Common use of Disclaimer of All Warranties Clause in Contracts

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. LICENSEE ACKNOWLEDGES WE PROVIDE THE LA MUSICA SERVICE AND AGREES THAT THE SOLUTION AND ALL PARTS THEREOF ARE PROVIDED "CONTENT TO YOU “AS IS"” AND “AS AVAILABLE.” WE TRY TO KEEP THE LA MUSICA SERVICE BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, DSPC AND ITS LICENSORS TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGINCLUDING ANY WARRANTY OF TITLE, BUT NOT LIMITED TONON-INFRINGEMENT, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY OR WARRANTIES ARISING OUT OF A THAT MAY ARISE FROM COURSE OF DEALING OR USUAGE COURSE OF PERFORMANCE OR USAGE OF TRADE. DSPC AND ITS LICENSORS WE DO NOT PROVIDE ANY WARRANTY OR MAKE ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, GUARANTEE THAT THE SOLUTION LA MUSICA SERVICE WILL MEET LICENSEE’S NEEDS ALWAYS BE SAFE, SECURE, OR EXPECTATIONS, THAT IT WILL FUNCTION AS ANTICIPATEDERROR-FREE, OR THAT THE SOLUTION LA MUSICA SERVICE WILL OPERATE ALWAYS FUNCTION WITHOUT INTERRUPTION DISRUPTIONS, DELAYS, OR WILL BE ERROR-FREEIMPERFECTIONS. NO ADVICE WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATIONINFORMATION OF THIRD PARTIES, WHETHER ORAL AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR WRITTENIN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, OBTAINED FROM DSPC YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR ELSEWHERESUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH 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 PURPOSEDEBTOR.

Disclaimer of All Warranties. LICENSEE ACKNOWLEDGES AND AGREES THAT WITHOUT LIMITING THE SOLUTION FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, APP, WEBSITE, AND ALL PARTS THEREOF POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED "AS IS" AND ". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSPC AS AVAILABLE" AND ITS LICENSORS DISCLAIM ALL WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING OUT OF A IMPLIED BY ANY COURSE OF DEALING PERFORMANCE OR USUAGE USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DSPC AND · NEITHER BILT NOR ITS LICENSORS DO NOT PROVIDE AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) 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 INFORMATION WILL BE ERROR-FREETIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. NO ADVICE · NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR INFORMATION, WHETHER ORAL GIVES RISE TO ANY LEGAL OR WRITTEN, OBTAINED FROM DSPC OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONSCONTRACTUAL RIGHTS BY MEMBERS AGAINST BILT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE A MEMBER’S USE OF THE SOLUTION PROGRAM IS WITH LICENSEESOLELY AT THE MEMBER’S OWN RISK. · SOME JURISDICTIONS MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED TERMINATION OF MEMBER'S PARTICIPATION IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSETHE PROGRAM.