Common use of Disclaimer of Warranties and Limitation of Liability Clause in Contracts

Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS)SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS XXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS DATASETS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE XXXX XX LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS)SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties and Limitation of Liability. EXCEPT TO THE LICENSEE AGREES THAT EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMEDPURPOSE, IN CONNECTION WITH THE SYSTEM SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. THE REGENTS MAKES NO REPRESENTATION WE DO NOT AND CANNOT WARRANT THAT SYSTEM WILL OPERATE WITHOUT ERRORS OR WARRANTY THAT THE SOFTWARE ANY OR ALL SYSTEM SERVICES WILL BE AVAILABLE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTOPERATIONAL AT ALL TIMES. YOU AGREE IN NO EVENT SHALL THE REGENTS BANK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT UNDER OR BY REASON OF SUBSTITUTE GOODS ANY SERVICES OR SERVICES; PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO SYSTEM INCLUDING LOSS OF USEPROFITS, DATAREVENUE, DATA OR PROFITS; USE BY YOU OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITYTHIRD PARTY, WHETHER IN CONTRACT, STRICT LIABILITY, AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING BASED ON A WARRANTY. FURTHER, IN ANY WAY OUT NO EVENT SHALL THE LIABILITY OF BANK AND ITS AFFILIATES EXCEED THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS), EVEN IF ADVISED OF AMOUNTS PAID BY YOU FOR THE POSSIBILITY OF SUCH DAMAGESERVICES PROVIDED TO YOU THROUGH SYSTEM.

Disclaimer of Warranties and Limitation of Liability. EXCEPT FOR THE LICENSEE AGREES THAT ------------------------------------------------------- EXPRESS WARRANTIES STATED IN THIS AGREEMENT OR IN ANY END USERS PRE-PACKAGED LICENSE AGREEMENT WHICH IS A COMPONENT OF THE GATEWAY PRODUCTS, GATEWAY (ON ITS BEHALF AND ON BEHALF OF THE LICENSORS OF THE PROGRAMS) DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE PROGRAMS, INCLUDING ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. WITH RESPECT TO DEFECTS IN THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT DISKETTE OR OTHER PROPRIETARY RIGHTPHYSICAL MEDIA AND DOCUMENTATION, OPERATION OF THE PROGRAMS AND ANY PARTICULAR APPLICATION OR USE OF THE PROGRAMS, AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT WAY SHALL THE REGENTS GATEWAY (OR ITS LICENSORS) BE LIABLE FOR ANY DIRECTLOSS OF PROFIT, REVENUE OR GOODWILL OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, EXEMPLARYPUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.OTHER DAMAGES. Gateway Confidential SECTION X: TERM

Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS)SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.. 10/20/22, 3:34 PM UCSF Chimenrda Nwonit-Choomumt ewrcaiailvSionftgwasroevLeicreenisge nAgirmeemmeunnt ity