Common use of Disclaimer of Warranties and Remedies Clause in Contracts

Disclaimer of Warranties and Remedies. 9.1 TO the MAXUMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU IN CONNECTION WITH THE SOFTWARE OR THIS XXXX AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NUANCE NOR ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NUANCE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX. 9.3 In Australia, if the Australian Consumer Law applies to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.

Disclaimer of Warranties and Remedies. 9.1 LESSOR WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LESSOR’S SOLE RESPONSIBILITY, AND LESSEE’S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT ITS OPTION, TO the MAXUMUM EXTENT PERMITTED EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY APPLICABLE LAWLESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE LIMITED WARRANTY THAT APPEARS ABOVE FOREGOING IS THE ONLY EXPRESS EXCLUSIVE AND ENTIRE WARRANTY MADE TO YOU GIVEN IN CONNECTION WITH THE SOFTWARE OR THIS XXXX EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN “AS IS” CONDITION. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. LESSOR MAKES NO OTHER WARRANTY AND IS PROVIDED IN LIEU OF EXPRESSLY DISCLAIMS ANY OTHER AND ALL EXPRESS AND IMPLIED WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT AS TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEQUIPMENT, NEITHER NUANCE NOR INCLUDING ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE FOR ANY DELAYS, SATISFACTORY QUALITYWORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE WARRANTIES ARISING OUT POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE AND/OR REPAIR OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NUANCE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREEEQUIPMENT, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTSANY LOSS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS DAMAGE OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXXINJURY RESULTING THEREFROM. 9.3 In Australia, if the Australian Consumer Law applies to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.

Disclaimer of Warranties and Remedies. 9.1 TO the MAXUMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU IN CONNECTION WITH THE SOFTWARE OR THIS XXXX AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NUANCE NOR ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NUANCE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX. 9.3 In Australia, if the Australian Consumer Law applies to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.

Disclaimer of Warranties and Remedies. 9.1 LESSOR WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LESSOR’S SOLE RESPONSIBILITY, AND XXXXXX’S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT ITS OPTION, TO the MAXUMUM EXTENT PERMITTED EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY APPLICABLE LAWLESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE LIMITED WARRANTY THAT APPEARS ABOVE FOREGOING IS THE ONLY EXPRESS EXCLUSIVE AND ENTIRE WARRANTY MADE TO YOU GIVEN IN CONNECTION WITH THE SOFTWARE OR THIS XXXX EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN “AS IS” CONDITION. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. XXXXXX MAKES NO OTHER WARRANTY AND IS PROVIDED IN LIEU OF EXPRESSLY DISCLAIMS ANY OTHER AND ALL EXPRESS AND IMPLIED WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT AS TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEQUIPMENT, NEITHER NUANCE NOR INCLUDING ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE FOR ANY DELAYS, SATISFACTORY QUALITYWORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NUANCE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARETRANSPORT, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTEDOPERATION, SECURE OR ERROR-FREECONTROL, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX. 9.3 In Australia, if the Australian Consumer Law applies to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.MAINTENANCE

Disclaimer of Warranties and Remedies. 9.1 LESSOR WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LESSOR’S SOLE RESPONSIBILITY, AND XXXXXX’S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT ITS OPTION, TO the MAXUMUM EXTENT PERMITTED EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY APPLICABLE LAWLESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE LIMITED WARRANTY THAT APPEARS ABOVE FOREGOING IS THE ONLY EXPRESS EXCLUSIVE AND ENTIRE WARRANTY MADE TO YOU GIVEN IN CONNECTION WITH THE SOFTWARE OR THIS XXXX EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN “AS IS” CONDITION. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. XXXXXX MAKES NO OTHER WARRANTY AND IS PROVIDED IN LIEU OF EXPRESSLY DISCLAIMS ANY OTHER AND ALL EXPRESS AND IMPLIED WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT AS TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEQUIPMENT, NEITHER NUANCE NOR INCLUDING ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXX, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE FOR ANY DELAYS, SATISFACTORY QUALITYWORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE WARRANTIES ARISING OUT POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE AND/OR REPAIR OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. NUANCE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREEEQUIPMENT, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTSANY LOSS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS DAMAGE OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWARE, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE PURSUANT TO THIS XXXXINJURY RESULTING THEREFROM. 9.3 In Australia, if the Australian Consumer Law applies to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.

Disclaimer of Warranties and Remedies. 9.1 TO the THE MAXUMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU IN CONNECTION WITH THE SOFTWARE PRODUCT OR THIS XXXX AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. 9.2 SUBJECT TO THE AUSTRALIAN CONSUMER LAW IF APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NUANCE KOFAX NOR ANY OF ITS SUPPLIERS, AUTHORIZED RESELLERS OR LICENSORS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWAREPRODUCT, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE OR ANY OTHER MATERIALS PROVIDED BY NUANCE KOFAX PURSUANT TO THIS XXXX, AND NUANCE KOFAX HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, AND NON-NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, OR QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT POSSESSION WITH REGARD TO THE SOFTWAREPRODUCT. NUANCE KOFAX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU FOR USE, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ALL SOFTWARE PRODUCT ERRORS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWAREPRODUCT. YOU ALSO ASSUME THE ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWAREPRODUCT. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER OBLIGATIONS OR PERFORMANCE LIABILITIES ARISING OUT OF OR IN CONJUNCTION WITH THE PROVIDING OF THE SOFTWAREPRODUCT, ANY TECHNICAL INFORMATION, ANY TECHNICAL ASSISTANCE AND ANY OTHER MATERIALS PROVIDED BY NUANCE KOFAX PURSUANT TO THIS XXXX. 9.3 In If the Product is sold to a consumer in Australia, if then the Australian Consumer Law applies may apply to this transaction: (a) Nuance goods and services come the guarantees that can not be excluded under the Australian Consumer Law. Nothing in this Agreement purports to modify or exclude the conditions, warranties and undertaking and any other legal rights under the Competition and Consumer Xxx 0000 (Cth) and any other applicable law, except as permitted by that law; (b) If goods and services purchased are not of a kind ordinarily acquired for household use or consumption then, subject to law, Nuance limits is liability to: (i) for goods: (A) a replacement of the goods or the supply of equivalent goods; or (B) the cost of replacing the goods or acquiring equivalent goods; or (C) repair of the goods; or (D) the cost of having the goods repaired; and (ii) for services: (A) supplying the services again; or (B) payment of the cost of having this service supplied again, unless it is unreasonable to do so; (c) Goods presented for repair (other than software) maybe replaced by refurbished goods of the same type rather than being repaired. Refurnished parts may be used to repair the goods; (d) Where Nuance elects to repair goods, this repair may result in loss of user-generated data; and. (e) Nuance’s Australian Consumer Law Policy applies visit the website, xxxxxxxxx.xxxxxx.xxx for this policy.