Disclaimer of Warranties and Limitation of Liabilities. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR ANY OTHER AGREEMENT GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING OR MOBILE BANKING APPS, MOBILE BANKING AND MOBILE BANKING APPS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING APPS AND MOBILE BANKING, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. IN ADDITION TO ALL DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER BANK NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO (I) THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO MOBILE BANKING AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION; (II) ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF MOBILE BANKING. NEITHER BANK NOT ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BEAR ANY LIABILITY FOR (A) COMPATIBILITY OF MOBILE BANKING WITH WIRELESS AND/OR WAP- ENABLED DEVICES; (B) SERVER LATENCY OR RESPONSE TIMES FOR MOBILE BANKING; (C) ADDITIONAL COSTS ASSESSED BY WIRELESS CARRIERS FOR TEXT AND INTERNET ACCESS; OR
Disclaimer of Warranties and Limitation of Liabilities. DATA HAS BEEN OBTAINED BY CGS FROM SOURCES BELIEVED TO BE RELIABLE. HOWEVER, BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR BY CGS'S SOURCES, CGS OR OTHERS, CGS DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY DATA IN THE SERVICE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH DATA. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN "AS IS" BASIS. IN NO EVENT SHALL CGS, FACTSET, THE ABA OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF CGS, FACTSET, THE ABA OR THEIR RESPECTIVE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF CGS, FACTSET OR THE ABA AND THEIR AFFILIATES IN ANY AND ALL CATEGORIES, WHETHER ARISING FROM CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE SHALL, IN THE AGGREGATE, IN NO EVENT EXCEED THE ANNUAL FEE PAID BY SUBSCRIBER UNDER THIS AGREEMENT. CGS shall not be liable for any default resulting from circumstances beyond CGS’s reasonable control, including, without limitation, events of force majeure. No action, regardless of form, arising out of or pertaining to this Agreement may be brought by Subscriber or CGS more than one year from the date such cause of action accrued.
Disclaimer of Warranties and Limitation of Liabilities. 5.1 The Software is licensed to Licensee on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE LICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 IN NO EVENT SHALL APPLE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THIS AGREEMENT, THE SOFTWARE, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF APPLE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE ACKNOWLEDGES THAT THIS ALLOCATION OF RISKS IS A PART OF THE BARGAIN OF THIS AGREEMENT. Apple's total liability under this Agreement, however arising, shall not exceed five hundred dollars.
Disclaimer of Warranties and Limitation of Liabilities. Disclaimer of Warranties
9.01 Except as set forth in section 9.02 hereof, SeCan makes no representations, warranties or conditions, express or implied, as to, and expressly disclaims any representations, warranties or conditions, express or implied, in respect of any SeCan Varieties, as to merchantability, quality, performance, stability, adaptation or fitness for any use or a particular purpose, commercial utility or practical purpose, susceptibility of yielding valuable results or results that are free of defects or otherwise harmless, latent or other defects, or infringement or non- infringement of Plant Breeders’ Rights, patent or other third party rights and makes no representation, warranty or condition as to the safety, efficacy, or ability to obtain regulatory approval of or in respect of the SeCan Varieties.
9.02 In lieu of all other warranties, expressed or implied, and liability for possible negligence, SeCan warrants to the extent of the purchase price of any Seed of any SeCan Varieties provided to the Member that such Seeds sold are as described by SeCan on its container with recognized tolerances and that, to the best of SeCan’s knowledge, Pedigreed Seed labelled as to any SeCan Variety is and shall throughout the Term of this Agreement be characteristic of the SeCan Variety named and is within the recognized tolerance of an identified pedigree Class under the Canada Seeds Act and Regulations and/or the Regulations of the CSGA. SeCan makes no representations, warranties or conditions as to Seed variety, quality or description of any SeCan Varieties other than those expressed in this clause.
9.03 Under all circumstances and regardless of whether the claim is based upon any misdescription of or deviation from variety or quality or in respect of any misrepresentation or breach of conditions or warranty, express or implied, or based upon contract, negligence, mistake, omission or otherwise and regardless of the extent of the loss, the liability of SeCan and the owner of the SeCan Variety is limited to the purchase price of the Seeds of such SeCan Variety sold. As a condition to such liability, SeCan must receive written notice within thirty (30) days of the date it becomes apparent to the Member that any of the Seeds of a SeCan Variety provided to the Member are defective.
Disclaimer of Warranties and Limitation of Liabilities. 9.1. The Data is produced from the MSRB’s processing of trade reports made to the MSRB by dealers, which may contain inaccuracies, errors and omissions. The Data is processed by the MSRB using securities information obtained from third-party vendors and certain programs for processing data that, in some instances, may have been obtained by the MSRB from third party vendors, and in other instances produced by the MSRB for the purpose of producing the Data. Although the MSRB will use its best efforts to process transaction reports provided by dealers for inclusion in the Service as completely, promptly and accurately as practicable and to ensure that the Data accurately reflects trade reports made by dealers to the MSRB, the MSRB does not guarantee the accuracy, completeness and/or timeliness of the Data. Subscriber acknowledges the possibility of errors, omissions and failures in the delivery of data that may arise from any and all sources and causes, including the negligence of the MSRB or other parties involved in the production of the Service. Subscriber agrees that any use it makes of the Data, including any re- dissemination, will be done in a reasonable and prudent manner taking into account these possibilities.
9.2. NEITHER THE MSRB, NOR THE SUPPLIERS OF DATA, INFORMATION, PROGRAMMING, TELECOMMUNICATION SERVICES, OR OTHER PARTIES WHOSE GOODS OR SERVICES ARE USED BY THE MSRB IN PROVIDING THE SERVICE ("SUPPLIERS"), MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION), AND ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THE SERVICE, ANY DATA INCLUDED THEREIN, OR RESULTS TO BE OBTAINED ARE EXPRESSLY DISCLAIMED.
9.3. THE MSRB WILL NOT BE LIABLE FOR ANY ACTION TAKEN, OR ANY DELAY OR FAILURE TO TAKE ANY ACTION, HEREUNDER OTHER THAN FOR LOSSES CAUSED DIRECTLY BY THE MSRB’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF THE FEDERAL SECURITIES LAWS FOR WHICH THERE IS A PRIVATE RIGHT OF ACTION. THE MSRB WILL NOT BE LIABLE FOR THE ACTS, DELAYS, OMISSIONS, BANKRUPTCY OR INSOLVENCY OF ANY THIRD PARTY, UNLESS THE MSRB WAS GROSSLY NEGLIGENT, ENGAGED IN WILLFUL MISCONDUCT, OR IN VIOLATION OF THE FEDERAL SECURITIES LAWS FOR WHICH THERE IS A PRIVATE RIGHT OF ACTION IN SELECTING SUCH ...
Disclaimer of Warranties and Limitation of Liabilities. 5.1. NEITHER THE MSRB, ITS SUPPLIERS OF SCANNING SERVICES NOR ANY PERSON OR ENTITY CONNECTED WITH THE DEVELOPMENT, PRODUCTION OR DELIVERY OF THE SERVICE WARRANTS OR GUARANTEES THE ACCURACY OR COMPLETENESS OF ANY OF THE OFFICIAL STATEMENTS, ADVANCE REFUNDING DOCUMENTS AND THEIR ATTENDANT FORMS G-36 DISTRIBUTED BY THE SERVICE ("SERVICE INFORMATION"). THE MSRB MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THE SERVICE OR PRODUCTS DELIVERED, EITHER IN WHOLE OR IN PART INCLUDING, WITHOUT LIMITATION, THE SERVICE INFORMATION.
Disclaimer of Warranties and Limitation of Liabilities. The information provided by the Site is provided without warranty or liability -- whether implied, express or statutory. IHB does not warrant that the Site will be error or virus free. IHB does not assume any responsibility whatsoever arising out of your use of the Site, regardless of whether negligence on the part of IHB may have caused or contributed to any loss or damage suffered by you as a result of using or relying upon the Site. In no event under any theory of law, whether contract, tort, warranty or otherwise, shall IHB have any liability to any person for incidental, special, consequential or exemplary damages of any description, including but not limited to, damages for loss of profits, cost of capital or business interruption expenses as a result of your use of the Site. IHB SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, ITS SOFTWARE AND THE INFORMATION PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IHB reserves the right to prohibit you from accessing the Site at any time with or without cause. Your access to the Site constitutes a revocable, nonexclusive limited license to access the Site under the terms and conditions of this agreement. If you are authorized to download, copy, display, exhibit, share, or otherwise distribute the content of the Site, it is for informational, purposes only. Any unauthorized downloading, retransmission, republication or other copying or modification of material posted on the Site, including trademarks, tradenames and service marks, may violate federal, common or civil law trademark law and copyright law, is prohibited and may result in legal action. If you download software from the Site, such software is licensed on a limited basis to you by IHB or the owner of such software. Title to the software is not transferred to you. You own the medium on which the software is recorded, but IHB retains all rights, title and interest in and to the software, and all intellectual property rights therein. IHB reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in IHB's opinion is contrary to this Agreement. You agree that any person to whom you supply the content, directly or indirectly, will be advised of the terms and conditions of this Agreement, and that each such person is bound by these terms and conditions. You may in no way modify, reformulate...
Disclaimer of Warranties and Limitation of Liabilities. 16.1 SBUSD ACKNOWLEDGES AND AGREES THAT CALM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE REPORT OR CALM’S ACTIVITIES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SBUSD ACKNOWLEDGES AND AGREES THAT THE REPORT IS PROVIDED "AS IS".
16.2 SBUSD ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CALM WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT.
Disclaimer of Warranties and Limitation of Liabilities. 10.1 Except as expressly set forth in this Agreement, this license and the associated Patent Rights and Licensed Products are provided by The Regents WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE REGENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT USE OR COMMERCIALIZATION OF THE PATENT RIGHTS OR LICENSED PRODUCTS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. This Agreement does not express or imply (a) a warranty or representation as to the validity, enforceability, or scope of any Patent Rights; (b) a warranty or representation that anything made, used, sold, offered for sale, imported or otherwise exploited under any license granted in this Agreement is or will be free from infringement of patents, copyrights, or other rights of third parties; (c) an obligation on behalf of The Regents to bring or prosecute actions or suits against third parties for patent infringement; (d) by implication, estoppel or otherwise, any grant of any license or other rights under any patents or other rights of The Regents other than Patent Rights, regardless of whether such patents or other rights are dominant or subordinate to Patent Rights; or (e) any obligation for The Regents to furnish (i) any advancements, developments, or other improvements to the Patent Rights which are not entitled to the priority dates of Patent Rights, or (ii) any know-how, technology or information not provided in the Patent Rights.
10.2 THE REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF THE REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY THE REGENTS’ INVENTORS TO THIRD PARTIES.
Disclaimer of Warranties and Limitation of Liabilities a. The SW, as well as all UNA products, are offered and licensed on a “AS IS” basis. UNA makes no warranties, either express or implied, regarding the SW licensed hereunder including, without limitation, warranties with respect to the SW or any computer upon which the SW is deployed, installed, or used.
b. Purchase or use of the SW does not imply understanding of automotive tuning and UNA shall not be held liable for any damage to any part of any vehicle the Licensee may tune or perform any work or task on.
c. In no event shall UNA be liable for indirect, incidental, special, or consequential damages relating to this agreement or the SW whether under a theory of contract, warranty, tort (including negligence) or otherwise even if UNA has been made aware of the possibility of such damages. Licensee acknowledges that this allocation of risks is part of the bargain of this agreement.
