Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF THE SOLUTIONS, THE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING 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, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, 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 SENTINELONE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’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 SENTINELONE 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) HEREIN.

Appears in 1 contract

Samples: Sentinelone Master Subscription Agreement

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Disclaimer of Warranties and Liability. DURING EVALUATION, OR EARLY ADOPTION, ADOPTION OR BETA USE OF THE SOLUTIONS, THE SENTINELONE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, USAGE OF TRADE, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S 'S INSTRUCTIONS. WITHOUT LIMITING 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 ADOPTIONS, ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE WE SHALL HAVE NO LIABILITY TO CUSTOMER YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION, INFORMATION OR OTHER INTANGIBLE OR TANGIBLE LOSS, LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS 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 SENTINELONE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. XXXXXXXXXXX SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER YOU SHALL NOT EXCEED U.S. US $100.00100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, ALLOWED THE LIABILITY OF SENTINELONE 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) HEREIN.

Appears in 1 contract

Samples: Sentinelone Terms of Service

Disclaimer of Warranties and Liability. DURING EVALUATIONLIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EARLY ADOPTION, OR BETA USE OF THE SOLUTIONS, THE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL THE ENTIRE RISK AS TO THE RESULTS QUALITY AND PERFORMANCE OF THE SOLUTIONS SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND ACKNOWLEDGES YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT THE USE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOLUTIONSSOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, TO THE EXTENT APPLICABLECanon 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, MUST BE MADE 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 STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOINGNO EVENT SHALL EITHER CANON, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATABUSINESS PROFITS, LOSS OF PROGRAMS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE COMPENSATORY, INCIDENTAL OR TANGIBLE LOSS, CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE OF THEREOF 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), SOFTWARE EVEN IF SENTINELONE IS AWARE EITHER CANON, CANON'S SUBSIDIARIES OR HAS AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO SOME STATES OR LEGAL JURISDICTIONS DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE ALLOW THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, LIMITATION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES IS PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT ALLOWED, THE LIABILITY APPLY TO YOU. RELEASE OF SENTINELONE SHALL BE LIMITED LIABILITY. TO THE GREATEST 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 FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINSOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Canon Software License Agreement

Disclaimer of Warranties and Liability. DURING EVALUATION, OR EARLY ADOPTION, ADOPTION OR BETA USE OF THE SOLUTIONS, THE SENTINELONE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, USAGE OF TRADE, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S 'S INSTRUCTIONS. WITHOUT LIMITING 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 ADOPTIONS, ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE WE SHALL HAVE NO LIABILITY TO CUSTOMER YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION, INFORMATION OR OTHER INTANGIBLE OR TANGIBLE LOSS, LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS 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 SENTINELONE IS AWARE OR 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 CHARGE FOR EVALUATION, EARLY ADOPTION, ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER YOU SHALL NOT EXCEED U.S. US $100.00100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, ALLOWED THE LIABILITY OF SENTINELONE 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) HEREIN.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties and Liability. DURING EVALUATIONWe work hard to make sure the Discovery Education Sites are interesting and enjoyable places, EARLY ADOPTION, OR BETA 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 AGREE THAT YOUR USE OF THE SOLUTIONSDISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, AND THE SOLUTIONS INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY EDUCATION SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE OFFERED SOLELY ON AN “ASRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA 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-IS” AND “AS-AVAILABLE” BASISINFRINGEMENT, WITHOUT ANY REPRESENTATIONS MERCHANTABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, ACCURACY, NON- INFRINGEMENTNOR DO THEY GUARANTEE THAT THE DISCOVERY EDUCATIONSITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES 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 SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING 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, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVERDISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT 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)SIMILAR DAMAGES, EVEN IF SENTINELONE IS AWARE OR HAS BEEN WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO (BECAUSE SOME STATES DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT ALLOWEDAPPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SENTINELONE SHALL BE THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW. .) YOU AGREE THAT THE FOREGOING LIMITATION LIABILITY OF LIABILITY SHALL NOT APPLY 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 PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINDISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY EDUCATION FOR THE USE OF THE DISCOVERY EDUCATION SITES.

Appears in 1 contract

Samples: www-media.discoveryeducation.com

Disclaimer of Warranties and Liability. DURING EVALUATIONWe work hard to make sure the Discovery Education Sites are interesting and enjoyable places, EARLY ADOPTION, OR BETA 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 AGREE THAT YOUR USE OF THE SOLUTIONSDISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, AND THE SOLUTIONS INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY EDUCATION SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE OFFERED SOLELY ON AN “ASRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA 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-IS” AND “AS-AVAILABLE” BASISINFRINGEMENT, WITHOUT ANY REPRESENTATIONS MERCHANTABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY EDUCATION SITES, ACCURACY, NON- INFRINGEMENTNOR DO THEY GUARANTEE THAT THE DISCOVERY EDUCATION SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES 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 SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING 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, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVERDISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT 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)SIMILAR DAMAGES, EVEN IF SENTINELONE IS AWARE OR HAS BEEN WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO (BECAUSE SOME STATES DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT ALLOWEDAPPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SENTINELONE SHALL BE THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW. .) YOU AGREE THAT THE FOREGOING LIMITATION LIABILITY OF LIABILITY SHALL NOT APPLY 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 PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINDISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY COMMUNICATIONS, LLC FOR THE USE OF THE DISCOVERY EDUCATION SITES.

Appears in 1 contract

Samples: www.discoveryeducation.com

Disclaimer of Warranties and Liability. DURING EVALUATION, EARLY ADOPTION, OR BETA YOU AGREE THAT YOUR USE OF THE SOLUTIONSSERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WIFI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA 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 SOLUTIONS ARE OFFERED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS"DISCLAIMING PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE SERVICE, INCLUDING, WITHOUT ANY REPRESENTATIONS LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR WARRANTIESSIMILAR DAMAGES, EXPRESS EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR IMPLIED, CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING 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, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, 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, NEGLIGENCE, AND OTHER TORT OR OTHERWISE), EVEN IF SENTINELONE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESACTIONS. XXXXXXXXXXX IS ALSO BECAUSE SOME STATES DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT ALLOWEDAPPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SENTINELONE SHALL BE THE DISCLAIMING PARTIES IS LIMITED TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE FOREGOING LIMITATION LIABILITY OF LIABILITY THE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT APPLY EXCEED THE AMOUNT YOU PAID TO ATP FOR THE USE OF THE SERVICE WITH RESPECT TO THE PARTIES OBLIGATIONS UNDER PURCHASE (AS DEFINED IN SECTION 7 1(B) ABOVE) FOR THE SESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE. TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ATP FOR THE USE OF THE SERVICE WITH RESPECT TO THE PURCHASE (CONFIDENTIALITYAS DEFINED IN SECTION 1(B) HEREINABOVE) FOR THE SESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE.

Appears in 1 contract

Samples: wifiinthepark.com

Disclaimer of Warranties and Liability. DURING EVALUATIONBecause of the nature of the World Wide Web as a developing medium of communication, EARLY ADOPTIONAmeriCold cannot guarantee that the Service will be provided without delays, omissions, interruptions, inaccuracies and other problems, many of which may not be within AmeriCold’s control. Therefore, this Service is provided by AmeriCold, and may be used by any User, only on the following condition conditions: EACH USER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF THIS SERVICE. BECAUSE OF THE NUMEROUS POTENTIAL SOURCES OF CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR BETA USE OF OTHER PROBLEMS WITH THE SOLUTIONSSERVICE. IF ANY USER RELIES ON THIS SERVICE OR ANY CONTENT OR FUNCTIONALITY AVAILABLE THROUGH THIS SERVICE, IT DOES SO AT ITS OWN RISK. THIS SERVICE IS PROVIDED TO USERS “AS IS.” AMERICOLD AND ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASISACCURACY, WITHOUT ANY REPRESENTATIONS COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENTPURPOSE OF THE CONTENT OR FUNCTIONALITY AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCECONTINUOUSLY AVAILABLE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE SERVICE WILL BE FREE OF THE SOLUTIONSVIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL AMERICOLD OR ITS OFFICERS, TO THE EXTENT APPLICABLEEMPLOYEES, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT AGENTS OR LICENSORS BE LIABLE TO USERS OR ANY THIRD PARTIES FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY DAMAGES OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVERTHAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT 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)SIMILAR DAMAGES, EVEN IF SENTINELONE IS AWARE OR HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY EACH USER AGREES THAT THE LIABILITY OF AMERICOLD AND THEIR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE KIND OF CHARGE FOR EVALUATION, EARLY ADOPTION, LEGAL OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY EQUITABLE CLAIM IN ANY WAY CONNECTED TO CUSTOMER THIS SERVICE SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION AMOUNT PAID TO AMERICOLD BY THE USER DURING THE PREVIOUS THIRTY (30) DAYS FOR THE USE OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF SENTINELONE 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) HEREINSERVICE.

Appears in 1 contract

Samples: User Agreement

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Disclaimer of Warranties and Liability. DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF THE SOLUTIONS, SOFTWARE AND THE SOLUTIONS ARE OFFERED SOLELY DOCUMENTATION IS PROVIDED TO YOU ON AN “ASAS IS BASIS WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. NT-IS” AND “AS-AVAILABLE” BASISXXXX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SOFTWARE AND THE DOCUMENTATION DOES NOT INFRINGE THE RIGHTS OF OTHERS (WHETHER PATENT RIGHTS, ACCURACY, NON- INFRINGEMENT, COPYRIGHTS OR THOSE ARISING OTHERS). TO THE FULLEST EXTENT PERMITTED BY LAW, STATUTENEITHER NT-XXXX, USAGENOR NT-XXXX S SUBSIDIARIES AFFILIATES, TRADELICENSORS, COURSE OF DEALING, COURSE OF PERFORMANCE, DISTRIBUTORS OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT DEALERS SHALL BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTALDIRECT, SPECIAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL INDIRECT DAMAGES WHATSOEVER, INCLUDING, OF ANY KIND (INCLUDING WITHOUT LIMITATION, LIMITATION LOSS OF REVENUE PROFITS OR PROFIT, LOST DATA 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 OTHERWISEPERSONAL INJURY), EVEN IF SENTINELONE IS AWARE HOWSOEVER ARISING WHETHER OR HAS NOT NT-XXXX, NT-XXXX S SUBSIDIARIES OR AFFILIATES, LICENSORS, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTIONAND NT-XXXX, NT-XXXX S SUBSIDIARIES OR BETA PURPOSES ONLYAFFILIATES, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER LICENSORS, DISTRIBUTORS OR DEALERS SHALL NOT EXCEED U.S. $100.00BE LIABLE FOR ANY CLAIM AGAINST YOU BY A THIRD PARTY ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE OR THE DOCUMENTATION. IN SOME JURISDICTIONS WHERE THE EXCLUSION OR DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY OR FOR INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF SENTINELONE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING SO THIS LIMITATION OF LIABILITY SHALL MAY NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN.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, limit or prevent the use or access to the SOFTWARE whether temporarily or permanently

Appears in 1 contract

Samples: Ware Software Licence Agreement

Disclaimer of Warranties and Liability. DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF THE SOLUTIONSEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-MGIEXTN SYSTEM IS PROVIDED "AS IS," "WITH ALL FAULTS," AND “AS-"AS AVAILABLE” BASIS" WITHOUT WARRANTY OF ANY KIND, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYTHE COMPLETENESS, CURRENTNESS, ACCURACY, NON-INFRINGEMENT, MERCHANT ABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. USER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE MGIEXTN SYSTEM TO ACHIEVE INTENDED RESULTS AND FOR THE INSTALLATION, ACCURACYUSE 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 THAT THE OPERATION OF THE MGIEXTN SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, NON- INFRINGEMENTVIRUS FREE, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCECONTINUOUSLY AVAILABLE. MGI MAKES NO WARRANTY REGARDING LINKS TO THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE THAT MAYBE INCLUDED WITH THE MGIEXTN SYSTEM. USE OR ACCESS TO SUCH THIRD-PARTY LINKS AND SOFTWARE, OR OTHERWISEWEBSITES IS DONE SO ENTIRELY AT USER'S OWN RISK. CUSTOMER ASSUMES ALL RISK AS USER UNDERSTANDS THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S OR MGIEXTN USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE FROM USE OF THE SOLUTIONSMGIEXTN SYSTEM. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, USER (AND MGIEXTN USERS) IS ADVISED TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONSVERIFY AND BACKUP ITS WORK. WITHOUT LIMITING THE FOREGOING, IT THIS 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, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, 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 A COMPREHENSIVE LIMITATION OF LIABILITY (WHICH INCLUDES ANY CLAIM RELATED TO THIS AGREEMENT BASED ON CONTRACT, TORT OR OTHERWISE)STRICT LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, 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 SENTINELONE MGI IS AWARE OR HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE USER AGREES THAT THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY OF MGI, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO CUSTOMER THIS AGREEMENT, SHALL NOT EXCEED U.S. 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) $100.00100. THIS LIMITATION ON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE 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 JURISDICTIONS WHERE THIS SECTION. USER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED UNDER THIS AGREEMENT WOULD BE SIGNIFICANTLY HIGHER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL CERTAIN CATEGORIES OF DAMAGES OR INCIDENTAL DAMAGES IS IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT ALLOWEDAPPLY TO USER. IN SUCH STATES, THE LIABILITY OF SENTINELONE SHALL BE MGI UNDER THIS AGREEMENT IS LIMITED TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN.

Appears in 1 contract

Samples: ex.morrisgroupinc.com

Disclaimer of Warranties and Liability. DURING EVALUATIONLIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EARLY ADOPTION, OR BETA USE OF THE SOLUTIONS, THE SOLUTIONS ARE OFFERED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL THE ENTIRE RISK AS TO THE RESULTS QUALITY AND PERFORMANCE OF THE SOLUTIONS SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES, PROVINCES, OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND ACKNOWLEDGES YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE, OR JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT THE USE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOLUTIONSSOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, TO THE EXTENT APPLICABLECanon 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, MUST BE MADE 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 STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOINGNO EVENT SHALL CANON, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATABUSINESS PROFITS, LOSS OF PROGRAMS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE COMPENSATORY, INCIDENTAL OR TANGIBLE LOSS, CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE OF THEREOF 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), SOFTWARE EVEN IF SENTINELONE IS AWARE CANON, CANON'S SUBSIDIARIES OR HAS AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO SOME STATES OR LEGAL JURISDICTIONS DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE ALLOW THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, LIMITATION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRAUD OR INCIDENTAL DAMAGES IS PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT ALLOWED, THE LIABILITY APPLY TO YOU. RELEASE OF SENTINELONE SHALL BE LIMITED LIABILITY. TO THE GREATEST 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 FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINSOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Canon Software License Agreement

Disclaimer of Warranties and Liability. DURING EVALUATIONPlease 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, EARLY ADOPTIONunless expressly stated otherwise, OR BETA 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 AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE SOLUTIONSNUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE SOLUTIONS 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 OFFERED SOLELY ON AN PROVIDED TO YOU AS-AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, INCLUDINGMAXXSOUTH AND ITS AFFILIATES, BUT AGENTS AND LICENSORS CANNOT AND DO NOT LIMITED TOWARRANT THE ACCURACY, WARRANTIES OF MERCHANTABILITYCOMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, ACCURACY, NON- INFRINGEMENT, INCLUDING BULLETIN BOARDS OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF DEALING, COURSE OF PERFORMANCE, VIRUSES OR OTHERWISEOTHER HARMFUL COMPONENTS. CUSTOMER ASSUMES ALL RISK AS TO MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONSMATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, TO ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE EXTENT APPLICABLEENTIRE COST OF ALL NECESSARY MAINTENANCE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONSREPAIR OR CORRECTION. WITHOUT LIMITING THE FOREGOINGUNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDINGEXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, LOSS OF REVENUE ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE 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)SIMILAR DAMAGES, EVEN IF SENTINELONE IS AWARE OR HAS BEEN WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY THIRD PARTY. WHILE KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SERVICE 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 SENTINELONE SHALL BE LIMITED AMOUNT YOU PAID TO THE GREATEST EXTENT PERMITTED BY LAW. SERVICE OR FOR THE FOREGOING LIMITATION USE OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINSERVICE.

Appears in 1 contract

Samples: Maxxsouth Website Terms

Disclaimer of Warranties and Liability. DURING EVALUATION, EARLY ADOPTION, OR BETA USE OF LIMITED WARRANTY. THE SOLUTIONS, THE SOLUTIONS ARE OFFERED SOLELY ON AN SOFTWARE IS PROVIDED AS-AS IS” AND “AS-AVAILABLE” BASISWITHOUT WARRANTY OF ANY KIND, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL THE ENTIRE RISK AS TO THE RESULTS QUALITY AND PERFORMANCE OF THE SOLUTIONS SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND ACKNOWLEDGES YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS DO NOT WARRANT THAT THE USE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOLUTIONSSOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, TO THE EXTENT APPLICABLECanon 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, MUST BE MADE 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 STRICT CONFORMANCE WITH SENTINELONENO EVENT SHALL EITHER CANON, CANON’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOINGSUBSIDIARIES OR AFFILIATES, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT THEIR DISTRIBUTORS DEALERS OR CANON’S LICENSORS BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATABUSINESS PROFITS, LOSS OF PROGRAMS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE COMPENSATORY, INCIDENTAL OR TANGIBLE LOSS, CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE OF THEREOF 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), SOFTWARE EVEN IF SENTINELONE IS AWARE EITHER CANON, CANON’S SUBSIDIARIES OR HAS AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX IS ALSO SOME STATES OR LEGAL JURISDICTIONS DO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE ALLOW THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, LIMITATION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES IS PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT ALLOWED, THE LIABILITY APPLY TO YOU. RELEASE OF SENTINELONE SHALL BE LIMITED LIABILITY. TO THE GREATEST 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 FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREINSOFTWARE OR ITS USE.

Appears in 1 contract

Samples: Canon Software License Agreement

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