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 "SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS IS," “AS AVAILABLE” BASIS”. XXXX DEERESINGLESTORE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, ITS AFFILIATES EXPRESS AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVEIMPLIED, RELEASE AND RENOUNCE ALL WARRANTIES OF XXXX DEERE, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARISING BY LAW OR OTHERWISE WITH RESPECT TO AND INCLUDING, INCLUDING BUT NOT LIMITED TO: ANY TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE; . SINGLESTORE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR OR VIRUS FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT SINGLESTORE HAS NO INDEMNITY, MAINTENANCE OR TECHNICAL SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER. SINGLESTORE SHALL NOT BE LIABLE FOR ANY IMPLIED WARRANTY ARISING FROM COURSE INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, OR DATA USE, OR DAMAGE TO BUSINESS) HOWEVER CAUSED, WHETHER BY BREACH OF PERFORMANCEWARRANTY, COURSE BREACH OF DEALING CONTRACT, IN TORT (INCLUDING NEGLIGENCE) 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 CAUSE OF ACTION EVEN PREVIOUSLY ADVISED OF SUCH DAMAGES IN ADVANCE 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 IF SUCH 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 OTHERWISEWERE FORESEEABLE, 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 WILL SINGLESTORE’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED US$100. 5 CUSTOMER’S INTENDED USE; ARCHIVING. THE CUMULATIVE SOFTWARE IS DESIGNED FOR GENERAL PURPOSE USE, AND IS NOT INTENDED FOR USE IN OR WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, MEDICAL, OR OTHER INHERENTLY DANGEROUS APPLICATIONS AND SINGLESTORE DISCLAIMS LIABILITY FOR ANY DAMAGES CAUSED BY ANY SUCH USE OF XXXX DEERETHE SOFTWARE. IT IS CUSTOMER’S RESPONSIBILITY TO TAKE ALL APPROPRIATE FAIL-SAFE, BACKUP, REDUNDANCY, AND OTHER MEASURES TO ENSURE THE SAFE USE OF 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 lawAPPLICATIONS AND ARCHIVING OF CUSTOMER DATA.

Disclaimer and Limit of Liability. XXXX DEERE MAKES 4.1 No Warranty This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. HEALTH & HELP AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE NETWORK AVAILABLE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "“AS IS," ” AND “AS AVAILABLE” BASIS. XXXX DEERETO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HEALTH & HELP AND ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVEANY IMPLIED OR STATUTORY WARRANTY, 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: INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE. 4.2 Exclusion of Liability These are the limits of legal liability we may have to you. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS HEALTH & HELP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), 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 LAWHEALTH & HELP, 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 NOT BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY DIMINISHED NETWORK COVERAGETHIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE REPUTATION (E.G., OFFENSIVE 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 PROFITSDEFAMATORY STATEMENTS), LOSS OF BUSINESS DATA (E.G., DOWN TIME OR LOSS OF GOODWILLLOSS, LOSS OF USE OF EQUIPMENT OF, OR SERVICES CHANGES TO, YOUR INFORMATION OR DAMAGES TO BUSINESS CONTENT) OR REPUTATION ARISING FROM THE PERFORMANCE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL 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 PUNITIVE 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.