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Disclaimer of All Warranties. This Section 15.4 applies to the software described in this Section 15 (Evaluation Software Subscription) and Section 16 (Not-For-Resale Software Subscription). THE EVALUATION SOFTWARE, THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES AND THE DOCUMENTATION PROVIDED BY KION IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR INTENDED RESULTS, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, XXXX MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, SERVICES AND DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE FROM HARMFUL CODE, UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICES, AND DOCUMENTATION.
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Disclaimer of All Warranties. Licensee understands and agrees that the Software and any documentation and maintenance provided therewith are provided “AS IS” and without warranty, express or implied, of any kind. WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, SSI AND ITS LICENSOR SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of All Warranties. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOLUTION AND ALL PARTS THEREOF ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSPC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USUAGE OF TRADE. DSPC AND ITS LICENSORS DO NOT PROVIDE ANY WARRANTY OR MAKE ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE SOLUTION WILL MEET LICENSEE’S NEEDS OR EXPECTATIONS, THAT IT WILL FUNCTION AS ANTICIPATED, OR THAT THE SOLUTION WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DSPC OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOLUTION IS WITH LICENSEE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimer of All Warranties. THE CTC SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. CTC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO INDEPENDENT CONTRACTOR AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CTC OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CTC OBLIGATIONS.
Disclaimer of All Warranties. THE VMS SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. VMS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO INDEPENDENT CONTRACTOR AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VMS OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF VMS’s OBLIGATIONS.
Disclaimer of All Warranties. The Software or Hardware is licensed “as-is.” You bear the risk of using and distributing the Software or Hardware. Unless required by applicable law, Microsoft gives no express warranties, guarantees or conditions. To the extent permitted under applicable laws, Microsoft excludes the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
Disclaimer of All Warranties. Licensee acknowledges that the Software and any documentation and maintenance provided therewith are provided “AS IS” and without warranty, express or implied, of any kind. The licensee acknowledges that is it not possible to produce software free of mistakes based on the current state of technology and that herewith errors in the software and its documentation can not be excluded. WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, RESE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of All Warranties. EXCEPT AS SET FORTH IN THE APA, THE ATS INTELLECTUAL PROPERTY IS LICENSED HEREUNDER “AS IS” AND “WITH ALL FAULTS.” EXCEPT AS SET FORTH IN THE APA, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE ATS INTELLECTUAL PROPERTY, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ATS, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
