DISCLAIMER/LIMITATION OF WARRANTIES Sample Clauses

DISCLAIMER/LIMITATION OF WARRANTIES. Except for the warranties set forth in this Section 10, Zeta makes, and Client receives, no other representations, warranties or conditions hereunder, and Zeta hereby expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purposes other than fitness for services outlined in this Master Agreement. Zeta will not be deemed to have breached any warranty set forth in this Section 10 to the extent that: (i) Client or its agents modify the Services themselves in any manner without Zeta's assistance; (ii) the Services incorporate unauthorized third party materials at no fault of Zeta; or (iii) Client fails to incorporate any fix, patch, upgrade, update or other enhancement to the Services, which is provided at no additional cost by Xxxx, except in relation to customizations specific to Client, if the breach of this warranty could have been avoided by the incorporation thereof. Zeta’s sole obligation, and Client’s exclusive remedy, for any failure to provide the Services shall be that Zeta shall use commercially reasonable efforts to cure such breach and provide such Services or, if Zeta is unable to effect such cure in a reasonable amount of time, to grant Client a credit in the amount of payments made, if any, by the Client in advance for the affected Services. Except as expressly set forth herein or in any Statement of Work, Zeta does not warrant (i) that the Services will be uninterrupted, timely, secure or error-free or (ii) that the Services or the benefits expected to be derived from the Services will meet any particular criteria of results, performance or quality.
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DISCLAIMER/LIMITATION OF WARRANTIES. 7.1. EXCEPT THOSE WARRANTIES EXPRESSLY DESCRIBED IN THIS GATEWAY SERVICES AGREEMENT, SHIFT4 SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INCLUDING WITHOUT LIMITATION SECTIONS 23.20 AND 23.21, SHIFT4 DOES NOT WARRANT THAT GATEWAY WILL BE UN- INTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.
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DISCLAIMER/LIMITATION OF WARRANTIES. Except for the limited warranties set forth in Section 6(b) and this Section 14(e), the Company makes, and the Client receives, no other representations, warranties or conditions hereunder. Company hereby expressly disclaims all other warranties and conditions, express or implied, including warranties of merchantability and fitness for a particular purposes. Without limiting the generality of the foregoing, Company makes no representation, warranty or condition that: (i) upon Final Acceptance of a Deliverable pursuant to Section 6(a), that such Deliverable will meet the requirements of the Client; (ii) the Deliverables will be interoperable with other hardware or software used by the Client; (iii) access to the Client Website will be uninterrupted, timely, secure or error-free, and (iv) any material downloaded or otherwise obtained through the use of the Client Website will not cause damage to any user's computer system. The Company will not be deemed to have breached any representation, warranty or condition set forth in this Section 14 to the extent that: (i) the Client or its agents modify the Client Website themselves in any manner without the Company's assistance; (ii) the Client fails to follow the instructions of the Company with respect to the use and operation of the Client Website or the Client uses the Client Website in a manner not contemplated by the parties, as determined by the Final Business Plan; (iii) the Client Website incorporates unauthorized Third Party Materials, through framing or otherwise, at no fault of the Company; or (iv) if the Client is not receiving Maintenance Services for any reason (including the termination or expiration of this Agreement), the Client fails to incorporate any fix, patch, upgrade, update or other enhancement to the Client Website or any Deliverable if the breach of this warranty could have been avoided by the incorporation thereof.
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DISCLAIMER/LIMITATION OF WARRANTIES. 7.1. EXCEPT THOSE WARRANTIES EXPRESSLY DESCRIBED IN THIS GATEWAY SERVICES AGREEMENT, SHIFT4 SPECIFICALLY DIS- CLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN- CLUDING WITHOUT LIMITATION SECTIONS 23.20 AND 23.21, SHIFT4 DOES NOT WARRANT THAT GATEWAY WILL BE UNINTER- RUPTED, ERROR FREE, OR COMPLETELY SECURE.
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DISCLAIMER/LIMITATION OF WARRANTIES. 7.1. EXCEPT THOSE WARRANTIES EXPRESSLY DESCRIBED IN THIS GATEWAY SERVICES AGREEMENT, SHIFT4 SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INCLUDING WITHOUT LIMITATION SECTIONS 23.20 AND 23.21, SHIFT4 DOES NOT WARRANT THAT GATEWAY WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE. 8. LIMITATION OF LIABILITY AND REMEDY, AND ONE-YEAR LIMIT TO BRING LEGAL ACTION 8.1. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS GATEWAY SERVICES AGREEMENT: SHIFT4’s ENTIRE LIABILITY AND MERCHANT’S EXCLUSIVE REMEDY FOR ANY BREACH OF THE WARRANTIES SET FORTH IN SECTION 6 (LIMITED WARRANTY) OR ANY SERVICE DEFECT OR FAILURE SHALL BE LIMITED TO: (1) SHIFT4’S CURING THE BREACH AND PERFORMING SERVICES UNDER THIS GATEWAY SERVICES AGREEMENT WITHIN A REASONABLE TIME; (2) PROVIDING ERROR CORRECTIONS; (3) REPLACING DEFECTIVE MEDIA OR DOCUMENTATION; OR (4) MERCHANT’S RIGHT TO TERMINATE THE GATEWAY SERVICES AGREEMENT UNDER SECTION 5 (TERMINATION). IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUE, COST OF SUBSTITUTES, LOST SAVINGS OR DAMAGES RESULTING FROM LOSS OF USE OF EQUIPMENT, OR LOSS OF CONTENT OR DATA, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY AND REMEDY SHALL NOT APPLY IN THE EVENT THE CLAIM ARISES FROM THE GROSS NEGLIGENCE, CRIMINAL, FRAUDULENT, RECKLESS, OR WILLFUL MISCONDUCT OF THE OTHER PARTY.
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Related to DISCLAIMER/LIMITATION OF WARRANTIES

  • Limitation of Warranties The warranties made by BNYM in this Schedule C, and the obligations of BNYM under this Schedule C, run only to Company and not to its affiliates, its customers or any other persons.

  • Disclaimer of Warranties EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  • Disclaimer of Warranties Limitation of Liability SPIE warrants that it is entitled to grant the licenses granted in this Agreement, and is authorized to execute this Agreement. XXXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIAL, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPIE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE SPIE DIGITAL LIBRARY, SPIE’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF USE OF THE SERVICE OR LICENSED MATERIALS, OR ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO SPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against SPIE unless suit is filed thereon within one (1) year after the event giving rise to the claim.

  • Disclaimer Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • Disclaimer of Warranty Goods, services, facilities, or equipment provided by NASA under this Agreement are provided "as is." NASA makes no express or implied warranty as to the condition of any such goods, services, facilities, or equipment, or as to the condition of any research or information generated under this Agreement, or as to any products made or developed under or as a result of this Agreement including as a result of the use of information generated hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting product, or that the goods, services, facilities or equipment provided will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately- owned rights of others. Neither the government nor its contractors shall be liable for special, consequential or incidental damages attributed to such equipment, facilities, technical information, or services provided under this Agreement or such research, information, or resulting products made or developed under or as a result of this Agreement.

  • Limitation of Warranty THE EXPRESS WARRANTIES SET FORTH HEREIN SHALL CONSTITUTE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCT. TO THE EXTENT ALLOWED BY LAW, PANASONIC USA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON PANASONIC USA’S PART, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED IN WRITING BY PANASONIC USA. TO THE EXTENT THAT LAW PROHIBITS A DISCLAIMER OF ANY SUCH WARRANTIES, PANASONIC USA HEREBY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY. PANASONIC USA SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOVER ARISING OUT OF OR RELATED TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE PRODUCT, OR FROM USE OR INSTALLATION. IN NO EVENT SHALL PANASONIC USA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, OR LOSS OF REVENUES FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, WORK STOPPAGE, PRODUCT(S) FAILURE, IMPAIRMENT OF OTHER GOODS, INJURY TO PERSONS OR PROPERTY ARISING OUT OF OR RELATED TO THE PRODUCT(S). PANASONIC USA’S TOTAL LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE INVOICE VALUE PAID BY THE ORIGINAL OWNER FOR THE PRODUCT FURNISHED WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN SOME STATES THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF DAMAGES.

  • EXCLUSION OF WARRANTIES WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TOUR OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, OR (III) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY ITEMS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

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