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

Disclaimer of Warranties; Limitation of Liability. 6.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 Although care has been used in accuracy, completeness, or functioning thereof, the APA assumes no responsibility for the Licensee's use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 In no event may the Licensee or Authorized Users bring any action arising out of the License more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees paid by the Licensee under the License Agreement (whether in contract or in tort, including negligence and strict liability).

Disclaimer of Warranties; Limitation of Liability. 6.1 5.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 5.2 Although care has been used in the accuracy, completeness, or functioning thereofof the Licensed Materials, the APA assumes no responsibility for the Licensee's 's, Member Sites’ or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 5.3 In no event may the Licensee Licensee, its Member Sites or Authorized Users bring any action arising out of the License Agreement more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees fees paid by the Licensee and/or its Member Sites under the this License Agreement (whether in contract or in tort, including negligence and strict liability).

Disclaimer of Warranties; Limitation of Liability. 6.1 5.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 5.2 Although care has been used in the accuracy, completeness, or functioning thereofof the Licensed Materials, the APA assumes no responsibility for the Licensee's or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 5.3 In no event may the Licensee or Authorized Users bring any action arising out of the License Agreement more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees paid by the Licensee under the License Agreement (whether in contract or in tort, including negligence and strict liability).three

Disclaimer of Warranties; Limitation of Liability. 6.1 5.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 5.2 Although care has been used in the accuracy, completeness, or functioning thereofof the Licensed Materials, the APA assumes no responsibility for the Licensee's or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 5.3 In no event may the Licensee or Authorized Users bring any action arising out of the License Agreement more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees fees paid by the Licensee under the this License Agreement (whether in contract or in tort, including negligence and strict liability).

Disclaimer of Warranties; Limitation of Liability. 6.1 5.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNON‐INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREEERROR‐FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 5.2 Although care has been used in the accuracy, completeness, or functioning thereofof the Licensed Materials, the APA assumes no responsibility for the Licensee's or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 5.3 In no event may the Licensee or Authorized Users bring any action arising out of the License Agreement more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees paid by the Licensee under the License Agreement (whether in contract or in tort, including negligence and strict liability).three

Disclaimer of Warranties; Limitation of Liability. 6.1 5.1 THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTNON‐INFRINGEMENT. THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREEERROR‐FREE. 6.2 No computer software is delivered as a part of this License Agreement and the License Agreement is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License Agreement. 6.3 5.2 Although care has been used in the accuracy, completeness, or functioning thereofof the Licensed Materials, the APA assumes no responsibility for the Licensee's 's, Member Sites’ or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 6.4 5.3 In no event may the Licensee Licensee, its Member Sites or Authorized Users bring any action arising out of the License Agreement more than three (3) years after the claim or cause of action arises. The APA shall in no event be liable for more than the Fees fees paid by the Licensee and/or its Member Sites under the this License Agreement (whether in contract or in tort, including negligence and strict liability).