Disclaimer and Limitation on Liability a. ANY SERVICE PROVIDED FOR HEREIN BY INCOMMON OR ANY OF INCOMMON’S THIRD PARTY SERVICE PROVIDERS IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INCOMMON EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND INTERNET2 AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS AND CONTRACTORS, ANY REPRESENTATION OR WARRANTY THAT ANY SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. NO STATEMENT, ORAL OR WRITTEN, GIVEN BY INCOMMON, ANY OF ITS EMPLOYEES, OR ANY OTHER PERSON WILL CREATE A WARRANTY, NOR MAY ANY PARTICIPANT OR OTHER PERSON RELY ON ANY SUCH STATEMENT FOR ANY PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INCOMMON’S, INTERNET2’S AND EACH OF THEIR RESPECTIVE AFFILIATES’, AGENTS’ AND CONTRACTORS’ TOTAL AND AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, JUDGMENTS, DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES), WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHERWISE, UNDER, ARISING OUT OF, OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEPT FOR DIRECT DAMAGES RESULTING SOLELY FROM INTENTIONAL AND WILLFUL ACTIONS OF INCOMMON, INTERNET2 AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS AND CONTRACTORS, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF THE ANNUAL PARTICIPATION FEE PAID BY THE PARTICIPANT TO INCOMMON UNDER THIS AGREEMENT DURING ANY CONSECUTIVE TWELVE
Disclaimer and Limitation on Liability. To the greatest extent possible, Licensor offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise; including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non infringement, the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
Disclaimer and Limitation on Liability a. AIRE, directly or through its third party services providers, reserves the right to interrupt, suspend or reduce the provision of any XXXXX service to Subscriber, or any other entity, including the Subscriber’s end users, when such action is necessary in AIRE’s sole judgment to protect the XXXXX service. AIRE will endeavor where reasonably possible, but does not promise, to provide advance notice to Subscriber of any such interruption, suspension, or reduction. As soon as possible following the interruption, suspension or reduction AIRE will contact the Subscriber and any Subscribers in an attempt to resolve any problems and restore service.
Disclaimer and Limitation on Liability a. THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS. THE UNIVERSITY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES – WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW – WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE UNIVERSITY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Disclaimer and Limitation on Liability. In addition to what is stated in the Xxxxx.xxx Terms, Cisco assumes no responsibility for any error, omission, interruption, deletion, defect, delay, failure in operation, destruction, alteration, or loss of user submissions, content, communications, or other data or materials. Cisco is not responsible for any problem, failure, or malfunction of any telecommunication network, computer system, server, device, application, software, or service, or for any injury or damage to users or their property, related to or resulting from using DevNet, for any reason and regardless of fault. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CISCO'S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY Changes to This Agreement Cisco may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Cisco will exercise commercially reasonable efforts to provide notice of any material changes to the Agreement, and within three
Disclaimer and Limitation on Liability. Any service provided by InCommon or any of its third party service providers is provided on an as-is basis, without warranties of any kind. InCommon’s and Internet2’s total aggregate liability under this Agreement shall not exceed the annual participation fee. Participants assume responsibility for the use of their content and Participants agree to be bound by the InCommon Steering Committee’s official, approved policies with regard to Federation participation.
Disclaimer and Limitation on Liability. By using the PRISM Sandbox, you understand the network is in development and that use of the PRISM Sandbox is entirely at your own risk. You also acknowledge and agree to have an adequate understanding of the risks associated with use of the PRISM Sandbox and that all information and materials published, distributed or otherwise made available on the Atala website, Discord and Github are provided for non-commercial, personal use, and testing purposes only. This includes test-ada tokens which have no economic or monetary value and are provided only for the purpose of testing on the PRISM Sandbox. The PRISM Sandbox is available on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any representations or warranties of any kind. All implied terms are excluded to the fullest extent permitted by law. No party involved in, or having contributed to the development of the PRISM Sandbox including any of their affiliates, directors, employees, contractors, service providers or agents (the Parties Involved) accepts any responsibility or liability to you or any third parties in relation to any materials or information accessed via the PRISM Sandbox. You acknowledge and agree that the Parties Involved are not responsible for any damage to your computer systems, loss of data, or any other loss or damage resulting (directly or indirectly) from use of the PRISM Sandbox. To the fullest extent permitted by law, in no event shall the Parties Involved have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence or otherwise, arising out of or related to the use of all or part of the PRISM Sandbox for any reason and regardless of fault. Changes to This Agreement
Disclaimer and Limitation on Liability. Each of GHI, RMS and LSTI represents and warrants that it owns the Partnership Interests to be assigned to Acquisition Sub pursuant to this Agreement free and clear of any liens, claims or encumbrances. GHI, RMS AND LSTI MAKE NO FURTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE PARTNERSHIP INTERESTS OR THE ASSETS, LIABILITIES, BUSINESS OR PROSPECTS OF LST HOLDINGS, LIFE SCIENCES TECHNOLOGIES LIMITED, LIFE SCIENCES TECHNOLOGIES OF JAPAN, LIFE SCIENCE TECHNOLOGIES OF CANADA, INC., LST FULFILLMENT LIMITED PARTNERSHIP AND ANY SUCH REPRESENTATIONS OR WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. UNDER NO CIRCUMSTANCES WILL RMS, GHI OR LSTI OR AND OF THEIR RELATED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF AMS OR ACQUISITION SUB ARISING OUT OF A BREACH OF FAILURE OF A WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. AMS and Acquisition Sub represent and acknowledge that they have conducted a due diligence review of the business, operations and financial condition of the LST Entities and have had opportunity to discuss such with the management of the LST Entities to the extent AMS and Acquisition Sub deemed necessary. AMS presently conducts a business similar in nature to that conducted by the LST Entities and is able to evaluate and understand the risks associated with the purchase of the Partnership Interests and is not relying on any representations or warranties by the LST Entities, GHI, RMS or LSTI except as set forth herein.
Disclaimer and Limitation on Liability. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7 HEREIN, THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SET FORTH IN SECTION 7 HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, AND ADDITIONAL LABOR COSTS) OF ANY CHARACTER OR KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER KIND OF CLAIM, REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer and Limitation on Liability a. The GTD is made available to Licensor and therefore is made available by Licensor on an “As Is” basis. Licensor disclaims any and all representations and warranties – whether express or implied, oral or written, in fact or arising by operation of law – with respect to the GTD, including but not limited to; warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of the intellectual property or proprietary rights of any third party. Licensor makes no representation or warranty that the GTD will operate error free or in an uninterrupted fashion.
