Common use of Disclaimer and Limit of Liability Clause in Contracts

Disclaimer and Limit of Liability. XXXX DEERE MAKES THE NETWORK AVAILABLE ON AN "AS IS," “AS AVAILABLE” BASIS. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES OF XXXX DEERE, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARISING BY LAW OR OTHERWISE WITH RESPECT TO AND INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY WARRANTY AS TO ACCURACY OR AVAILABILITY OF THE NETWORK; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. XXXX DEERE, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS ALSO EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR INTEGRETY OF THE DATA CREATED BY OR PASSING THROUGH THE NETWORK. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY BY XXXX DEERE OR ANY OF ITS AFFILIATES OR THIRD PARTY SUPPLIERS. YOU ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE, ITS AFFILIATES, OR ITS THIRD PARTY SUPPLIERS (INCLUDING ANY UNDERLYING WIRELESS PROVIDERS) WILL BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. UNDER NO CIRCUMSTANCES SHALL XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR CROP LOSS, DAMAGE TO LAND, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, AND WHETHER OR NOT XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF XXXX DEERE, ITS AFFILIATES AND/OR ITS THIRD PARTY SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO XXXX DEERE UNDER THIS AGREEMENT. The limitation of liability set forth above will not apply to death or personal injury resulting from Xxxx Deere's negligence to the extent such limitation of liability is prohibited under applicable law.

Disclaimer and Limit of Liability. XXXX DEERE MAKES THE NETWORK AVAILABLE ON AN "AS IS," “AS AVAILABLE” BASIS. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES OF XXXX DEERE, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARISING BY LAW OR OTHERWISE WITH RESPECT TO AND INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY WARRANTY AS TO ACCURACY OR AVAILABILITY OF THE NETWORK; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. XXXX DEERE, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS ALSO EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR INTEGRETY OF THE DATA CREATED BY OR PASSING THROUGH THE NETWORK. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY BY XXXX JOHN DEERE OR ANY OF ITS AFFILIATES OR THIRD PARTY SUPPLIERS. YOU ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX JOHN DEERE, ITS AFFILIATES, OR ITS THIRD PARTY SUPPLIERS (INCLUDING ANY UNDERLYING WIRELESS PROVIDERS) WILL BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. UNDER NO CIRCUMSTANCES SHALL XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR CROP LOSS, DAMAGE TO LAND, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, AND WHETHER OR NOT XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF XXXX JOHN DEERE, ITS AFFILIATES AND/OR ITS THIRD PARTY SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO XXXX JOHN DEERE UNDER THIS AGREEMENT. The limitation of liability set forth above will not apply to death or personal injury resulting from Xxxx John Deere's negligence to the extent such limitation of liability is prohibited under applicable law.