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

Disclaimer of Warranties and Limitations of Liability. Unless otherwise explicitly agreed to in writing by Battle Axe, Battle Axe makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product. Battle Axe makes no warranty that the Software Product will meet your requirements or operate your specific conditions of use. Battle Axe makes no warranty that operation of the Software Product will be secure, , or free of interruption. You must determine whether the Software Product sufficiently meets your requirements for security and uninterruptablity. You bear sole responsibility and all liability for any loss incurred due to a failure of the Software Product to meet your requirements. Battle Axe will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall Battle Axe, its directors, officers, employees or agents be liable to you or any other party for indirect consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of Battle Axe or any other party, even if Battle Axe is advised beforehand of the possibility of such damage. To the extent that the applicable jurisdictions limit Battle Axe’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Disclaimer of Warranties and Limitations of Liability. Unless otherwise explicitly agreed to in writing by Battle Axe, Battle Axe makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product. Battle Axe makes no warranty that the Software Product will meet your requirements or operate your specific conditions of use. Battle Axe makes no warranty that operation of the Software Product will be secure, error-free, or free of interruption. You must determine whether the Software Product sufficiently meets your requirements for security and uninterruptablity. You bear sole responsibility and all liability for any loss incurred due to a failure of the Software Product to meet your requirements. Battle Axe will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall Battle Axe, its directors, officers, employees or agents be liable to you or any other party for indirect consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of Battle Axe or any other party, even if Battle Axe is advised beforehand of the possibility of such damage. To the extent that the applicable jurisdictions limit Battle Axe’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.