Disclaimer of Warranties and Limitation of Liability. a. Each of the parties acknowledges and understands that the OrbView Systems are new, untested systems that entail a high degree of risk of (i) delay in or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performance, and that there can be no assurance that the OrbView Systems will be an economically viable system even if successfully deployed. Each party shall bear all responsibility, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall not be liable to Licensee for costs or damages caused by any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein. (i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE. (ii) neither ORBIMAGE nor the Licensee shall be liable to the other for any indirect, incidental, or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above. c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims. d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement. e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installation, integration, operation, maintenance or repair of DITOS.
Appears in 2 contracts
Samples: Distributor License Agreement (Orbimage Inc), Distributor License Agreement (Orbimage Inc)
Disclaimer of Warranties and Limitation of Liability. a. Each Except for certain products and services specifically identified as being offered by MSFN, MSFN does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be deemed offensive. Subscriber agrees that MSFN has no control over and accepts no responsibility for such materials. Subscriber assumes full responsibility and risk for use of the parties acknowledges Services and understands the Internet and is solely responsible for evaluating the accuracy, completeness, usefulness, and appropriateness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or the Internet. The Services are provided on an “as-is” and “as-available” basis. MSFN makes no warranty, express or implied, that the OrbView Systems are newServices will be uninterrupted, untested systems that entail a high degree error-free, or free of risk viruses or other harmful components. MSFN make no warranty express or implied, including but not limited to, warranties of (i) delay in or cancellation of deployment and (ii) launch vehicletitle, satellite and other equipment or software failure or impaired performancenon-infringement, merchantability, and that there can be no assurance that fitness for a particular purpose regarding any merchandise, information or service provided through MSFN or the OrbView Systems will be an economically viable system even if successfully deployedInternet . Each party No advice or information given by MSFN or its representatives shall bear all responsibility, risk create a warranty of any kind whatsoever. MSFN and cost associated with developing and maintaining its respective business and ORBIMAGE shall principals or employees are not be liable to Licensee for any costs or damages caused by any schedule delays arising directly or failure indirectly from Subscriber’s use of the OrbView Systems or any component thereofInternet, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages damages. MSFN shall not be liable for any failure of or delay in connection with this Agreementperformance due to circumstances beyond its reasonable control, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, includingwhich may include, without limitation, Acts of God, fires, earthquakes, floods, power or technical failure, acts of any governmental body, labor disputes, changes in law, regulation or government policy, riots, war, epidemics, acts or omissions of vendors or suppliers, equipment failures or transportation difficulties. MSFN assumes no liability related for performance degradation due to radio-frequency (RF) interference. MSFN assumes no liability for loss of data, revenue or arising out other circumstances resulting from delays, non-deliveries or Service interruptions. MSFN shall not be held responsible for any damages that may occur to any other equipment or property, or any other consequential or incidental damages of the installationany kind, integrationwhether based on contact, operation, maintenance negligence or repair of DITOSstrict liability.
Appears in 2 contracts
Samples: Internet Service Agreement, Internet Service Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each Except for certain products and services specifically identified as being offered by SBT Internet. SBT Internet does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. SBT Internet has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the parties acknowledges services and understands the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet. The services are provided on an “as is” and “as available” basis. SBT Internet, does not warrant that the OrbView Systems are newservices will be uninterrupted, untested systems that entail a high degree error-free, or free of risk viruses or other harmful components. SBT Internet, makes no express warranties and waives all implied warranties including, but not limited to, warranties of (i) delay in or cancellation of deployment and (ii) launch vehicletitle, satellite and other equipment or software failure or impaired performancenon-infringement, merchantability, and that there can be no assurance that fitness for a particular purpose regarding any merchandise, information or service provided through SBT Internet, or the OrbView Systems will be an economically viable system even if successfully deployedInternet generally. Each party No advice or information given by SBT Internet, or its representatives shall bear all responsibilitycreate a Warranty. SBT Internet, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall employees are not be liable to Licensee for any costs or damages caused by any schedule delays arising directly or failure indirectly from your use of the OrbView Systems services or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for Internet including any indirect, incidental, exemplary, multiple, special, punitive, consequential damages, or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunderoccurrences beyond your reasonable control, including, without limitation, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation or requirement of any government or legal body or representative thereof, labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers. The Providers liability related for damages in regards to extraordinary and unreasonable interruptions of Service, or arising out of for mistakes, omissions, delays, errors and defects in the installationService, integrationshall in no event exceed the pro rata charges to the user for the period during which the Service was affected. Your sole and exclusive remedy, operationfor all other liabilities, maintenance or repair of DITOSis to discontinue using the Services and, if you are a Member, to terminate your account. Cancellation without thirty (30) days written notice may result in additional charges.
Appears in 2 contracts
Samples: Internet Service Agreement, Internet Service Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each of the parties acknowledges and understands that the OrbView Systems are new, untested systems that entail 6.01 Nothing contained in this Agreement shall be construed as a high degree of risk of warranty or representation by DIGITAL as to:
(i) delay in the validity or cancellation scope of deployment and DIGITAL'S INTELLECTUAL PROPERTY RIGHTS;
(ii) launch vehiclethe quality or accuracy of the LICENSED TECHNOLOGY;
(iii) the usefulness of the LICENSED TECHNOLOGY;
(iv) a requirement that DIGITAL shall file any patent application, satellite secure any patent, or maintain any patent in force;
(v) an obligation to bring or prosecute actions or suits against third parties for infringement;
(vi) a grant by implication, estoppel, or otherwise, of any of DIGITAL'S INTELLECTUAL PROPERTY RIGHTS beyond those covered by the LICENSED TECHNOLOGY; and,
(vii) a grant by implication, estoppel, or otherwise, of the right to sublicense the LICENSED TECHNOLOGY and all products derived from LICENSED TECHNOLOGY.
6.02 The LICENSED TECHNOLOGY is provided by DIGITAL on an "AS IS" basis and without warranty or representation of the quality, characteristics or functionality of the LICENSED TECHNOLOGY including but not limited to whether it is error-free or will operate in accordance with the performance requirements of MOSAIC or any of its licensees or transferees. The Licensed Technology is the same technology as Digital has offered or has planned to offer commercially. DIGITAL HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.03 DIGITAL makes no warranty or representation that any making, using, licensing or other equipment or software failure or impaired performancedisposition of MOSAIC PRODUCT(S) by MOSAIC will be free from infringement of any intellectual property rights owned by any third party, and DIGITAL shall have no obligation to defend, indemnify, or hold harmless MOSAIC from any suit, action or claim alleging infringement of any third party's property rights. DIGITAL represents that there can it is not aware of any claim of intellectual property infringement against the LICENSED TECHNOLOGY.
6.04 In no event shall DIGITAL be no assurance that liable to MOSAIC or its distributors or end users for any lost data, lost profits, incidental, consequential, special, or indirect damages arising from the OrbView Systems will use of the LICENSED TECHNOLOGY. DIGITAL's total liability arising out of the licensing of the LICENSED TECHNOLOGY for breach of this Agreement or for any other claim shall not exceed in total the amount of payments paid by MOSAIC under this Agreement. This limitation of liability shall apply regardless of the form of action, whether in contract or tort. Any action against DIGITAL must be an economically viable system even if successfully deployed. Each party shall bear all responsibilitybrought within eighteen (18) months after such cause of action arises, risk and cost associated with developing and maintaining its respective business and ORBIMAGE or MOSAIC first becomes aware of such cause of action.
6.05 MOSAIC shall not be liable to Licensee DIGITAL for costs or damages caused by any schedule delays or failure breach of the OrbView Systems terms of any END USER AGREEMENT unless MOSAIC has willfully or any component thereofnegligently contributed to, except as specifically provided hereinor cooperated in the breach.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor 6.06 MOSAIC shall fully cooperate with DIGITAL in any action DIGITAL may bring or defend involving any third party alleged to have breached the Licensee shall be liable to the other for any indirect, incidental, or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installation, integration, operation, maintenance or repair of DITOS.terms
Appears in 1 contract
Samples: License Agreement (Intelect Communications Systems LTD)
Disclaimer of Warranties and Limitation of Liability. a. Each An End-User is aware and agrees that use of the parties acknowledges GAMES/PIXEL Services is at his/her sole risk. PIXEL does not hold legal responsibility over the End-User's Accounts , their loss or deletion. It is your (End-User´s) responsibility not to lose, destroy, or damage GAMES/PIXEL Services once downloaded/installed. Without limiting PIXEL’s liability stated in this section below, the GAMES/PIXEL Services are provided on an “AS IS” and understands “AS AVAILABLE” basis for your use, without warranties of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. PIXEL and any of its contractors or licensors shall not be held liable for any incidental, indirect, special, consequential or any other damages arising out of or in any way related to the accessability, use or inability to use the GAMES/PIXEL Services at the times or locations of your choosing. PIXEL does not warrant that the OrbView Systems are new, untested systems PIXEL Services will be uninterrupted or error- free; that entail a high degree of risk of (i) delay in defects will be corrected; or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performance, and that there can be no assurance that the OrbView Systems will be an economically viable system even if successfully deployedGAME or the PIXEL Services are free of viruses or other harmful components. Each party shall bear all responsibility, risk and cost associated with developing and maintaining its respective business and ORBIMAGE PIXEL shall not be liable to Licensee for costs or damages caused by any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other you for any indirect, incidental, consequentional, special, punitive or consequential damages other similar damages, including but not limited to loss of revenues, loss of profits, loss of data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in connection any way to this XXXX or the PIXEL Services itself, whether based on contract, tort or any other legal theory, and whether or not PIXEL has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that PIXEL may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of PIXEL’s liability shall be the minimum permitted under such applicable law. In particular, nothing in this XXXX shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of PIXEL. PIXEL shall not be liable (and you as an End-User agrees to that) to you as an End-User for specific damage for more than the amount you have paid to PIXEL in accordance with this AgreementXXXX in the six (6) months immediately preceding the date on which you first assert a claim of compensation for this specific damage. You acknowledge and agree that if you have not paid anything to PIXEL during such time period, your sole remedy (and PIXEL’s exclusive liability) for any dispute with PIXEL is to stop using the PIXEL Services and to cancel your Account. You agree to indemnify, defend and hold PIXEL harmless from any claim, demand, damages or other losses, including loss of usereasonable attorneys’ fees, revenue or profit. Any liability of one asserted by any third-party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to resulting from or arising out of your use of the installationPIXEL Services, integrationor any breach of this XXXX by you, operationhowever the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. PIXEL will use its best efforts to investigate any reported bugs in GAMES/PIXEL Services as soon as is practical and to repair such bug or create a workaround (PIXEL may delay repairing bugs with limited impact until the next planned update); but nothing else. In addition no liability exists if the cause of damage is beyond the control of PIXEL (force majeure). The GAMES/PIXEL Services communicates via the internet with a server under control of PIXEL to provide the complete service. PIXEL uses its best efforts to have this server available at all times, maintenance but makes no guarantees in this regard. From time to time PIXEL can make updates to the server, which may lead to a temporary unavailability. PIXEL will do its best to inform you in advance about unavailability of the server. Everything in this document regarding updates, support and liability applies equally to the server. You acknowledge that because some aspects of the GAMES/PIXEL Services and administration of the usage rules of the GAMES/PIXEL Services entails the ongoing involvement of PIXEL, if PIXEL changes any part of or repair discontinues the PIXEL Services, which PIXEL may do at its election, you may not be able to use GAMES/PIXEL Services to the same extent as prior to such change or discontinuation, PIXEL shall have no liability to you in such case. In the event of DITOSany failure of the GAMES/PIXEL Services to conform to any applicable warranty (warranty mentioned above in this XXXX /”Disclaimer of Warranties”/ or warranty according to applicable law), the End-User may notify Application Platform and Application Platform will refund the purchase price for the App to that End-User. No PIXEL´s liability exists for damages directly or indirectly resulting from incorrect functioning of Application Platforms and/or SNS. Application Platform will have no other warranty obligation (except the warranty/liability mentioned above in this XXXX) whatsoever with respect to the GAMES/PIXEL Services to the maximum extent permitted by applicable law, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under the observance of terms of this section – “Disclaimer of Warranties and Limitation of Liability” stated in this XXXX will be PIXEL´s sole responsibility. This XXXX enters into force at the moment you start use of the Apps/GAMES/PIXEL Services (at the moment of acceptance of the terms of this XXXX by you as an End-User by one of the several manners mentioned above) and remains in force until terminated. End-User may terminate this XXXX at any time by deleting his/her (End-User’s) Account. PIXEL may (reserves right to) terminate or suspend the End-User´ Account at any time for conduct which is deemed to be a violation or breach of the terms of this XXXX at PIXEL's sole discretion. PIXEL reserves the right to terminate or suspend inactive Accounts without prior notice and PIXEL is not liable for any losses arising from such termination or suspension. If PIXEL terminates or suspends End-User´s Account, End-User will have no further access to his/ her (End-User’s) Account or to anything associated to it. Termination of this XXXX is without prejudice to a claim for damages resulting from breach of this XXXX, to the provisions related to warranties/guarantees (limitation of warranties/guarantees) and to limitation of liability (limitation of damages) or to other provisions of this XXXX which under the manifested will of the parties or by their/its nature should continue even after termination of the XXXX This XXXX terminates automatically and immediately in case you (as an End-User) enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up. After termination of the XXXX (regardless of reason) you must cease all use of Apps/GAMES/ PIXEL Services. In addition you must remove all copies of Apps/GAMES/PIXEL Services from all computer systems or any other devices under your control. Slovak law applies to this end-user license agreement, i.e. this XXXX shall be governed by Slovak legal order.
Appears in 1 contract
Disclaimer of Warranties and Limitation of Liability. a. Each CLIENT understands and agrees that the use of the parties acknowledges Licensed Materials is at their own risk and understands that CLIENT will be solely responsible for any damage to their computer systems that may result from their use or downloads of the Licensed Materials. CLIENT agrees that the OrbView Systems are newservice is provided on an “As Is” and “As Available” basis, untested systems except as otherwise provided in this Agreement. CLIENT acknowledges that entail SEVANTA shall have no liability to CLIENT or any third party for any modification, suspension, discontinuance or termination of the service or any part thereof. SEVANTA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a high degree particular purpose and non-infringement. SEVANTA makes no warranties that the service will meet CLIENT’S requirements, or that the service will always be timely, accurate, uninterrupted or secure. No advice or information, whether oral or written, obtained by CLIENT from the Licensed Materials shall create any warranty not expressly made herein. CLIENT is liable for the quality and validity of risk of (i) delay in or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performancethe data utilized by CLIENT, and SEVANTA expressly disclaims any warranty related thereto. CLIENT may not rely on any information or advice, without further research. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply. Except in jurisdictions where such provisions are restricted, CLIENT agrees that there can be no assurance that SEVANTA’S entire liability to CLIENT or any third party and CLIENT’S or Third Person’s exclusive remedy, in law, in equity, or otherwise, with respect to the OrbView Systems will be an economically viable system even if successfully deployedservices provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount CLIENT paid for such services during the Term of such breach. Each party shall bear all responsibilityExcept in jurisdictions where such provisions are restricted, risk SEVANTA, and cost associated with developing and maintaining its respective business and ORBIMAGE affiliates, employees, consultants, shall not be liable to Licensee for costs or damages caused by any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for any indirect, incidental, special or consequential damages in connection with this Agreementeven if SEVANTA has been advised of the possibility of such damage being asserted. To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein, including loss of use, revenue or profit. Any SEVANTA’s liability of one party to the other for direct damages shall be is limited to the amounts set forth maximum extent permitted by law in Section 7.d. abovesuch jurisdiction.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installation, integration, operation, maintenance or repair of DITOS.
Appears in 1 contract
Samples: Subscription Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each In addition to the disclaimer of warranties and limitation of liability contained in your service agreement, the following disclaimer of warranties and limitation of liability apply:
A. You assume full responsibility and risk for use of the parties acknowledges service and understands that the OrbView Systems Internet and are newsolely responsible for evaluating the accuracy, untested systems that entail a high degree completeness, and usefulness of risk of (i) delay in or cancellation of deployment and (ii) launch vehicleall services, satellite products, and other equipment or software failure or impaired performanceinformation, and the quality and merchantability of all merchandise provided through the service or the Internet.
B. The service is provided on an "as is" and "as available" basis. Vertix Networks does not warrant that there can be no assurance that any of the OrbView Systems products will be an economically viable system even if successfully deployeduninterrupted, error-free, or free of viruses or other harmful components. Each party Vertix Networks makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information, or service provided through the products or the Internet generally. No advice or information given by Vertix Networks or its representatives shall bear all responsibility, risk create a warranty. Vertix Networks and cost associated with developing its agents and maintaining its respective business and ORBIMAGE shall employees are not be liable to Licensee for any costs or damages caused by any schedule delays arising directly or failure indirectly from your use of the OrbView Systems products or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages in connection with this Agreementdamages. In any event, including Vertix Networks' cumulative liability to any member for any and all claims relating to the use of any of the products shall not exceed the total amount of service fees paid during a one-month period. Except to the extent that such disclaimers are expressly prohibited by law, Vertix Networks disclaims any and all loss, damage or liability arising out of or relating to your use of the products, including, but not limited to, any loss, damage or liability relating to:
(a) loss or corruption of data;
(b) loss of useor damage to software or hardware;
(c) access delays or access interruptions;
(d) computer viruses;
(e) non-delivery or mis-delivery of data;
(f) the negligent acts and/or omissions of Vertix Networks or Vertix Networks members;
(g) any defects, revenue failures, errors, omissions, or profit. Any misstatements in any and all information, goods, or services obtained on or through the Internet service; and
(h) loss or liability of one party to the other for direct damages shall be resulting from acts beyond Vertix Networks' control.
C. Your rights and Vertix Networks' responsibilities are limited to the amounts set forth warranties that are expressed in Section 7.d. above.
c. Licensee shall ensure these written terms and conditions that all of its Authorized Customers agree have been established by Vertix Networks to govern the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance use of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this AgreementService.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installation, integration, operation, maintenance or repair of DITOS.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranties and Limitation of Liability. a. Each Except for certain products and services specifically identified as being offered by MSFN, MSFNdoes not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be deemed offensive. Subscriber agrees that MSFN has no control over and accepts no responsibility for such materials. Subscriber assumes full responsibility and risk for use of the parties acknowledges Services and understands the Internet and is solely responsible for evaluating the accuracy, completeness, usefulness, and appropriateness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or the Internet. The Services are provided on an “as-is” and “as-available” basis. MSFN makes no warranty, express or implied, that the OrbView Systems are newServices will be uninterrupted, untested systems that entail a high degree error-free, or free of risk viruses or other harmful components. MSFN make no warranty express or implied,, including but not limited to, warranties of (i) delay in or cancellation of deployment and (ii) launch vehicletitle, satellite and other equipment or software failure or impaired performancenon-infringement, merchantability, and that there can be no assurance that fitness for a particular purpose regarding any merchandise, information or service provided through MSFN or the OrbView Systems will be an economically viable system even if successfully deployedInternet . Each party No advice or information given by MSFN or its representatives shall bear all responsibility, risk create a warranty of any kind whatsoever. MSFN and cost associated with developing and maintaining its respective business and ORBIMAGE shall principals or employees are not be liable to Licensee for any costs or damages caused by any schedule delays arising directly or failure indirectly from Subscriber’s use of the OrbView Systems or any component thereofInternet, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages damages. MSFN shall not be liable for any failure of or delay in connection with this Agreementperformance due to circumstances beyond its reasonable control, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, includingwhich may include, without limitation, Acts of God, fires, earthquakes, floods, power or technical failure, acts of any governmental body, labor disputes, changes in law, regulation or government policy, riots, war, epidemics, acts or omissions of vendors or suppliers, equipment failures or transportation difficulties. MSFN assumes no liability related for performance degradation due to radio-frequency (RF) interference. MSFN assumes no liability for loss of data, revenue or arising out other circumstances resulting from delays, non-deliveries or Service interruptions. MSFN shall not be held responsible for any damages that may occur to any other equipment or property, or any other consequential or incidental damages of the installationany kind, integrationwhether based on contact, operation, maintenance negligence or repair of DITOSstrict liability.
Appears in 1 contract
Samples: Internet Service Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each CBSI does not warrant and therefore is not responsible for the conduct, whether online or offline, of any and all users of e-SCRA and the parties acknowledges Materials. Furthermore, CBSI is not involved in any transaction between any such users and understands third parties. e-SCRA, the Materials and third party links contained in the Website have been provided for general information purposes only and should not be construed as legal advice. It is expressly understood that the OrbView Systems transmission and/or receipt of any information contained in e-SCRA and the Materials shall not create an attorney-client relationship between CBSI and yourself. You shall not act or rely on any information contained in e- SCRA and the Materials without prior consultation with a lawyer or professional. CBSI has made reasonable and diligent efforts to ensure that the information contained in e-SCRA and the Materials are newcomplete, untested systems that entail a high degree of risk of (i) delay in correct and current. However, said information may contain insignificant or cancellation of deployment and (ii) launch vehiclenegligible inaccuracies or typographical errors. CBSI is hereby authorized to make revisions, satellite modifications, improvements and other equipment changes in the Website and any information contained in e-SCRA and the Materials at any time without prior notice. You expressly agree that your use of e-SCRA and the Materials is at your sole risk. As such, CBSI disclaims any liability with regard to its use and any actions resulting from your or software failure any third party's participation therein. You hereby agree to release CBSI, its parent company (insert name), its service partners, agents, employees, consultants, stockholders, officers and directors from all claims, demands and damages, whether actual or impaired performanceconsequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in connection with the use of e-SCRA and the Materials. Neither CBSI, its parent company (insert name), its subsidiaries or affiliates and any of their respective officers, directors, shareholders, employees, agents and assigns, and third party content providers or licensors warrant that there can be no assurance that the OrbView Systems access to e- SCRA will be uninterrupted or that any and all information contained therein and in the Materials will be error-free, nor do they make any warranty as to the results that may be obtained from your use of e-SCRA, or as to the quality or accuracy of any information provided through the same.
e- SCRA is provided on an economically viable system even if successfully deployed"as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Each party shall bear all responsibilityIn no event will CBSI or any person or entity involved in creating, risk producing or distributing the information contained in e-SCRA and cost associated with developing and maintaining its respective business and ORBIMAGE shall not the Materials be liable to Licensee for costs or damages caused by under any schedule delays or failure source of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other obligation for any damages, including without limitation direct, indirect, incidental, special, punitive, consequential or consequential damages in connection with this Agreementsimilar damages, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installationuse of or inability to use the service. Furthermore, integrationin no event shall CBSI's total liability to you for all damages, operationlosses and causes of action under any source of obligation exceed the amount you have paid, maintenance if any, for access to and use of e-SCRA and the Materials. The foregoing disclaimer of liability applies to any damages or repair injury caused by any failure of DITOSperformance or error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of e-SCRA and the Materials, under any source of obligation, even if CBSI has been advised of the possibility of said damages or injury. You hereby acknowledge that CBSI is not liable for any defamatory, offensive, obscene or illegal conduct of other users or third parties or any infringement of a third party's rights.
Appears in 1 contract
Samples: User Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each Mage Math includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Common Core 4 Kids, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the parties acknowledges foregoing, CommonCore4Kids, Epic, and understands Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Mage Math Software, (2) that the OrbView Systems Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are newor will be in compliance with a platform manufacturer’s rules or requirements, untested systems or (6) that entail a high degree platform manufacturer has approved or will approve this Mage Math, or will not revoke approval of risk this Mage Math for any or no reason. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. Any warranty against infringement that may be provided in Section 2-312 of (i) delay the Uniform Commercial Code or in or cancellation of deployment any other comparable statute is expressly disclaimed by CommonCore4Kids and (ii) launch vehicleEpic. CommonCore4Kids, satellite and other equipment or software failure or impaired performanceEpic, and that there can be no assurance that Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the OrbView Systems Epic Materials. This paragraph will be an economically viable system even if successfully deployedapply to the maximum extent permitted by applicable law. Each party shall bear all responsibilityTo the maximum extent permitted by applicable law, risk and cost associated with developing and maintaining neither CommonCore4Kids, Epic, Epic’s licensors, nor its respective business and ORBIMAGE shall not be liable to Licensee for costs or damages caused by their affiliates, nor any schedule delays of CommonCore4Kids or failure of the OrbView Systems or any component thereofEpic’s service providers, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the other for any indirect, incidental, Epic Materials or consequential damages otherwise in connection with this Agreement, including but not limited to loss of usegoodwill, revenue work stoppage, computer failure, or profitmalfunction, or any and all other commercial damages or losses. Any In no event will CommonCore4Kids, Epic, Epic’s licensors, nor its or their affiliates, nor any of CommonCore4Kids or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of CommonCore4Kids, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if CommonCore4Kids, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of one party to the other for direct damages CommonCore4Kids, Epic, Epic’s licensors, its and their affiliates, and any of CommonCore4Kids' or Epic’s service providers shall be limited to the amounts set forth in Section 7.d. abovefull extent permitted by law.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or arising out of the installation, integration, operation, maintenance or repair of DITOS.
Appears in 1 contract
Samples: End User License Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each You agree that your use of the parties acknowledges Lafayette Process Servers services and understands information on the web site is at your own and sole risk. All services are provided on an as is and as available basis. Lafayette Process Servers disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of xxxxxxx-like effort, or lack of negligence. Lafayette Process Servers assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. Lafayette Process Servers does not guarantee continuous, uninterrupted or secure access to Xxxxxxxxx-xxxxxxx-xxxxxxx.xxx or Lafayette- xxxxxxx-xxxxxxx.xxx services or that the OrbView Systems defects in its website will be corrected. You are new, untested systems that entail a high degree responsible for implementing sufficient procedures to satisfy your particular requirements for protection of risk your system and/or accuracy of (i) delay in or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performancedata, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that there can be no assurance that the OrbView Systems will be an economically viable system even if successfully deployed. Each party shall bear all responsibilityLafayette Process Servers and its parent corporations, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall subsidiaries, partners, employees, agents, affiliates, subcontractors, and/or consultants do not be liable to Licensee for costs make any warranties or damages caused by undertake any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for any indirect, incidental, or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, includingduties regarding, without limitation, the following: (i) Infringement of title or quiet enjoyment; (ii) Functionality, including functionality of search or retrieval software; (iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness of services; (viii) Uninterrupted, secure, error or virus-free service or storage; and (ix) Adequacy of fees paid to local governments. You agree that your sole remedy for any liability related to breach of this Agreement by Lafayette Process Servers or arising out any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of Lafayette Process Servers, be the following: (i) correction of any Service causing you damage; or (ii) refund of the installation, integration, operation, maintenance or repair amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of DITOSliability shall apply even if any remedy of its essential purpose fails.
Appears in 1 contract
Samples: Services Agreement
Disclaimer of Warranties and Limitation of Liability. a. Each The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Neither we nor our directors, employees, agents, licensors or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the parties acknowledges content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and understands warranties are not legally excludable. You agree that the OrbView Systems are newin no event will Livestream or its directors, untested systems that entail a high degree of risk of (i) delay in employees, agents, licensors or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performance, and that there can be no assurance that the OrbView Systems will be an economically viable system even if successfully deployed. Each party shall bear all responsibility, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall not suppliers be liable to Licensee for costs or damages caused by any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other you for any special, indirect, incidental, consequential, punitive, reliance, or consequential exemplary damages in connection with this Agreement(including without limitation lost business opportunities, including lost revenues, or loss of use, revenue anticipated profits or profit. Any liability any other pecuniary or non-pecuniary loss or damage of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to or nature whatsoever) arising out of or relating to: these Terms; the installationWebsite; or your use or inability to use the Website or any Services. In no event will Livestream or any of its contractors, integrationemployees, operationagents, maintenance third party partners, licensors or repair suppliers' total liability to you for all damages, liabilities, losses, and causes of DITOSaction arising out of or relating to: these Terms; the Website; your use or inability to use the Website or any Services; or any other interactions with Livestream, howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or Website. In no event will Livestream or any of its directors, contractors, employees, agents, third-party partners, licensors or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed. Livestream does not warrant that the access or usage of the Website or Services will be uninterrupted, timely, secure, or error-free. Livestream does not warrant that the results that may be obtained from the use of the Website or Services will be accurate or reliable. You agree that no claims or action arising out of, or related to, the use of the Website, Services or these Terms may be brought by you more than one year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you. USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
Appears in 1 contract
Samples: Terms of Service
Disclaimer of Warranties and Limitation of Liability. a. Each of 3.1 The site is provided "as is." neither the parties acknowledges and understands that the OrbView Systems are new, untested systems that entail a high degree of risk of (i) delay in or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performance, and that there can be no assurance that the OrbView Systems will be an economically viable system even if successfully deployed. Each party shall bear all responsibility, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall not be liable to Licensee for costs or damages caused by chamber nor any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for any indirect, incidental, or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver licensors or suppliers make any warranty, guarantee or representation of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, kind (including, without limitation, that access to, or use of, the site will be uninterrupted, complete, accurate or error free). in addition, the accuracy, completeness, or timeliness of the information itself is not warranted or guaranteed. your use of the services and the information accessed on or through the site is entirely at your own risk and it is your sole responsibility to evaluate accuracy and completeness and the Chamber and its licensors and suppliers hereby expressly disclaim all express and implied warranties, including without limitation, any liability related implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
3.2 You understand that AmCham does not guarantee that it will continue to make the site available to you, whether by the same methods currently used or otherwise. AmCham may discontinue providing the site to you at any time. You agree not to hold AmCham liable for any damages arising from a discontinuation or modification of all or part of the site.
3.3 To the maximum extent permitted by law, in no event and under no legal theory (contract, warranty, tort or otherwise) will AmCham or its licensors or suppliers be liable for any direct, indirect, special, incidental, punitive, exemplary, consequential or other damages incurred by you and in any way arising out of or related in any way to these terms and conditions (including, without limitation, your use of, or inability to use, the installationsite or any damages you may incur in connection with any decision made, integrationaction, operationor inaction, maintenance taken by you or repair any other party, in reliance upon the information or for the reliability, accuracy, completeness or timeliness thereof, or for any delays or errors in the transmission or delivery of DITOSany part of the information or services), even if advised of such damages. In addition to and without limiting the foregoing, the chamber shall not be liable for any harm caused by the transmission, through the site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranties and Limitation of Liability. a. Each Youmna Fine Jewellery has made this service available to use as a matter of convenience. Youmna Fine Jewellery expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the parties acknowledges images available under this service in an obscene, vulgar or pornographic manner. Youmna Fine Jewellery also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and understands fitness for a particular purpose. Youmna Fine Jewellery does not warrant that the OrbView Systems this site, its servers, or e‐mail sent from Youmna Fine Jewellery are new, untested systems that entail a high degree free of risk of (i) delay in viruses or cancellation of deployment and (ii) launch vehicle, satellite and other equipment or software failure or impaired performance, and that there can be no assurance that the OrbView Systems harmful components. Youmna Fine Jewellery will be an economically viable system even if successfully deployed. Each party shall bear all responsibility, risk and cost associated with developing and maintaining its respective business and ORBIMAGE shall not be liable to Licensee for costs or damages caused by any schedule delays or failure of the OrbView Systems or any component thereof, except as specifically provided herein.
(i) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8 HEREIN, ORBIMAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED BY ORBIMAGE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT IS NOT CONTAINED IN SECTION 8 OF THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ORBIMAGE.
(ii) neither ORBIMAGE nor the Licensee shall be liable to the other for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The Service(s) of Youmna Fine Jewellery is provided on an "as is" basis without warranties of any kind, whether express or implied. Youmna Fine Jewellery does not represent or warrant maintaining the confidentiality of information; although Youmna Fine Jewellery’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the User. Youmna Fine Jewellery does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication. Youmna Fine Jewellery will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non‐deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User agrees and acknowledges that User shall be solely responsible for User's conduct and that Youmna Fine Jewellery reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Hong‐ Kong cyber laws or any other allied laws enacted by the government of Hong‐Kong or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Youmna Fine Jewellery, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages in connection with this Agreement, including loss of use, revenue or profit. Any liability of one party to the other for direct any damages shall be limited to the amounts set forth in Section 7.d. above.
c. Licensee shall ensure that all of its Authorized Customers agree to the foregoing waiver of rights and claims.
d. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the performance of the OrbView-2 System, OrbView-2 imagery or hardware contemplated to be provided under this Agreement.
e. Notwithstanding anything herein to the contrary, under no circumstances shall ORBIMAGE have any liability to Licensee whatsoever relative to the DITOS provided by ORBIMAGE to Licensee hereunder, including, without limitation, any liability related to damages for loss of use, data or profits, arising out of or in any way connected with the installationuse or performance of the Youmna Fine Jewellery sites/services for interrupted communications, integrationdelay, operationlost data or lost profits arising out of or in connection with this agreement. Youmna Fine Jewellery therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, maintenance loss or repair harm, direct or consequential or any violation of DITOSlocal or international laws that may be incurred by your visit and/or transaction/s on these sites. Youmna Fine Jewellery shall not be liable for any delay / non‐delivery of purchased goods by the vendors, trade organizations, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Youmna Fine Jewellery. Notwithstanding anything contained herein, where Youmna Fine Jewellery acts only as booking agent/platform to facilitate / integrate transactions between the buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS. etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Youmna Fine Jewellery, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms. All prices, unless indicated otherwise, are in Hong‐Kong dollars. The availability of products is subject to change without prior notice at the sole discretion of Youmna Fine Jewellery and orders can be cancelled if the product goes out of stock. Youmna Fine Jewellery reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. Youmna Fine Jewellery reserves the right to refuse or cancel any order placed for a product that is listed on the website as “indicative price” or “indicative availability” or any other term expressing absence of guarantee to the User or expressing the need for second confirmation by Youmna Fine Jewellery. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Youmna Fine Jewellery the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque. In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Youmna Fine Jewellery will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the burden to 'prove otherwise' shall be exclusively on the User. Any request for cancellation of orders once duly placed on the site, shall not be entertained. In the event that a non‐delivery occurs due to your own mistake (e.g. wrong name or address), any extra cost incurred by Youmna Fine Jewellery for re‐delivery shall be claimed from the User placing the order. All products are duly screened and assured by the Youmna Fine Jewellery/vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Youmna Fine Jewellery on behalf of itself/the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Youmna Fine Jewellery is on behalf of itself/the vendor/merchant/affiliate/manufacturer and is as provided to Youmna Fine Jewellery. Youmna Fine Jewellery does not take any responsibility for any incorrect or error in the display/showcase of such information. Youmna Fine Jewellery and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
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Samples: Terms & Conditions