outages or interruptions of the Services. Prolonged impairment or disruption of internet connectivity shall be treated as a Force Majeure event as set forth in Section 12.3 below.
DISCLAIMED WARRANTIES. You acknowledge and agree that Xxxxxxx Technology Services exercises no control over, and accepts no responsibility for, the content of the information passing through Xxxxxxx Technology Services’ host computers, network hubs and points of presence, or the Internet. All services performed hereunder are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in this contract, Xxxxxxx Technology Services does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade.
DISCLAIMED WARRANTIES. Oracast exercises no control over, and accepts no responsibility for, the content of the information passing through Oracast’s host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH Oracast DISCLAIMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Oracast DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. Oracast IS NOT LIABLE FOR: ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF Oracast HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. ORACAST’S LIABILITY WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO Oracast DURING THE 3-MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS Oracast WOULD NOT ENTER INTO THIS AGREEMENT.
DISCLAIMED WARRANTIES. THE WARRANTIES PROVIDED IN THIS SECTION 8 ARE IN LIEU OF, AND THE SUPPLIER EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. HOWEVER THE FOREGOING SHALL UNDER NO CIRCUMSTANCES LIMIT GLOBALFOUNDRIES’ RIGHTS REGARDING INTELLECTUAL PROPERTY INDEMNITY RIGHTS AS SET FORTH IN SECTION 12(c) OF THIS AGREEMENT.
DISCLAIMED WARRANTIES. Nurved exercises no control over, and accepts no responsibility for, the content of the information passing through Nurved host computers, network switches and points of presence, or the Internet. Use of the Services or any information that may be obtained from the services is at your own risk. All Services performed under this agreement are performed "as is" and without warranty against failure of performance including, any failure because of computer hardware or communication systems. Nurved does not make and disclaims, and you waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the Services, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade. Nurved does not warrant that the Services will be uninterrupted, error-free, or completely secure.
DISCLAIMED WARRANTIES. You acknowledge and agree that ASC exercises no control over, and accepts no responsibility for, the content of the information passing through ASC’s host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ASC DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
DISCLAIMED WARRANTIES. 6.1. IN THE CASE OF THIRD PARTY SERVICES, THE THIRD PARTY WILL BE RESPONSIBLE FOR PROVIDING THE THIRD PARTY SERVICES TO CUSTOMER, AND CUSTOMER WILL LOOK SOLELY TO THE THIRD PARTY FOR ANY LOSS, CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE PROVISION OF SUCH THIRD PARTY SERVICES. WITH RESPECT TO THIRD PARTY SERVICES, SELLER ACTS SOLELY AS AN INDEPENDENT SALES AGENT WHEN COLLECTING ANY DUE AMOUNTS, INCLUDING, BUT NOT LIMITED TO, TAXES.
DISCLAIMED WARRANTIES. (a) Content: Licensor does not warrant that the content is always current and accurate because the enactment of new statutes or court rulings may materially affect the content AFTER Licensee’s purchase and before Licensor can change the content. As such, errors and omissions may occur. Therefore, Licensor provides the content "AS IS" and except for the warranties in this License, disclaims warranties of any kind, express or implied, related to the content, including (without limit) warranties of reliability, accuracy, completeness, adequacy, currentness, merchantability, or fitness for a particular purpose.
(b) Delivery: Licensor does not warrant that Licensee’s access to Training will be uninterrupted or error free because there may be causes such as natural disasters, war, sabotage, power outages, service interruptions to Internet connectivity or any other cause beyond the reasonable control of Licensor.
