Common use of Disclaimer of Implied Warranties Clause in Contracts

Disclaimer of Implied Warranties. Xxxxxx XX makes no representation or warranty in connection with the Software, except as set forth in Sections 6.1, 6.2 and 6.3. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 6, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX XX DISCLAIMS, FOR ITSELF AND FOR PRIMUS, AND LICENSEE WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF LICENSEE, AND ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF [DISTRIBUTOR] OR OF PRIMUS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT OR THE SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT; OR (D) STATUTORY REMEDY.

Disclaimer of Implied Warranties. Xxxxxx XX makes Distributor and Distributor's Licensors -------------------------------- make no representation or warranty in connection with the Initial Software and New Software, except as set forth in Sections Section 6.1, 6.2 and 6.3. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 6, DISTRIBUTOR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX XX DISCLAIMS, FOR ITSELF AND FOR PRIMUS, DISTRIBUTOR'S LICENSORS DISCLAIM AND LICENSEE WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF LICENSEE, AND ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF [DISTRIBUTOR AND/OR DISTRIBUTOR] OR OF PRIMUS'S LICENSORS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT OR THE SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; OR (C) CLAIM OF INFRINGEMENT; OR (D) STATUTORY REMEDY.

Disclaimer of Implied Warranties. Xxxxxx XX Primus makes no representation or warranty in connection with the Software, except as set forth in Sections 6.1, 6.2 and 6.39.3.1 9.3.4. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 69.3, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT FOR DEATH OR BODILY INJURY THAT RESULTS FROM PRIMUS' PROVEN WILLFUL MISCONDUCT OR NEGLIGENCE, XXXXXX XX DISCLAIMS, FOR ITSELF PRIMUS DISCLAIMS AND FOR PRIMUS, AND LICENSEE DISTRIBUTOR WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF LICENSEEDISTRIBUTOR, AND ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF [DISTRIBUTOR] OR OF PRIMUS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT OR THE SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT; OR AND (D) STATUTORY REMEDYREMEDIES.

Disclaimer of Implied Warranties. Xxxxxx XX Primus makes no representation or warranty in connection with the Software, except as set forth in Sections 6.1, 6.2 and 6.39.3.1 - 9.3.4. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 69.3, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT FOR DEATH OR BODILY INJURY THAT RESULTS FROM PRIMUS' PROVEN WILLFUL MISCONDUCT OR NEGLIGENCE, XXXXXX XX DISCLAIMS, FOR ITSELF PRIMUS DISCLAIMS AND FOR PRIMUS, AND LICENSEE DISTRIBUTOR WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF LICENSEEDISTRIBUTOR, AND ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF [DISTRIBUTOR] OR OF PRIMUS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT OR THE SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT; OR AND (D) STATUTORY REMEDYREMEDIES.

Disclaimer of Implied Warranties. Xxxxxx XX Primus makes no representation or -------------------------------- warranty in connection with the Initial Software and New Software, except as set forth in Sections 6.1, 6.2 and 6.3Paragraph 1 above. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 6SCHEDULE 5, PRIMUS DISCLAIMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX XX DISCLAIMS, FOR ITSELF AND FOR PRIMUS, AND LICENSEE DISTRIBUTOR WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF LICENSEEDISTRIBUTOR, AND ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF [DISTRIBUTOR] OR OF PRIMUS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT OR THE SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; OR (C) CLAIM OF INFRINGEMENT; OR (D) STATUTORY REMEDY.. PRIMUS COMMUNICATIONS CORPORATION EXCLUSIVE DISTRIBUTION LICENSE AGREEMENT SHEDULE 6 Dispute Resolution And Other Provisions ---------------------------------------