Common use of Disclaimer of All Warranties Clause in Contracts

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.

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 XXXX 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 NON- 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 THIRD- ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICES, AND DOCUMENTATION.

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 KION 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.

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). 8.1 THE EVALUATION SOFTWARE, PARTIES AGREE THAT LSI FURNISHES THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES LSI LICENSED CODE AND THE DOCUMENTATION PROVIDED BY KION IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED EXPLANATORY MATERIALS TO LICENSEE “AS IS,” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KINDUNSUPPORTED, 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 LSI DISCLAIMS ALL RISK WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, INCLUDING ANY THAT MAY ARISE FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. LSI SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN THE LSI LICENSED CODE OR EXPLANATORY MATERIALS. LSI MAKES NO WARRANTY OR REPRESENTATION THAT THE LSI LICENSED CODE OR EXPLANATORY MATERIALS WILL MEET LICENSEE’S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE APPLICATION. 8.2 LSI DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE’S USE OF THE SOFTWARELSI LICENSED CODE IN ANY MEDICAL, SERVICESNUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION. LICENSEE REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE LSI LICENSED CODE IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION. LICENSEE SHALL INDEMNIFY, DEFEND, AND DOCUMENTATIONHOLD LSI HARMLESS AGAINST ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT LSI INCURS IN CONNECTION WITH BREACH OF THE WARRANTY IN THIS SECTION 8.2. 8.3 LSI DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE’S CREATION AND USE OF DERIVATIVE WORKS OF THE LSI SOURCE CODE. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD LSI HARMLESS AGAINST ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT LSI INCURS IN CONNECTION WITH LICENSEE’S DERIVATIVE WORKS OF LSI SOURCE CODE.