Common use of Disclaimer and Limitations Clause in Contracts

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, EACH OF WU’S AND COMPANY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO Solutions make every attempt to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. Solutions does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, So- lutions may make changes and improvements to the information provided herein at any time. THE CONTRARYWEBSITES AND THE INFORMATION, EVERYTHING SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED BY WU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE“AS IS.” LS365-LIFESTYLE SOLUTIONS, MAY HAVE HAZARDOUS PROPERTIESITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND IS PROVIDED WITHOUT OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT’S USE OF LS365-LIFESTYLE SOLUTIONS SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT’S USE OF ALL SOLUTIONS INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR NONSERVICES PROVIDED IN, BY OR THROUGH LS365-INFRINGEMENT OF ANY THIRDLIFESTYLE SOLUTIONS AND/OR ITS WEBSITES IS AT THE CLIENT’S OWN RISK. LS365-PARTY PATENTLIFESTYLE SOLUTIONS AND/OR ITS SUPPLIERS AND PROVIDERS, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU OR COMPANY BE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL PUNITIVE, INCIDENTAL, SPE- CIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY INCLUDING DEATH ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENTTHE USE OF LS365-LIFESTYLE SOLUTIOINS’S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORT TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RE- GARDLESS OF WHETHER OR NOT THE PARTY IS CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBLITY POSSIBILITY OF ANY SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOWSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, EACH OF WU’S AND COMPANY’S AGGREGATE LIABILITY SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED CLIENT, IF THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELYCLIENT RESIDES IN SUCH A JURISDICTION.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU XX UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU XX MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY WU XX UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED BY THE OTHER PARTY TO THIS AGREEMENT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBLITY POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOWTHEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND COMPANY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO RIVERBED PROVIDES THE CONTRARY, EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED PRODUCT WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, OR PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NON-INFRINGEMENT INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE PRODUCT IS NOT DESIGNED FOR USE IN ANY THIRDDEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-PARTY PATENTSUPPORT SYSTEMS, TRADEMARKAIRCRAFT NAVIGATION OR EMERGENCY COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, COPYRIGHT INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL RIVERBED OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE PERSON FOR ANY INDIRECT, SPECIAL SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF THE PRODUCT. RIVERBED'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR THIS AGREEMENT SHALL BE LIMITED TO THE FEES RECEIVED BY RIVERBED FOR THE PRODUCT IN ANY WAY CONNECTED CONNECTION WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, . THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE PARTY IS ADVISED RIVERBED SHALL HAVE BEEN INFORMED OF THE POSSIBLITY POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOWSOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EACH OF WU’S SO THE ABOVE LIMITATION AND COMPANY’S AGGREGATE LIABILITY EXCLUSION MAY NOT APPLY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELYLICENSEE.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED PAST OR IMPLIEDPRESENT, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SECURITY. NOTWITHSTANDING THE FOREGOING, FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF CUSTOMER RECEIPT, AKAMAI WARRANTS THAT IT WILL REPAIR OR REPLACE ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PRODUCT PROVIDED BY WU UNDER THIS AGREEMENT. HEREUNDER THAT DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE EXCEPTION OF COMPANYWRITTEN MATERIALS ACCOMPANYING IT. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENTITS INDEMNIFICATION, PAYMENT AND CONFIDENTIALITY OBLIGATIONS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER TO AKAMAI UNDER THE APPLICABLE TRANSACTION DOCUMENT DURING THE SIX MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY IS ADVISED BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICES OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE POSSIBLITY THEORY OF SUCH DAMAGESLIABILITY. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, EACH OF WU’S AND COMPANY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED IMPAIR THE PAYMENTS MADE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR PAYMENTS DUE CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. §§ 3729-3733. FURTHERMORE, THIS AGREEMENTCLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., RESPECTIVELYCLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UMSL UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU UMSL MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY WU UMSL UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, IN NO EVENT SHALL WU UMSL OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS BELOW, EACH OF WUUMSL’S AND COMPANY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.