DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 14 contracts
Samples: Subscription Agreement, Perpetual License Agreement, Perpetual License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND IS ONLY FOR COMMERCIAL USE, SUBJECT TO ANY RESTRICTIONS IN THIS AGREEMENT OR THE DOCUMENTATION. SAGE, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSORS, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- INFRINGEMENT; OR NON-INFRINGEMENT AND (IV) ARISING FROM CUSTOM OR CUSTOM, TRADE USAGE OR BY ANY USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREINNEITHER SAGE, WE DO NOT ITS AFFILIATES, NOR ITS LICENSORS WARRANT THAT YOUR CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION DOCUMENTATION, AND/OR THE INFORMATION OBTAINED BY YOU CUSTOMER THROUGH USING THE SOFTWARE WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE SAGE IS NOT RESPONSIBLE OR LIABLE FOR ANY PERFORMANCE ISSUES OR ERRORS WITH THE SOFTWARE THAT ARISE FROM CUSTOMER’S DATA OR ANY THIRD PARTY. CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE ACKNOWLEDGES THAT WE DO SAGE DOES NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL LEGAL, OR OTHER ADVICE TO YOUCUSTOMERS, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOPARTIES.
Appears in 12 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: GUARANTEES (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICE THAT ARISE FROM CUSTOMER DATA, THIRD-THIRD- PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, USERS OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 4 contracts
Samples: Sage X3 (Salp) Agreement, Sage X3 (Salp) Agreement, Sage X3 on Premise (Salp) Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS CONDITIONS, TERMS, UNDERTAKINGS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEESTHOSE: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT REPRESENT, NOR DO WE WARRANT, GUARANTEE OR UNDERTAKE THAT YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE IS FREE FROM VIRUSES, BUGS, ERRORS OR MISTAKES, OR THAT THE SOFTWARESERVICE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD THIRD-PARTY. , AND YOU ARE SOLELY RESPONSIBLE FOR ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF SERVICE MEETS YOUR FAILURE TO DO SOREQUIREMENTS.
Appears in 4 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 11, THE COMPANY AGREES THAT TREND MICRO PROVIDES SOFTWARE IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS, WITH ALL FAULTS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, WARRANTY OR GUARANTEE OF ANY KIND. TREND MICRO (ON BEHALF OF ITSELF AND ITS SUPPLIERS/LICENSORS/RESELLERS) EXPRESSLY DISCLAIMS ANY CONDITIONS AND GUARANTEESWARRANTIES (WHETHER STATUTORY, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES) OF: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITYMERCHANTABILITY; (II) OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE; TITLE; QUALITY; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR OTHERWISE ARISING FROM A STATUTE, CUSTOM, USAGE OR TRADE PRACTICE, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER; OR ANY WARRANTY AGAINST INTERFERENCE WITH COMPANY’S QUIET ENJOYMENT OF ANY SOFTWARE. COMPANY UNDERSTANDS AND AGREES THAT TREND MICRO DOES NOT WARRANT OR GUARANTEE THAT: (IIIa) SOFTWARE WILL BE CONTINUOUSLY AVAILABLE OR USE THEREOF UNINTERRUPTED; (b) THE FUNCTIONS AND FEATURES CONTAINED IN SOFTWARE WILL MEET THE REQUIREMENTS OF NON- INFRINGEMENTCOMPANY OR THAT SOFTWARE WILL SATISFY ANY PARTICULAR BUSINESS, TECHNOLOGICAL, SERVICE, SECURITY, OR OTHER NEEDS OR REQUIREMENTS OF COMPANY; (c) SOFTWARE, UPDATES THERETO, OR MAINTENANCE THEREOF ARE FREE OF DEFECTS, PROBLEMS, BUGS, AND ERRORS OR THAT ALL DEFECTS, PROBLEMS, BUGS OR ERRORS WILL BE DETECTED OR CORRECTED; (d) SOFTWARE WILL DETECT ONLY, ANY, OR ALL SECURITY OR MALICIOUS CODE THREATS; OR (IVe) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE AND UPDATES WILL BE UNINTERRUPTED KEEP COMPANY’S NETWORKS OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE COMPUTER SYSTEMS FREE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL ALL VIRUSES OR OTHER ADVICE TO YOU, USERS, MALICIOUS/UNWANTED CONTENT OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, SAFE FROM INTRUSIONS OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOOTHER SECURITY ATTACKS/BREACHES.
Appears in 3 contracts
Samples: Global Business Software and/or Appliance Agreement, Global Business Software and/or Appliance Agreement, Trend Micro Global Business Software and/or Appliance Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: GUARANTEES (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Sage X3 Cloud Subscription Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENTHEREIN, THE OUTDOORLINK® SYSTEM, THE OUTDOORLINK® DEVICES, THE SERVICES AND THE OUTDOORLINK® SOFTWARE IS ARE PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE “WITH ALL FAULTS”. OUTDOORLINK®, AND ITS AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WITH RESPECT TO THE OUTDOORLINK® SYSTEM, THE OUTDOORLINK® DEVICES, THE SERVICES, AND THE OUTDOORLINK® SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS AND GUARANTEESOF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- PURPOSE OR USE, ACCURACY, SATISFACTORY QUALITY, NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY , COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREINOUTDOORLINK® AND ITS AGENTS, WE DO NOT WARRANT CONTRACTORS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES OR THE OUTDOORLINK® SOFTWARE WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF CUSTOMER, NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE UNINTERRUPTED OBTAINED BY USING THE OUTDOORLINK® SOFTWARE OR ERROR-OUTDOORLINK® SERVICES. OUTDOORLINK® AND ITS AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT ANY WORK PRODUCT WILL BE ERROR FREE. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO CUSTOMER BY OUTDOORLINK®, OR ITS AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS WILL CREATE A WARRANTY BY OUTDOORLINK® OR ITS AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS OR INCREASE THE SCOPE OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, OUTDOORLINK® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT THE OUTDOORLINK® SYSTEM, THE OUTDOORLINK® DEVICES, THE OUTDOORLINK® SOFTWARE OR THE OUTDOORLINK® SERVICES WILL FUNCTION IN THE EVENT THE LOCATION IN WHICH THE OUTDOORLINK® DEVICE IS INSTALLED DOES NOT HAVE ADEQUATE CELLULAR RECEPTION THROUGH THE APPLICABLE CELLULAR SERVICE PROVIDER, OR THAT THE SOFTWARE, DOCUMENTATION OUTDOORLINK® SOFTWARE PLATFORM SERVICE PROVIDERS AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTSCELLULAR SERVICE PROVIDER FAIL TO PROVIDE ADEQUATE SERVICE TO OUTDOORLINK®. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE SOME JURISDICTIONS DO NOT PROVIDE ANY ACCOUNTINGALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TAXATIONREPRESENTATIONS AND CONDITIONS. ACCORDINGLY, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOCUSTOMER.
Appears in 2 contracts
Samples: License Agreement, License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS SERVICES AND DELIVERABLES ARE PROVIDED ON AN “AS IS” BASIS BASIS, AND WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- INFRINGEMENT; OR NON-INFRINGEMENT AND (IV) ARISING FROM CUSTOM OR CUSTOM, TRADE USAGE OR BY ANY USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICES, DOCUMENTATION DELIVERABLES AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICES THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES YOUR DATA OR THIRD- PARTY PROVIDERSTHIRD PARTIES. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, YOU OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 2 contracts
Samples: Professional Services, Master Professional Services Agreement (Mpsa)
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SOLUTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS CONDITIONS, TERMS, UNDERTAKINGS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEESTHOSE: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT REPRESENT, NOR DO WE WARRANT, GUARANTEE OR UNDERTAKE THAT YOUR USE OF THE SOFTWARE SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOLUTION IS FREE FROM VIRUSES, BUGS, ERRORS OR MISTAKES, OR THAT THE SOFTWARESOLUTION, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SOLUTION WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SOLUTION THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD THIRD-PARTY. , AND YOU ARE SOLELY RESPONSIBLE FOR ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF SOLUTION MEETS YOUR FAILURE TO DO SOREQUIREMENTS.
Appears in 2 contracts
Samples: Software Licence Agreement, Software Licence Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENTAGREEMENT (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA), AVEVA AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR STATEMENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVEVA, ITS DEALERS, DISTRIBUTORS OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH IN THIS AGREEMENT AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. AVEVA DOES NOT WARRANT THAT THE SOFTWARE IS OR SUPPORT WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE OR SUPPORT WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN AVEVA’S DOCUMENTATION (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA), THAT THE OPERATION OF THE SOFTWARE AND SUPPORT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE OR SUPPORT WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. THE SOFTWARE AND SUPPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE SUBJECT TO TRANSMISSION ERRORS, DELIVERY FAILURES, DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOR THE AVOIDANCE OF DOUBT, AVEVA DISCLAIMS ALL LIABILITY FOR INFRINGEMENT CLAIMS OF ANY KIND ARISING FROM: (A) ANY YOU USE OF AVEVA SOFTWARE BEYOND THE SCOPE OF THIS AGREEMENT; (B) YOUR USE OF AVEVA SOFTWARE IN COMBINATION WITH ANY SOFTWARE NOT DEVELOPED BY AVEVA, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITYTHE CLAIM IS SUCH COMBINED USE; (IIC) YOUR FAILURE TO USE UPDATED OR MODIFIED VERSIONS OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENTAVEVA SOFTWARE PROVIDED OR MADE AVAILABLE BY AVEVA WITHOUT ADDITIONAL CHARGE; OR (IVD) ARISING FROM CUSTOM AVEVA’S COMPLIANCE WITH DESIGNS OR TRADE USAGE SPECIFICATIONS OF A PUBLISHED STANDARD OR AS PROVIDED BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, LIMITED WARRANTY PROVIDES THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND EXCLUSIVE REMEDIES WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM COVERED PRODUCTS ONLY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS AND GUARANTEESINCLUDING, WHETHER EXPRESSWITHOUT LIMITATION, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF AND FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREINFOR THE EXPRESS CONTENT OF THIS LIMITED WARRANTY, WE DO NOT WARRANT THAT YOUR USE VELUX PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE COVERED PRODUCTS AND ALL OTHER WARRANTIES WITH RESPECT TO THE SAME ARE HEREBY DISCLAIMED, UNLESS PROHIBITED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS A FULLY INTEGRATED DOCUMENT. ANY ALTERATION OR ADDITION TO THIS LIMITED WARRANTY MUST BE IN WRITING, REFER SPECIFICALLY TO THIS LIMITED WARRANTY, AND MUST BE MADE BY AN AUTHORIZED OFFICER OF VELUX. NO DISTRIBUTOR OR DEALER OF VELUX PRODUCTS AND NO REPRESENTATIVE OR EMPLOYEE, OTHER THAN AN OFFICER OF VELUX, HAS THE SOFTWARE WILL BE UNINTERRUPTED AUTHORITY TO MAKE ANY ALTERATION OR ERROR-FREE, ADDITION TO THIS LIMITED WARRANTY OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT TO PROVIDE ANY ACCOUNTINGOTHER WARRANTY, TAXATIONEXPRESS OR IMPLIED, FINANCIALORAL OR WRITTEN, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOTHAT IS BINDING ON VELUX.
Appears in 2 contracts
Samples: Limited Warranty, Limited Warranty
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTTHESE WARRANTIES ARE SERVICE PROVIDER’S EXCLUSIVE WARRANTIES FROM CA AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF , NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO CA DOES NOT WARRANT THAT YOUR THE CA SOFTWARE OR MAINTENANCE WILL MEET SERVICE PROVIDERS’ OR ITS END USER’S REQUIREMENTS OR THAT USE OF THE CA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SERVICE PROVIDER. IF PERMITTED BY APPLICABLE LAW:
(A) SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SPECIFIED FOR THE SUBJECT SOFTWARE(S) OR THAT MAINTENANCE; AND (B) THE SOFTWARE, DOCUMENTATION AND/REMEDY FOR BREACH OF ANY SUCH WARRANTIES IS LIMITED TO REPAIR OR REPLACEMENT OF ANY GOODS FOUND NOT TO COMPLY WITH THEM OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS PROVISION OF SERVICES AGAIN. NO WARRANTIES OF ANY KIND APPLY AFTER THAT PERIOD. SOME STATES OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE JURISDICTIONS DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, ALLOW SUCH LIMITATIONS SO TO THAT EXTENT THE FOREGOING LIMITATION MAY NOT APPLY TO SERVICE PROVIDER. THESE WARRANTIES GIVE SERVICE PROVIDER SPECIFIC LEGAL RIGHTS AND SERVICE PROVIDER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR OTHER ADVICE JURISDICTION TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOJURISDICTION.
Appears in 2 contracts
Samples: Managed Services Provider Agreement, Managed Services Provider Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS SERVICES AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS BASIS, AND WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- INFRINGEMENT; OR NON-INFRINGEMENT AND (IV) ARISING FROM CUSTOM OR CUSTOM, TRADE USAGE OR BY ANY USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICES, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICES THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: GUARANTEES (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- INFRINGEMENT; OR NON-INFRINGEMENT AND (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 2 contracts
Samples: Sage Accountant Cloud Subscription Terms and Conditions, Sage Accountant Cloud Subscription Terms and Conditions
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 10(a), THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS THESE WARRANTIES ARE EXCLUSIVE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ARE IN LIEU OF ALL OTHER REPRESENTATIONSWARRANTIES OR TERMS AND CONDITIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SP RESELLER AGREES THAT TREND MICRO PROVIDES PRODUCTS “AS IS” WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREND MICRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT OR ITS PERFORMANCE OR NON-PERFORMANCE HEREUNDER, THE PRODUCTS, AND MAINTENANCE INCLUDING ANY WARRANTIESWARRANTIES OF MERCHANTABILITY, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, QUALITY, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE ARISING FROM A STATUTE, CUSTOM, USAGE OR TRADE PRACTICE, COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE, THE PARTIES' CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR ANY WARRANTY AGAINST INTERFERENCE WITH SP RESELLER OR RESELLER’S CUSTOMER’S QUIET ENJOYMENT OF ANY PRODUCT. TREND MICRO DOES NOT WARRANT THAT: (1) THE PRODUCTS WILL BE CONTINUOUSLY AVAILABLE; (III2) THE FUNCTIONS AND FEATURES CONTAINED IN THE PRODUCTS WILL MEET THE REQUIREMENTS OF NON- INFRINGEMENTSP END CUSTOMER OR THAT PRODUCTS WILL SATISFY ANY PARTICULAR BUSINESS, TECHNOLOGICAL, SERVICE OR OTHER NEEDS OR REQUIREMENTS; OR (IV3) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR THE USE OF THE SOFTWARE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OR THAT THE SOFTWAREALL DEFECTS, DOCUMENTATION AND/PROBLEMS, BUGS OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.ERRORS IN THE
Appears in 2 contracts
Samples: Service Provider Program Agreement, Service Provider Program Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS CONDITIONS, TERMS, UNDERTAKINGS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEESTHOSE: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT REPRESENT, NOR DO WE WARRANT, GUARANTEE OR UNDERTAKE THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE IS FREE FROM VIRUSES, BUGS, ERRORS OR MISTAKES, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD THIRD-PARTY. , AND YOU ARE SOLELY RESPONSIBLE FOR ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF SOFTWARE MEETS YOUR FAILURE TO DO SOREQUIREMENTS.
Appears in 2 contracts
Samples: Software Licence Agreement, Software Licence Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS ONLY FOR COMMERCIAL USE, SUBJECT TO ANY RESTRICTIONS IN THIS AGREEMENT OR THE DOCUMENTATION. WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- INFRINGEMENT; OR NON-INFRINGEMENT AND (IV) ARISING FROM CUSTOM OR CUSTOM, TRADE USAGE OR BY ANY USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICES, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICES THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 1 contract
Samples: Sage People Subscription Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN HEREIN, ALL PRODUCTS AND SERVICES FURNISHED BY ev3 UNDER THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN AGREEMENT ARE FURNISHED BY EV3 AND ACCEPTED BY MTI “AS IS,” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO ev3 DOES NOT WARRANT THAT YOUR USE THE ev3 IMPLEMENTATION, THE THIRD PARTY SOFTWARE, THE SERVICES OR ANY PRODUCTS FURNISHED BY ev3 HEREUNDER WILL MEET MTI’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE ev3 IMPLEMENTATION OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT ALL FAILURES OF THE SOFTWARE, ev3 IMPLEMENTATION OR THIRD PARTY SOFTWARE TO CONFORM TO ev3’S OR MANUFACTURER’S PUBLISHED USER DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTSBE CORRECTED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES ev3 WARRANTS AND GUARANTEES IT WILL RESPOND TO MTI’S REQUESTS WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATASAME SENSE OF URGENCY IT APPLIES TO ITS OWN REQUESTS. IN NO EVENT SHALL ev3 BE LIABLE TO MTI, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTINGCUSTOMER, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERSREPRESENTATIVE, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE PARTY FOR (I) ANY CLAIMS ARISING OUT OF OR RELATED TO THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE THIRD PARTY SOFTWARE, (II) ANY CLAIMS ARISING OUT OF OR FOR RELATED TO MTI SUPPLIED SOFTWARE APPLICATIONS, MTI ACTIVITIES OR OTHERWISE, AND (III) ANY CLAIMSLOST REVENUE, COSTSLOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSSESLOSS OF DATA, LIABILITIES AND EXPENSES WHICH YOU INCUR OR INTERRUPTION OF LOSS OF USE OF SERVICE OR OF THE ev3 IMPLEMENTATION, THIRD PARTY SOFTWARE OR MTI ACTIVITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEPT AS A RESULT OF YOUR FAILURE TO DO SOPROVIDED BY SECTION 9.1.
Appears in 1 contract
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS CONDITIONS, TERMS, UNDERTAKINGS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEESTHOSE: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT REPRESENT, NOR DO WE WARRANT, GUARANTEE OR UNDERTAKE THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE IS FREE FROM VIRUSES, BUGS, ERRORS OR MISTAKES, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD THIRD-PARTY. , AND YOU ARE SOLELY RESPONSIBLE FOR ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF SOFTWARE MEETS YOUR FAILURE TO DO SOREQUIREMENTS.
Appears in 1 contract
Samples: Software License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND LICENSORS, DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS CONDITIONS, TERMS, UNDERTAKINGS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEESTHOSE: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WE, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT REPRESENT, NOR DO WE WARRANT, GUARANTEE OR UNDERTAKE THAT YOUR USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES IS FREE FROM VIRUSES, BUGS, ERRORS OR MISTAKES, OR THAT THE SOFTWARESERVICES, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICES THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD THIRD-PARTY. , AND YOU ARE SOLELY RESPONSIBLE FOR ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF SERVICES MEETS YOUR FAILURE TO DO SOREQUIREMENTS.
Appears in 1 contract
Samples: Software Licence Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENTNONINFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY THIRDPARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 1 contract
Samples: Perpetual License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES PROVIDED IN THIS AGREEMENTHEREUNDER TO SERVICE PROVIDER AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF , NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO CA DOES NOT WARRANT THAT YOUR CA’S SOFTWARE OR MAINTENANCE WILL MEET SERVICE PROVIDERS’ OR ITS END USER’S REQUIREMENTS OR THAT USE OF THE CA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SERVICE PROVIDER. IF PERMITTED BY APPLICABLE LAW: (A) SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SPECIFIED FOR THE SUBJECT SOFTWARE(S) OR THAT MAINTENANCE; AND (B) THE SOFTWARE, DOCUMENTATION AND/REMEDY FOR BREACH OF ANY SUCH WARRANTIES IS LIMITED TO REPAIR OR REPLACEMENT OF ANY GOODS FOUND NOT TO COMPLY WITH THEM OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS PROVISION OF SERVICES AGAIN. NO WARRANTIES OF ANY KIND APPLY AFTER THAT PERIOD. SOME STATES OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE JURISDICTIONS DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, ALLOW SUCH LIMITATIONS SO TO THAT EXTENT THE FOREGOING LIMITATION MAY NOT APPLY TO SERVICE PROVIDER. THESE WARRANTIES GIVE SERVICE PROVIDER SPECIFIC LEGAL RIGHTS AND SERVICE PROVIDER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR OTHER ADVICE JURISDICTION TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOJURISDICTION.
Appears in 1 contract
Samples: Managed Services Provider Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: GUARANTEES (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; , (II) OF FITNESS FOR A PARTICULAR PURPOSE; , (III) OF NON- NON-INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARESERVICE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE SERVICE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 1 contract
Samples: Affiliate Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS SECTION 13.a ABOVE ARE EXCLUSIVE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) , AND NON-INFRINGEMENT. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AxonIQ, ITS DEALERS, DISTRIBUTORS OR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NON- INFRINGEMENT; THE WARRANTIES GIVEN IN THIS SECTION, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCEADVICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO AxonIQ DOES NOT WARRANT THAT YOUR USE THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, WILL BE FIT FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS, OR THAT THE SOFTWARE, DOCUMENTATION AND/OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR PRODUCE PARTICULAR OUTCOMES OTHER THREATS OR RESULTSINTERRUPTIONS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE IF APPLICABLE LAWS DO NOT PROVIDE ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS, THEN ANY ACCOUNTINGIMPLIED WARRANTIES, TAXATIONGUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED TO THE GREATEST EXTENT ALLOWED BY THE APPLICABLE LAWS, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE TO YOU, USERS, OR AND IN ANY THIRD PARTY. CASE YOU ARE SOLELY RESPONSIBLE FOR MAY ONLY RECOVER THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOREMEDIES THIS AGREEMENT ALLOWS.
Appears in 1 contract
Samples: Cloud Service Subscription Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS THESE WARRANTIES ARE RUCKUS’S EXCLUSIVE WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM REPLACE ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISEINCLUDING, INCLUDING ANY WARRANTIESBUT NOT LIMITED TO, CONDITIONS OR GUARANTEES: (I) WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY; (II) OF , NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- INFRINGEMENT; OR (IV) ARISING FROM CUSTOM OR TRADE USAGE OR , EXCEPT WHERE EXPRESSLY PROHIBITED BY ANY COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCELAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO RUCKUS DOES NOT WARRANT THAT YOUR THE SOFTWARE MEETS LICENSEE’S REQUIREMENTS OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW, IF PERMITTED BY LAW: (A) SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SPECIFIED FOR THE SOFTWARE, DOCUMENTATION AND/; AND (B) THE REMEDY FOR BREACH OF ANY SUCH WARRANTIES IS LIMITED TO REPAIR OR THE INFORMATION OBTAINED BY YOU THROUGH THE REPLACEMENT OF ANY SOFTWARE WILL MEET YOUR REQUIREMENTS FOUND NOT TO COMPLY WITH THEM. THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE JURISDICTION TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SOJURISDICTION.
Appears in 1 contract
Samples: Software License Agreement
DISCLAIMER OF ALL OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS TRACKWISE DIGITAL, SUBSCRIPTION CARE SUPPORT SERVICES AND CONSULTING SERVICES ARE PROVIDED ON AN “AS IS” BASIS ”, AND SPARTA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ANY MATTER WHATSOEVER. SPARTA (ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS) EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, IMPLIED WARRANTIES, CONDITIONS AND GUARANTEESINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES, CONDITIONS OR GUARANTEES: (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON- , SATISFACTORY QUALITY, NON-INFRINGEMENT; , OWNERSHIP, QUIET ENJOYMENT, SECURITY OR (IV) ARISING FROM CUSTOM A COURSE OF DEALING, USAGE OR TRADE USAGE OR PRACTICE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY ANY COURSE APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF PRIOR DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY PROVIDED HEREINTHE FOREGOING, WE DO SPARTA DOES NOT WARRANT THAT YOUR USE OF TRACKWISE DIGITAL OR THE SOFTWARE SUBSCRIPTION CARE SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR WITHOUT INTERRUPTION, BE UNINTERRUPTED ERROR FREE, MEET SUBSCRIBER’S REQUIREMENTS, OR ERROR-FREEBE TIMELY OR SECURE, OR THAT THE SOFTWAREDATA PROVIDED THROUGH TRACKWISE DIGITAL WILL BE ACCURATE, DOCUMENTATION AND/UP-TO-DATE, COMPLETE OR THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS FREE OF HARMFUL COMPONENTS OR PRODUCE PARTICULAR OUTCOMES NOT LOST OR RESULTSDAMAGED. WE ARE SUBSCRIBER MAY NOT RESPONSIBLE MAKE OR LIABLE FOR PASS ON ANY ISSUES WITH THE SOFTWARE THAT ARISE FROM CUSTOMER DATA, THIRD-PARTY SERVICES REPRESENTATIONS OR THIRD- PARTY PROVIDERS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY ACCOUNTING, TAXATION, FINANCIAL, INVESTMENT, LEGAL OR OTHER ADVICE WARRANTY ON BEHALF OF SPARTA TO YOU, USERS, OR ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY INSTALLATION OF MAINTENANCE AND WE SHALL HAVE NO LIABILTY FOR ANY ISSUES WITH THE SOFTWARE, OR FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES WHICH YOU INCUR AS A RESULT OF YOUR FAILURE TO DO SO.
Appears in 1 contract
Samples: Service Agreement