Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER AT&T MAKES NO EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTY AND DISCLAIMS ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACYFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR THOSE ARISING FROM A STATUTE USAGE OF TRADE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADEDEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDKFURTHER, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE AT&T MAKES NO WARRANTY THATTHAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: - THE WIKITUDE SDK INTEROPERABILITY, ACCESS TO OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION INTERCONNECTION OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDSERVICES WITH APPLICATIONS, TIMELYEQUIPMENT, SECURESERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR FREE DESTRUCTION OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDCUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK MGIEXTN SYSTEM IS PROVIDED ON AN „"AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES" WITHOUT WARRANTY OF ANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEESTHE COMPLETENESS, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITYCURRENTNESS, ACCURACY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANT ABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. USER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE MGIEXTN SYSTEM TO ACHIEVE INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE MGIEXTN SYSTEM. MGI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MGIEXTN SYSTEM WILL MEET USER'S REQUIREMENTS OR USETHAT THE OPERATION OF THE MGIEXTN SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, VIRUS FREE, OR ARISING FROM A STATUTE CONTINUOUSLY AVAILABLE. MGI MAKES NO WARRANTY REGARDING LINKS TO THIRD-PARTY WEBSITES OR CUSTOM THIRD-PARTY SOFTWARE THAT MAYBE INCLUDED WITH THE MGIEXTN SYSTEM. USE OR A COURSE OF DEALING ACCESS TO SUCH THIRD-PARTY LINKS AND SOFTWARE, OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK WEBSITES IS DONE SO ENTIRELY AT YOUR USER'S OWN DISCRETION AND RISK AND YOU WILL BE RISK. USER UNDERSTANDS THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR USER'S OR MGIEXTN USER’S COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDKMGIEXTN SYSTEM. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, RESPECTIVELYUSER (AND MGIEXTN USERS) IS ADVISED TO VERIFY AND BACKUP ITS WORK. - NO ADVICE THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY WHICH INCLUDES ANY CLAIM RELATED TO THIS AGREEMENT BASED ON CONTRACT, TORT OR INFORMATIONSTRICT LIABILITY FOR DAMAGES OF ANY KIND, WHETHER ORAL INCLUDING WITHOUT LIMITATION, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR WRITTENCONSEQUENTIAL DAMAGES, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AS THEY RELATE TO THIS AGREEMENT. THESE LIMITATIONS APPLY EVEN IF MGI IS ADVISED BEFOREHAND OF THE TERMS AND CONDITIONS. 9.2 IN PARTICULARPOSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THE AGGREGATE LIABILITY OF MGI, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS AGREEMENT, SHALL NOT EXCEED THE GREATER OF 1) THE TOTAL AMOUNT OF FEES PAID BY USER TO MGI, IF ANY, FOR USER'S ANNUAL USE OF MGIEXTN, OR 2) $100. THIS LIMITATION ON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION REGARD TO WHETHER OTHER PROVISIONS OF THE WIKITUDE SDK WILL AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. MGI SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION ON THE MGIEXTN SYSTEM, IT BEING UNDERSTOOD THAT MGIEXTN IS A REPOSITORY FOR COPIES OF DOCUMENTS AND USER IS RESPONSIBLE FOR REASONABLE BACKUP PRECAUTIONS. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION. USER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED UNDER THIS AGREEMENT WOULD BE UNINTERRUPTEDSIGNIFICANTLY HIGHER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, TIMELYTHE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN SUCH STATES, SECURE, OR FREE THE LIABILITY OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN MGI UNDER THIS AGREEMENT IS LIMITED TO THE SOFTWARE WILL BE CORRECTEDFULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Appears in 1 contract

Samples: Licensing Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SENTINELONE SOLUTIONS ARE OFFERED ON AN AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH YOU ASSUME ALL RISK AS TO THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION RESULTS AND RISK PERFORMANCE OF THE SOLUTIONS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. - WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, WE SHALL HAVE NO ADVICE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK PERMANENT OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION TEMPORARY CESSATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURESOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES AND INTERRUPTIONSCHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED US $100. - ANY DEFICIENCIES AND ERRORS IN JURISDICTIONS WHERE THE SOFTWARE WILL EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE CORRECTEDLIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SOLUTIONS ARE OFFERED SOLELY ON AN „AS “AS-ISAND „AS “AS-AVAILABLEBASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION SOLUTIONS AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH WIRESPEED’S INSTRUCTIONS. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - IT IS UNDERSTOOD AND AGREED THAT WIRESPEED WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE WIKITUDE SDK SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION BETA USE OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDSOLUTIONS, TIMELYWIRESPEED SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SECUREINCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION, OR OTHER INTANGIBLE OR TANGIBLE LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOLUTIONS OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WIRESPEED IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WIRESPEED IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, WIRESPEED’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF WIRESPEED SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) (EXCLUDING ANY BREACHES OF WIRESPEED’S OBLIGATIONS RELATING TO CUSTOMER DATA) HEREIN. OWNERSHIP AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDRESERVATION OF RIGHTS.

Appears in 1 contract

Samples: Wirespeed Master Subscription Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK QIE STANDARD IS PROVIDED ON AN „TO LICENSEE "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. QVERA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES IMPLIED WARRANTY OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITYNONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH QVERA DOES NOT WARRANT THAT THE WIKITUDE SDK PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE ERROR-FREE. QVERA'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS ARISING OUT OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE WIKITUDE SDKSOFTWARE SHALL BE LIMITED TO DIRECT DAMAGES, RESPECTIVELYWHICH SHALL NOT EXCEED $US 50.00. - IN NO ADVICE EVENT SHALL QVERA BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR INFORMATIONANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE QIE STANDARD, REGARDLESS OF THE FORM OF ACTION WHETHER ORAL IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAROTHERWISE, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION REGARDLESS OF WHETHER QVERA HAS BEEN GIVEN NOTICE OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDPOTENTIAL FOR SUCH LOSS OR DAMAGE. Some states or jurisdictions do not allow the exclusion of implied warranties, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDso some of the above limitations may not apply to Licensee.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties and Liability. 9.1 EXCEPT AS OTHERWISE PROVIDED IN SECTION 5 ABOVE, AND IN CONNECTION WITH THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED, DX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR ANY OTHER PERSON OR ENTITY ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THIRD-PARTY NETWORK OPERATING SYSTEMS, COMPUTER HARDWARE, SOFTWARE, OR PERIPHERALS THAT YOU EXPRESSLY UNDERSTAND USE IN CONJUNCTION WITH THE PRODUCT, OR THAT ANY NETWORK-ACCESSIBLE FEATURES OF THE PRODUCT WILL BE CONTINUALLY ACCESSIBLE OR ACCESSIBLE AT ANY TIME. THE THIRD- PARTY SOURCE CODES USED IN THE SOFTWARE ARE PROVIDED BY THIRD-PARTY LICENSORS “AS IS,” WHO DISCLAIM ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND AGREE THAT: - YOUR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY SUCH THIRD-PARTY LICENSOR OR ITS CONTRIBUTORS OR DX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATED IN ANY WAY OR MANNER TO LOSS OF BUSINESS AND BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF ABILITY TO SELL, TRANSFER, ASSIGN OR SECURITIZE ANY LOAN ON ANY PARTICULAR TERMS CAUSED OR RELATED TO ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) RELATED TO, CONNECTED WITH OR THAT MAY OTHERWISE ARISE OUT OF THE USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISKSOFTWARE OR ASSOCIATED ONLINE SERVICES ON DX’S WEB SITE. IN NO EVENT WILL DX BE LIABLE TO YOU IN ANY AGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00). WITH RESPECT TO THE WIKITUDE SDK IS SOFTWARE, SOFTWARE DOCUMENTATION PRODUCTS AND ALL OTHER SERVICES PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY HEREUNDER, DX DISCLAIMS ALL OTHER WARRANTIES, ENDORSEMENTSCONDITIONS, GUARANTEESREPRESENTATIONS, CONDITIONS INDEMNITIES AND REPRESENTATIONSGUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO INFORMATION CONTAINED IN ANY CONDITIONSPRESS RELEASES, ENDORSEMENTSADVERTISING, GUARANTEESNEWSLETTERS, REPRESENTATIONS WEBSITE UPDATES OR WARRANTIES BY ANY OF DURABILITYDX’S OFFICERS, MERCHANTABILITYDIRECTORS, MERCHANTABLE QUALITYEMPLOYEES, SATISFACTORY QUALITYCONTRACTORS, ACCURACYLEGAL REPRESENTATIVES, TITLEAGENTS OR ANY OTHER PARTIES RELATED TO DX, NON-INFRINGEMENT AND INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IN ANY SUCH EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN TIME AND DURATION TO ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE OR USEYOUR INITIAL AUTHORIZATION TO USE THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE BY YOUR INITIAL USE OF DEALING OR USAGE THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX, WHICHEVER EVENT OCCURS FIRST IN TIME. THE LIABILITY OF TRADE. - DX AND ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LEGAL REPRESENTATIVES OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE PERSON OR ENTITY, TO YOU OR ANY OF THE WIKITUDE SDKYOUR OFFICERS, RESPECTIVELY. - NO ADVICE DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS LEGAL REPRESENTATIVES OR INFORMATIONANY OTHER PERSON OR ENTITY, FOR ANY CLAIM OR CAUSE OF ACTION, WHETHER ORAL ANY SUCH CLAIMS ARE MADE IN BREACH OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY OR WRITTENANY OTHER SUCH CAUSE OF ACTION OR OTHERWISE THAT MAY BE RELATED TO, OBTAINED BY CONNECTED WITH OR THAT MAY OTHERWISE ARISE OUT OF THIS AGREEMENT SHALL BE LIMITED WITH RESPECT TO EACH MORTGAGE LOAN TRANSACTION FOR WHICH THE SOFTWARE, SERVICES, PRODUCTS DISCLOSURES OR ANY OTHER SERVICES OR PRODUCTS WERE UTILIZED TO THE ACTUAL AMOUNTS PAID OR PAYABLE FOR THE SOFTWARE, SERVICES AND PRODUCTS USED IN CONNECTION WITH SUCH MORTGAGE LOAN TRANSACTION. IN NO EVENT WILL DX BE LIABLE TO YOU FROM WIKITUDE SHALL CREATE IN ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSAGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00). 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: User and License Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND (a) THE MASTERMIND® VARIANT DATA AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK CITED VARIANT REFERENCE FILE IS PROVIDED ON AN „AS ISAND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY GENOMENON HEREBY DISCLAIMS ALL WARRANTIES, ENDORSEMENTSWHETHER EXPRESS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS STATUTORY OR OTHERWISE. GENOMENON SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE AND TRADE PRACTICE. GENOMENON MAKES NO WARRANTY OF ANY KIND THAT THE MASTERMIND® VARIANT DATA, THE CITED VARIANT REFERENCE FILE OR ANY PRODUCTS OR RESULTS OF THEIR USE WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. (b) LICENSEE ACKNOWLEDGES AND AGREES THAT THE MASTERMIND® VARIANT DATA IS NOT INTENDED TO DIRECTLY DIAGNOSE A DISEASE OR OTHER CONDITION. GENOMENON WILL NOT BE RESPONSIBLE IN ANY MANNER FOR ENSURING THAT LICENSEE’S USE OF SAME IN THE CONTEXT OF LICENSEE’S INTERPRETATION OF VARIANTS COMPLIES WITH THE RULES AND REGULATIONS OF THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODIES. LICENSEE ALSO ACKNOWLEDGES AND AGREES THAT MASTERMIND® VARIANT DATA IS NOT INTENDED TO BE MEDICAL ADVICE OR INSTRUCTIONS FOR MEDICAL DIAGNOSIS, TREATMENT OR CARE OF PERSONS OR ANIMALS AND NO PHYSICIAN-PATIENT RELATIONSHIP IS OR IS INTENDED TO BE CREATED BY THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREUNDER. THE MASTERMIND® VARIANT DATA IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE WITHOUT SUPERVISION OF A DOCTOR OR QUALIFIED HEALTHCARE PROVIDER. FURTHER, THE MASTERMIND® VARIANT DATA IS NOT TO BE USED DIRECTLY FOR TREATMENT OR THERAPEUTIC DECISION-MAKING AND UNDER NO CIRCUMSTANCES REPRESENTS GENOMENON RECOMMENDATIONS. GENOMENON ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE UNDERLYING LITERATURE AND DATABASES NOR FOR THE OPINIONS AND RECOMMENDATIONS OF AUTHORS OF CURATED LITERATURE AND DATABASES. (c) IN NO EVENT WILL GENOMENON BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES; INCREASED COSTS, DIMUNITION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUE OR PROFITS; LOSS OF GOODWILL OR REPUTATION; USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR ARISING FROM A STATUTE RECOVERY OF ANY DATA OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS BREACH OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE SYSTEM SECURITY; OR COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GENOMENON WAS ADVISED OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE POSSIBILITY OF SUCH LOSSES OR INFORMATION, WHETHER ORAL DAMAGES OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSSUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: Data License Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND THE SOFTWARE AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK DOCUMENTATION IS PROVIDED TO YOU ON AN AS IS“ IS BASIS WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS AVAILABLE“ BASISTO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. - WIKITUDE NT-XXXX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS STATUTORY OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THERE IS NO WARRANTY THAT THE SOFTWARE AND THE DOCUMENTATION DOES NOT INFRINGE THE RIGHTS OF OTHERS (WHETHER PATENT RIGHTS, COPYRIGHTS OR USEOTHERS). TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NT-XXXX, NOR NT-XXXX S SUBSIDIARIES AFFILIATES, LICENSORS, DISTRIBUTORS OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL DEALERS SHALL BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA OR PERSONAL INJURY), HOWSOEVER ARISING WHETHER OR NOT NT-XXXX, NT-XXXX S SUBSIDIARIES OR AFFILIATES, LICENSORS, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NT-XXXX, NT-XXXX S SUBSIDIARIES OR AFFILIATES, LICENSORS, DISTRIBUTORS OR DEALERS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE THAT RESULTS FROM CLAIM AGAINST YOU BY A THIRD PARTY ARISING OUT OF THE USE OR PERFORMANCE OF THE WIKITUDE SDKSOFTWARE OR THE DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. You acknowledge that the SOFTWARE has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the SOFTWARE as described in the DOCUMENTATION meet your requirements. You acknowledge that the SOFTWARE may not be free of errors of bugs and you agree that the existence of any minor errors shall not constitute breach of this license. You further acknowledge that events beyond NT-xxxx s conrot l may affect, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE limit or prevent the use or access to the SOFTWARE WILL BE CORRECTED.whether temporarily or permanently

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SENTINELONE SOLUTIONS ARE OFFERED ON AN AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH YOU ASSUME ALL RISK AS TO THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION RESULTS AND RISK PERFORMANCE OF THE SOLUTIONS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. - WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, WE SHALL HAVE NO ADVICE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK PERMANENT OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION TEMPORARY CESSATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURESOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES AND INTERRUPTIONSCHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED US $100. - ANY DEFICIENCIES AND ERRORS IN JURISDICTIONS WHERE THE SOFTWARE WILL EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE CORRECTEDLIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 HEREIN.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SENTINELONE SOLUTIONS ARE OFFERED ON AN AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH CUSTOMER ASSUMES ALL RISK AS TO THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION RESULTS AND RISK PERFORMANCE OF THE SOLUTIONS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. - WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO ADVICE LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK PERMANENT OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION TEMPORARY CESSATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURESOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES AND INTERRUPTIONSCHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. - ANY DEFICIENCIES AND ERRORS IN JURISDICTIONS WHERE THE SOFTWARE WILL EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE CORRECTEDLIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 8 (CONFIDENTIALITY) HEREIN.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISKLIMITED WARRANTY. THE WIKITUDE SDK SOFTWARE IS PROVIDED ON AN „"AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES" WITHOUT WARRANTY OF ANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR USECORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADESO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR COMPUTER SYSTEM STATE OR LOSS OF DATA JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR ANY OTHER DAMAGE AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED FUNCTIONS CONTAINED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY SOFTWARE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - OR THAT THE PROVISION OPERATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. However, Canon or Canon's subsidiaries warrant the medium on which the SOFTWARE is stored (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon's subsidiaries and affiliates, their distributors and dealers' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the SOFTWARE and may not extend to anyone other than the original user of the SOFTWARE NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, CANON'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS AND CANON'S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SOLUTIONS ARE OFFERED SOLELY ON AN „AS “AS-ISAND „AS “AS-AVAILABLEBASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION SOLUTIONS AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE WIKITUDE SDK SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION BETA USE OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDSOLUTIONS, TIMELYSENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.INCIDENTAL,

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer of Warranties and Liability. 9.1 We work hard to make sure the Discovery Education Sites are interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Discovery Education Sites. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK DISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS PROVIDED NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS ANY DISCOVERY EDUCATION SITE OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED AVAILABLE THROUGH THE WIKITUDE SDK IS DONE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVERY EDUCATION SITES. THE DISCOVERY EDUCATION SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, NOR DO THEY GUARANTEE THAT THE DISCOVERY EDUCATIONSITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE DISCOVERY EDUCATION SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NOCIRCUMSTANCES WILL THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLETO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE DISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY EDUCATION FOR THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSDISCOVERY EDUCATION SITES. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: Visitor Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISKLIMITED WARRANTY. THE WIKITUDE SDK SOFTWARE IS PROVIDED ON AN „"AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES" WITHOUT WARRANTY OR CONDITION OF ANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR USECORRECTION. SOME STATES, PROVINCES, OR ARISING FROM A STATUTE LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADECONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR COMPUTER SYSTEM STATE, PROVINCE TO PROVINCE, OR LOSS OF DATA JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR ANY OTHER DAMAGE AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED FUNCTIONS CONTAINED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY SOFTWARE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - OR THAT THE PROVISION OPERATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. However, Canon or Canon's subsidiary or affiliate warrants the media on which the SOFTWARE is stored (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon's subsidiaries and affiliates, their distributors and dealers and Canon's licensors' entire liability and your exclusive remedy shall be the replacement of the media not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the media has resulted from accident, abuse or misapplication of the SOFTWARE and may not extend to anyone other than you. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRAUD OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, CANON'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS AND CANON'S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Software License Agreement

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Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SOLUTIONS ARE OFFERED ON AN AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH CUSTOMER ASSUMES ALL RISK AS TO THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION RESULTS AND RISK PERFORMANCE OF THE SOLUTIONS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. - WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO ADVICE LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK PERMANENT OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION TEMPORARY CESSATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURESOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES AND INTERRUPTIONSCHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. - ANY DEFICIENCIES AND ERRORS IN JURISDICTIONS WHERE THE SOFTWARE WILL EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE CORRECTEDLIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. SOLUTIONS, THE WIKITUDE SDK IS PROVIDED SENTINELONE SOLUTIONS ARE OFFERED ON AN AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL , WITHOUT ANY WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTSBUT NOT LIMITED TO, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. - ANY MATERIAL OR SOFTWARE USED THROUGH CUSTOMER ASSUMES ALL RISK AS TO THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION RESULTS AND RISK PERFORMANCE OF THE SOLUTIONS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE ACKNOWLEDGES THAT RESULTS FROM THE USE OF THE WIKITUDE SDKSOLUTIONS, RESPECTIVELYTO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. - WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO ADVICE LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK PERMANENT OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION TEMPORARY CESSATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURESOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF DEFICIENCIES AND INTERRUPTIONSCHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. - ANY DEFICIENCIES AND ERRORS IN JURISDICTIONS WHERE THE SOFTWARE WILL EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE CORRECTEDLIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 8 (CONFIDENTIALITY) HEREIN.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 We work hard to make sure the Discovery Education Sites are interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Discovery Education Sites. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK DISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS PROVIDED NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS ANY DISCOVERY EDUCATION SITE OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED AVAILABLE THROUGH THE WIKITUDE SDK IS DONE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVERY EDUCATION SITES. THE DISCOVERY EDUCATION SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, NOR DO THEY GUARANTEE THAT THE DISCOVERY EDUCATION SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE DISCOVERY EDUCATION SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION, DISCOVERY COMMUNICATIONS, LLC OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE DISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION, DISCOVERY COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY COMMUNICATIONS, LLC FOR THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSDISCOVERY EDUCATION SITES. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: Visitor Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIESTHE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WIFI TECHNOLOGY, ENDORSEMENTSTHERE MAY BE INTERRUPTIONS, GUARANTEESDELAYS, CONDITIONS AND REPRESENTATIONSOMISSIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEINACCURACIES, OR ARISING FROM A STATUTE OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED AVAILABLE THROUGH THE WIKITUDE SDK IS DONE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF YOUR DEVICE AND INFORMATION. THE SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ATP AND ITS RESPECTIVE SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE INFORMATION AVAILABLE THROUGH IT, NOR DO WE OR OUR SUPPLIERS, PROVIDERS AND LICENSORS GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL ATP (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES) OR ITS THIRD-PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS AND REPRESENTATIVES) (COLLECTIVELY, THE "DISCLAIMING PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ATP FOR THE USE OF THE WIKITUDE SDKSERVICE WITH RESPECT TO THE PURCHASE (AS DEFINED IN SECTION 1(B) ABOVE) FOR THE SESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE. TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN AGREE THAT THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION LIABILITY OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDDISCLAIMING PARTIES, TIMELYIF ANY, SECURE, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR FREE THE AMOUNT YOU PAID TO ATP FOR THE USE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS THE SERVICE WITH RESPECT TO THE PURCHASE (AS DEFINED IN SECTION 1(B) ABOVE) FOR THE SOFTWARE WILL BE CORRECTEDSESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 We work hard to make the WarnerMedia Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the WarnerMedia Sites. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK WARNERMEDIA SITES IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS PROVIDED NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WARNERMEDIA SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS ANY WARNERMEDIA SITE OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED AVAILABLE THROUGH THE WIKITUDE SDK IS DONE WARNERMEDIA SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WARNERMEDIA SITES. THE WARNERMEDIA SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE WARNERMEDIA SITES, WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WARNERMEDIA SITES, NOR DO WE GUARANTEE THAT THE WARNERMEDIA SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WARNERMEDIA SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WARNERMEDIA (INCLUDING THEIR AFFILIATES), THEIR AGENTS OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER ARISING HOWSOEVER OUT OF USE OF THE WARNERMEDIA SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT THE LIABILITY OF WARNERMEDIA (INCLUDING THEIR AFFILIATES), THEIR AGENTS OR LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WARNERMEDIA SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO WARNERMEDIA FOR THE USE OF THE WIKITUDE SDKWARNERMEDIA SITES. In the event of any controversy, RESPECTIVELYclaim or dispute ("dispute") related to or arising out of your use of the Sites, other than disputes related to or involving WarnerMedia’s intellectual property or WarnerMedia’s licensed intellectual or proprietary rights, you and WarnerMedia mutually agree to the following dispute resolution procedure: The parties will first attempt in good faith to resolve any dispute by informal negotiation. - NO ADVICE OR INFORMATIONThe informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, WHETHER ORAL OR WRITTENafter sixty (60) days from the date the notice of dispute is sent, OBTAINED BY YOU FROM WIKITUDE the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement. If the parties are unable to resolve the dispute through informal negotiation, you and WarnerMedia agree the dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Singapore. ALL DISPUTES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSBE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding. This Visitor Agreement has been made in and shall be construed in accordance with the laws of Singapore, without giving effect to any conflict of law principles. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: Visitor Agreement

Disclaimer of Warranties and Liability. 9.1 Please read this disclaimer carefully before using XxxxXxxxx.xxx. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED ON AN „TO YOU “AS ISAND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, INCLUDING WITHOUT LIMITATION ANY CONDITIONSMAXXSOUTH AND ITS AFFILIATES, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, TITLECOMPLETENESS, NON-INFRINGEMENT AND TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE SOLELY RESPONSIBLE FOR ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY DAMAGE TO YOUR COMPUTER SYSTEM REPRESENTATIONS REGARDING THE USE OR LOSS THE RESULTS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDKMATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, RESPECTIVELYACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULARYOU, AND WITHOUT LIMITING NOT MAXXSOUTH, ASSUME THE FOREGOINGENTIRE COST OF ALL NECESSARY MAINTENANCE, WIKITUDE MAKES REPAIR OR CORRECTION. UNDER NO WARRANTY THAT: - THE WIKITUDE SDK CIRCUMSTANCES SHALL MAXXSOUTH OR ITS FUCTIONALITY AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE WIKITUDE SDK WILL BE UNINTERRUPTEDPOSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, TIMELYAGENTS AND LICENSORS, SECUREIF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FREE FOR THE USE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDSERVICE.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISKLIMITED WARRANTY. THE WIKITUDE SDK SOFTWARE IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES” WITHOUT WARRANTY OF ANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONSINCLUDING, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR USECORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADESO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR COMPUTER SYSTEM STATE OR LOSS OF DATA JURISDICTION TO JURISDICTION. CANON, CANON’S SUBSIDIARIES OR ANY OTHER DAMAGE AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS DO NOT WARRANT THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED FUNCTIONS CONTAINED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY SOFTWARE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - OR THAT THE PROVISION OPERATION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. However, Canon or Canon’s subsidiary warrants the medium on which the SOFTWARE is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon’s subsidiaries and affiliates, their distributors and dealers’ entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Software and may not extend to anyone other than the original user of the SOFTWARE NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL EITHER CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON’S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, CANON’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS AND CANON’S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - THAT YOUR USE OF THE WIKITUDE SDK SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIESTHE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WI-FI TECHNOLOGY, ENDORSEMENTSTHERE MAY BE INTERRUPTIONS, GUARANTEESDELAYS, CONDITIONS AND REPRESENTATIONSOMISSIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USEINACCURACIES, OR ARISING FROM A STATUTE OTHER PROBLEMS WITH ACCESS TO SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED AVAILABLE THROUGH THE WIKITUDE SDK IS DONE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND RISK. YOU WILL BE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND OTHER ELECTRONIC DEVICES CONNECTED TO THE SERVICE OR LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE USE SERVICE. YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF YOUR DEVICES AND INFORMATION. VIASAT AND ITS RESPECTIVE SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WIKITUDE SDKSERVICE OR THE INFORMATION AVAILABLE THROUGH IT. TO THE FULLEXT EXTENT PERMITTED BY APPLICABLE LAW, RESPECTIVELY. - UNDER NO ADVICE CIRCUMSTANCES SHALL VIASAT (INCLUDING PARENTS, SUBSIDIARIES, AND AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR INFORMATIONREPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, WHETHER ORAL AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, OR WRITTENREPRESENTATIVES) (COLLECTIVELY, OBTAINED THE “DISCLAIMING PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR MISUSE OF THE SERVICE, VIOLATIONS OF THESE TERMS BY YOU, VIOLATION OF VIASAT’S ACCEPTABLE USE POLICY BY YOU FROM WIKITUDE SHALL CREATE OR ANY WARRANTY ACTIONS BY THIRD PARTIES NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 9.2 IN PARTICULARAFFILIATED WITH VIASAT, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION EVEN IF ADVISED BEFOREHAND OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE POSSIBILITY OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTEDSUCH DAMAGES.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. 9.1 YOU EXPRESSLY UNDERSTAND Due to the number of sources from which information on XxxxxxXxxXxxx.xxx.xxx is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and XxxxxxXxxXxxx.xxx.xxx. XxxxxxXxxXxxx.xxx.xxx may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Xxxxx’x New York Business does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations. XXXXX’X NEW YORK BUSINESS AND AGREE THAT: - YOUR USE OF ITS AGENTS AND LICENSORS DO NOT WARRANT THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLECOMPLETENESS, NON-INFRINGEMENT AND CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH XXXXXXXXXXXXX.XXX.XXX. NEITHER CRAIN’S NEW YORK BUSINESS, NOR ANY OF ITS AGENTS OR USE, LICENSORS SHALL BE LIABLE TO YOU OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE. - ANY MATERIAL OR SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE ANYONE ELSE FOR ANY DAMAGE LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING XXXXXXXXXXXXX.XXX.XXX AND ANY NEWS AND INFORMATION THROUGH XXXXXXXXXXXXX.XXX.XXX. IN NO EVENT WILL XXXXX’X NEW YORK BUSINESS, ITS AGENTS OR LICENSORS BE LIABLE TO YOUR COMPUTER SYSTEM YOU OR LOSS ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF DATA THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF XXXXX’X NEW YORK BUSINESS, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY OTHER DAMAGE THAT RESULTS FROM WAY CONNECTED WITH XXXXXXXXXXXXX.XXX.XXX OR THE INFORMATION IN XXXXXXXXXXXXX.XXX.XXX SHALL NOT EXCEED THE AMOUNT YOU PAID TO XXXXX’X NEW YORK BUSINESS FOR USE OF THE WIKITUDE SDKXXXXXXXXXXXXX.XXX.XXX. By posting or submitting comments on any message or chat area, RESPECTIVELYyou represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate this Terms and Conditions Agreement or any laws, and that it will not violate the rights of any person or entity. - NO ADVICE OR INFORMATIONCrain’s New York Business reserves the right to delete or edit any communications at any time, WHETHER ORAL OR WRITTENfor any reason, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONSbut has no obligation to review or remove any such content. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others. You agree to not post material that contains vulgar, profane, abusive or hateful language, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, false, misleading, fraudulent, unfair, contains gross exaggeration or unsubstantiated claims, or violates the privacy rights of any third party; violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; unfairly interferes with the uninterrupted use and enjoyment of XxxxxxXxxXxxx.xxx.xxx; advertises or offers to trade any goods or services, except in areas specifically designated for such purpose; uploads copyrighted or other proprietary material of any kind without the express permission of the owner of that material; or uploads or transmits viruses or other harmful, disruptive or destructive files. 9.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WIKITUDE MAKES NO WARRANTY THAT: - THE WIKITUDE SDK OR ITS FUCTIONALITY AND QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. - THE PROVISION OF THE WIKITUDE SDK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS. - ANY DEFICIENCIES AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Appears in 1 contract

Samples: Terms and Conditions of Use

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