Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.
Appears in 4 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” ”, without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, them individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or and/or electronic data compilation.
Appears in 4 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s 's goods and services provided pursuant to this Agreement are provided “"as is,” ", without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s 's exclusive remedy and the County’s 's entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases 's databases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
(1) the Subscriber’s 's inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; orand
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s 's rights hereunder or use of, or inability to use, the County’s data bases 's database and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber User for any claim(s) relating in any way to any data base databases and, or electronic data compilation.
Appears in 3 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” ”, without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases databases and, or electronic data compilations, which are made against them, them individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to:
(1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or databases and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or database and/or electronic data compilation.
Appears in 3 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, including but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s databases or data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote database access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, databases or electronic data compilationsdata, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, database or electronic data compilationdata.
Appears in 3 contracts
Samples: Online Software Subscriber Agreement, Software Subscriber Agreement, Software Subscriber Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
(1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.or
Appears in 2 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if anyan, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or to negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
(1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or
or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s 's goods and services provided pursuant to this Agreement are provided “"as is,” ", without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s 's exclusive remedy and the County’s 's entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases 's databases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to:
(1) the Subscriber’s 's inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; orand
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s 's rights hereunder or use of, or inability to use, the County’s data bases 's database and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber User for any claim(s) relating in any way to any data base databases and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, including but not limited to, to the warranties of performance, merchantability and fitness for a the particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or and/or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(sclaim (s) relating in any way to
(1) the Subscriber’s inability or failure to perform legal, professional, professional or other research or related work or to perform such work properly or completely, even if assisted by the County; or
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder hereunder, or use of, or inability to use, use the County’s data bases and, or and/or electronic data compilations, even if the County has has
(3) been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or database and/or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The County’s entire liability hereunder and the Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any shall be limited to claim(s) for damages relating to substantial defects which impairs the CountySubscriber’s use of the data bases base and, or electronic data compilations, which are made against them, individually, or jointlyfor the purpose stated herein, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative right to the period of occurrence of the events which are the basis of the claim(s)terminate this agreement; provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
(1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; orif
(2) any Any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(sclaim (s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(sclaim (s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to
(1) the Subscribersubscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; orwork
(2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement