Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 10 contracts

Samples: License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

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Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" GEOTRUST EXPRESSLY DISCLAIMS AND WITH ALL FAULTS AND DEFECTS WITHOUT MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, EITHER IN FACT OR OTHERWISEBY OPERATION OF LAW, WITH RESPECT TO THE APPLICATIONSERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEPURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND NON-INFRINGEMENTALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCE, USAGE, DEALING OR TRADE PRACTICE. WITHOUT LIMITATION OTHERWISE ARE HEREBY EXCLUDED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, FULLEST EXTENT PERMITTED BY LAW. GEOTRUST FURTHER DISCLAIMS AND MAKES NO REPRESENTATION REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSINFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEPUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR WORK THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH ANY OTHER SOFTWARETHE CERTIFICATES IS ACCURATE, APPLICATIONSAUTHENTIC, SYSTEMS, COMPLETE OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOURELIABLE.

Appears in 8 contracts

Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 7 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 5 contracts

Samples: Feedlink End User License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. TO THE APPLICATION FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (A) THE SERVICE IS PROVIDED TO END USER "YOU “AS IS" AND ,” WITH ALL FAULTS AND DEFECTS FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCE OR GURANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU; (B) VIASAT DOES NOT MAKE AND HEREBY DISCLAIMS, COMPANYANY AND ALL EXPRESS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL IMPLIED OR STAUTORY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF (IF ANY) ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, ; AND MAKES NO REPRESENTATION OF ANY KIND (C) VIASAT DOES NOT WARRANT THAT THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT OPERATION OF THE SERVICE WILL BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, THAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR SERVICE, THAT ANY ERRORS OR DEFECTS CAN OR IN THE SERVICE WILL BE CORRECTED, THAT THE INFORMATION CONTAINED IN THE SERVICE IS TRUE AND ACCURATE, OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF NO ORAL OR LIMITATIONS ON IMPLIED WARRANTIES WRITTEN ADVICE PROVIDED BY VIASAT OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY.

Appears in 5 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimer of Warranties. THE APPLICATION IS The LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs AND SOFTWARE ARE PROVIDED TO END USER "AS AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VERISIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PRODUCT, TITLESUPPORTED PROTOCOL, AND NON-INFRINGEMENTEPP, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEAPIs OR SOFTWARE WILL MEET REGISTRAR'S REQUIREMENTS, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OPERATION OF THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS DEFECTS IN THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR DEFECTS CAN OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO FURTHERMORE, VERISIGN DOES NOT ALLOW WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RESULTS OF THE ABOVE EXCLUSIONS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE PROVE DEFECTIVE, REGISTRAR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF REGISTRAR'S OWN SYSTEMS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 5 contracts

Samples: Registry Registrar Agreement, Registry Registrar Agreement, Escrow Agreement (Verisign Inc/Ca)

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN ARTICLE 7.1, THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED TO END USER ON AN "AS IS" AND WITH ALL FAULTS AND DEFECTS BASIS, WITHOUT WARRANTY ANY EXPRESS OR IMPLIED GUARANTEE OF ANY KIND. TYPE, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAWLAWS, COMPANYNEITHER RCDEVS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL HIS LICENSE PROVIDERS NOR COPYRIGHT HOLDERS PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION. RCDEVS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYTITLE, ACCURACY OF DATA, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, . NO GUARANTEE FROM RCDEVS OR ANY OTHER PARTY EXISTS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY WITH THE LICENSEE’S REQUIREMENTS OR THAT THE SOFTWARE OPERATION WILL BE SMOOTH AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT FREE OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEERRORS, OR TRADE PRACTICECOMPATIBLE WITH PRE-EXISTING EQUIPMENT OR SOFTWARE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, LICENSEE ASSUMES FULL LIABILITY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RISK FOR SELECTION OF THE ABOVE EXCLUSIONS SOFTWARE TO ACHIEVE RESULTS INTENDED BY HIM AND LIMITATIONS FOR THE INSTALLATION, USE AND RESULTS THAT HE WILL ACHIEVE WITH THE SOFTWARE. THE LICENSEE ACKNOWLEDGES AND AGREES THAT AS SET OUT IN CLAUSES 2 ABOVE, INSTALLATION OF THE SOFTWARE MAY NOT APPLY TO YOUAFFECT THE OPERATION OF THE EQUIPMENT ON WHICH IT IS INSTALLED.

Appears in 5 contracts

Samples: Software License Agreement, Enterprise Perpetual Software License Agreement, Rcdevs Spankey Enterprise Perpetual Software License Agreement

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY THE LESSOR TO END USER THE LESSEE HEREUNDER ON AN "AS IS" BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESS, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, OTHERWISE WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLEREGARDLESS OF ANY NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES. LESSEE SHALL INDEMNIFY, DEFEND AND NON-INFRINGEMENTHOLD LESSOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGACTIONS, COURSE OF PERFORMANCESUITS, USAGEPROCEEDINGS, INJURIES (OR TRADE PRACTICE. DEATH), DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY LESSEE'S LEASE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL POSSESSION OF THE ABOVE EXCLUSIONS AIRCRAFT DURING THE TERM AND LIMITATIONS MAY NOT APPLY TO YOUSUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 4 contracts

Samples: Non Exclusive Aircraft Lease Agreement (Carlyle Group Inc.), Exclusive Aircraft Lease Agreement (Carlyle Group L.P.), Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.)

Disclaimer of Warranties. THE APPLICATION IS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs AND SOFTWARE ARE PROVIDED TO END USER "AS AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VERISIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PRODUCT, TITLESUPPORTED PROTOCOL, AND NON-INFRINGEMENTEPP, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEAPIs OR SOFTWARE WILL MEET REGISTRAR'S REQUIREMENTS, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OPERATION OF THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS DEFECTS IN THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR DEFECTS CAN OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO FURTHERMORE, VERISIGN DOES NOT ALLOW WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RESULTS OF THE ABOVE EXCLUSIONS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE PROVE DEFECTIVE, REGISTRAR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF REGISTRAR'S OWN SYSTEMS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 4 contracts

Samples: Registry Agreement (Verisign Inc/Ca), Registry Agreement, Registry Registrar Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13.1 ABOVE, THE APPLICATION IS EXASOL MATERIALS, OPEN SOURCE SOFTWARE, THIRD PARTY CONTENT, MAINTENANCE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY EXASOL SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES EXASOL MAKES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SOFTWARE OR DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR OTHER PERSONS’ REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ACHIEVE ANY PERFORMANCE INTENDED RESULT, BE COMPATIBLE OR RELIABILITY STANDARDSWORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE ERRORSECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-FREE, PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION WARRANTY OF OR LIMITATIONS ON IMPLIED WARRANTIES CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD- PARTY OWNER OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS DISTRIBUTOR OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SUCH OPEN SOURCE COMPONENTS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD-PARTY MATERIALS.

Appears in 4 contracts

Samples: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement

Disclaimer of Warranties. NOTWITHSTANDING ANY PROVISION OF THE APPLICATION ORDER FORM TO THE CONTRARY, THE SERVICE IS SUBSCRIBED AND USED BY AND PROVIDED TO END USER "CUSTOMER “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT FAULTS. NEITHER SERTIFI, NOR ANY OWNER, MEMBER, MANAGER, EMPLOYEE, AGENT AND/OR PROVIDER OF THE SERVICE, MAKES ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWKIND WHATSOEVER, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYIN CONNECTION WITH THE SERVICE, OR OTHERWISETHE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE, WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SERTIFI FURTHER DISCLAIMS ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICENOT EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITATION TO SERTIFI DOES NOT WARRANT THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, SERVICE OR THAT ANY OR ALL ERRORS OR DEFECTS CAN OR IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO SERTIFI DOES NOT ALLOW WARRANT THAT INFORMATION, DATA OR DOCUMENTS WILL NOT BE LOST, TAMPERED WITH OR DELETED. NO OBLIGATION, WARRANTY, REPRESENTATION OR COURSE OF DEALINGS STANDARD SHALL ARISE OUT OF SERTIFI PROVIDING OR NOT PROVIDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSERVICE. IN FURTHERANCE HEREOF AND WITHOUT LIMITATION, SO SOME OR ALL USE OF THE ABOVE EXCLUSIONS SERVICE AND LIMITATIONS MAY NOT APPLY TO YOUTHE HARDWARE AND SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE IS AT CUSTOMER’S SOLE RISK.

Appears in 4 contracts

Samples: Amadeus Hospitality Subscription Agreement, Amadeus Hospitality Subscription Agreement, Amadeus Hospitality Subscription Agreement

Disclaimer of Warranties. THE APPLICATION ASSIGNMENT AND XXXX OF SALE EXECUTED PURSUANT HERETO SHALL BE EXECUTED WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY. THE PERSONAL PROPERTY IS PROVIDED BEING CONVEYED TO END USER AND ASSIGNED TO AND ACCEPTED BY THE BUYER IN THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWKIND OR NATURE, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISEINCLUDING BUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, CONDITION AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLEALL OF WHICH ARE EXPRESSLY DISCLAIMED. IT IS UNDERSTOOD AND AGREED THAT BUYER HAS INSPECTED THE PERSONAL PROPERTY AND SATISFIED ITSELF AS TO THEIR PHYSICAL CONDITION AND THAT BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" STATE OF REPAIR AND NON-INFRINGEMENTWITH ALL FAULTS AND DEFECTS. IN ADDITION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND SELLER MAKES NO REPRESENTATION REPRESENTATION, COVENANT OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, CONCERNING THE QUALITY OR QUANTITY OF ANY KIND THAT HYDROCARBONS OR THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, ABILITY OF THE INTERESTS TO PRODUCE HYDROCARBONS OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN THE PRICES WHICH BUYER IS OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY ENTITLED TO YOURECEIVE FOR ANY SUCH HYDROCARBONS.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Arena Resources Inc), Purchase and Sale Agreement (Arena Resources Inc), Purchase and Sale Agreement (Arena Resources Inc)

Disclaimer of Warranties. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY RESULTS OF ANY KIND. TO RESEARCH OR DEVELOPMENT CONTEMPLATED BY THIS AGREEMENT OIR THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWEXISTING AG AGREEMENT, COMPANYANY INVENTIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYCOMPOUNDS, OR OTHERWISEPRODUCT, TANGIBLE OR INTANGIBLE, CONCEIVED, DISCOVERED OR DEVELOPED UNDER THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO VDCS, CDCS, PRIMARY ROYALTY PRODUCTS, OR LEGACY ROYALTY PRODUCTS), THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESULTS OF SUCH RESEARCH AND DEVELOPMENT OR ANY COMPOUND OR PRODUCT (INCLUDING BUT NOT LIMITED TO VDCS, CDCS, PRIMARY ROYALTY PRODUCTS, OR LEGACY ROYALTY PRODUCTS), OR ANY WARRANTY THAT THE MANUFACTURE, USE, SALE, OR IMPORT OF ANY VDC, CDC, PRIMARY ROYALTY PRODUCT, OR LEGACY ROYALTY PRODUCT WILL NOT INFRINGE, VIOLATE, OR MISAPPROPRIATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. EACH PARTY ACKNOWLEDGES THAT, WITHOUT LIMITATION OF THE PARTY’S CONTRACTUAL OBLIGATIONS HEREUNDER, THE RESEARCH AND DEVELOPMENT CONTEMPLATED BY THIS AGREEMENT IS EXPERIMENTAL IN NATURE AND THAT NEITHER PARTY HAS ANY OBLIGATION, AND HAS MADE NO WARRANTY, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OUTCOME OR RESULTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUCH RESEARCH AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDEVELOPMENT.

Appears in 4 contracts

Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 4 contracts

Samples: Fortuna Mobile Application End User License Agreement, User License Agreement, Fortuna Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" IS “ AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: User License Agreement, Web Application End User License Agreement, User License Agreement

Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE APPLICATION IS PRECEDING SECTION, ALL DEVICES AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS FAULTS” AND DEFECTS WITHOUT WARRANTY ANY WARRANTY. EACH OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY ROAMBEE ENTITIES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLEOF ACCURACY, AND NON-INFRINGEMENTOF SYSTEM INTEGRATION OR COMPATIBILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEWORKMANLIKE EFFORT, OR TRADE PRACTICEOF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION TO THE FOREGOINGLIMITATION, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGANY WARRANTY, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEDUTY, OR WORK WITH CONDITION THAT: THE DEVICES OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY OTHER SOFTWAREPARTICULAR TIME, APPLICATIONSSECURE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, VIRUS-FREE, OR CORRESPOND TO ANY CONDITION; THAT ANY ERRORS MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS CAN OR WILL BE CORRECTED; OR THAT THE DEVICES OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS, AND INFORMATION THAT IS IN OR UTILIZED BY THE DEVICES AND/OR SERVICES WILL BE FREE OF HARMFUL ASPECTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ALSO, THERE IS NO WARRANTY OF TITLE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDEVICES OR SERVICES OR AGAINST INFRINGEMENT.

Appears in 3 contracts

Samples: Roambee Customer Agreement, Roambee Customer Agreement, Roambee Customer Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED EXPRESS LIMITED WARRANTY IN SECTION 8.1, TO END USER "THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GITKRAKEN PROVIDES THE SOFTWARE TO YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OR IN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYGITKRAKEN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY GITKRAKEN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: Mobile Application End User License Agreement (RealyInvest NNN, LLC), License Agreement, www.mymommyis.com

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION LIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANYGUARDIAN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE AND SUPPORT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY GUARDIAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOTHER OBLIGATIONS AND LIABILITIES, OR OTHERWISE, WITH RESPECT TO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APPLICATIONSOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SATISFACTORY QUALITY OR INTEGRATION. YOU ASSUME ALL FAULTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGTHE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, COURSE OF PERFORMANCEAND FOR THE INSTALLATION OF, USAGEUSE OF, OR TRADE PRACTICEAND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITATION TO LIMITING THE FOREGOINGFOREGOING PROVISIONS, COMPANY PROVIDES NO WARRANTY GUARDIAN DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND GUARANTEE THAT THE APPLICATION WILL SOFTWARE SHALL OPERATE UNINTERRUPTED OR THAT IT SHALL BE FREE FROM DEFECTS OR OTHER FAILURES OR THAT IT SHALL MEET ANY OR ALL YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, WHETHER OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY DISCLOSED TO YOUGUARDIAN.

Appears in 3 contracts

Samples: Guardian End User License Agreement, Guardian End User License Agreement, Guardian End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" WARRANTIES, IF ANY, SET FORTH IN THE SCHEDULES ARE IN LIEU OF, AND WITH ALL FAULTS MRI, ITS LICENSORS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY, CONDITION OR OTHERWISEOTHER TERM THAT ANY SOFTWARE, WITH RESPECT TO THE APPLICATIONSAAS SERVICE, INCLUDING CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SATISFACTORY QUALITY, OR THE USE OF REASONABLE SKILL AND WARRANTIES CARE; (iii) ANY WARRANTY, CONDITION OR OTHER TERM THAT MAY ARISE OUT OF CONTENT AND/OR THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE. NO ADVICE, USAGESTATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR TRADE PRACTICEEMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. WITHOUT LIMITATION ALTHOUGH CERTAIN OF THE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY SUFFICIENCY OR UNDERTAKINGACCURACY OF THE SOFTWARE AND CONTENT IN THIS REGARD. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SOFTWARE AND LIMITATIONS CONTENT MAY NOT APPLY BE UPDATED TO YOUREFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" GEOTRUST AND WITH ALL FAULTS PARTNER EXPRESSLY DISCLAIM AND DEFECTS WITHOUT MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, EITHER IN FACT OR OTHERWISEBY OPERATION OF LAW, WITH RESPECT TO THE APPLICATIONSERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEPURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND NON-INFRINGEMENTALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCEDEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR TRADE PRACTICE. WITHOUT LIMITATION TO (C) THAT THE FOREGOINGINFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, COMPANY PROVIDES NO WARRANTY PUBLISHED OR UNDERTAKINGOTHERWISE DISSEMINATED BY GEOTRUST, AND MAKES NO REPRESENTATION OR THE RESULTS OF ANY KIND THAT CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE APPLICATION WILL MEET YOUR REQUIREMENTSCERTIFICATES IS ACCURATE, ACHIEVE ANY INTENDED RESULTSAUTHENTIC, BE COMPATIBLE, COMPLETE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOURELIABLE.

Appears in 3 contracts

Samples: Subscriber Agreement, Enterprise SSL Premium Subscriber Agreement, True Businessid Subscriber Agreement

Disclaimer of Warranties. THE APPLICATION IS THIS SERVICE AND ITS CONTENT ARE PROVIDED TO END USER ON AN "AS IS," AND WITH ALL FAULTS AND DEFECTS "AS AVAILABLE" BASIS, WITHOUT WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR USE OF OR INABILITY TO USE THIS SERVICE AND ITS CONTENT ARE AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AFFILIATES, AND ON BEHALF EACH OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS SERVICE AND ITS CONTENT. WITHOUT LIMITING THE APPLICATIONGENERALITY OF THE FOREGOING, INCLUDING LICENSOR, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED WARRANTIES OR STATUTORY, (A) OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF ; (B) ARISING FROM A COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SERVICE; (D) THAT THE CONTENT OF THIS SERVICE PROVIDED THROUGH THIS SERVICE, USAGEIS ACCURATE, COMPLETE, CURRENT, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, RELIABLE FOR ANY PURPOSE AND MAKES NO REPRESENTATION OF ANY KIND (E) THAT THE APPLICATION THIS SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE INTERRUPTION OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION LIMITATION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCERTAIN WARRANTIES, SO SOME ALL OR ALL PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: www.porkcdn.com, www.porkcdn.com, www.porkcdn.com

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES COUNTY MAKES NO WARRANTY OR UNDERTAKINGREPRESENTATION, AND MAKES NO EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE PROJECT OR ANY PART THEREOF, OR AS TO THE FITNESS FOR ANY PARTICULAR USE OF THE PROJECT OR ANY PART THEREOF OR AS TO THE FITNESS OF THE PROJECT FOR THE USE CONTEMPLATED BY THE DISTRICT OR ANY PART THEREOF, OR ANY OTHER REPRESENTATION OF ANY KIND OR WARRANTY WITH RESPECT THERETO. THE DISTRICT ACKNOWLEDGES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSCOUNTY IS NOT A CONTRACTOR OF THE PROJECT, ACHIEVE ANY INTENDED RESULTSTHAT THE DISTRICT PURCHASES THE PROJECT “AS-IS”, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR IT BEING AGREED THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY AFOREMENTIONED RISKS ARE TO YOUBE BORNE BY THE DISTRICT. IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE ACQUISITION, CONSTRUCTION, EXISTENCE, FURNISHING, FUNCTIONING OF THE PROJECT OR THE DISTRICT’S USE OF ANY ITEM OR PRODUCTS OR SERVICES PROVIDED FOR IN THIS AGREEMENT. THE DISTRICT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE PROJECT FOR ITS INTENDED USE.

Appears in 2 contracts

Samples: Installment Sale Agreement, Installment Sale Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPLICITLY PROVIDED TO END USER "AS IS" HEREIN, GTAR AND WITH MLS Tech EXPRESSLY AND SPECIFICALLY DISCLAIMS AND REJECTS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWACCURACY, COMPANYRELIABILITY, ON ITS OWN BEHALF AND ON BEHALF COMPLETENESS AND/OR TIMELINESS OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYTHE MLS DATABASES OR THE MLS CONTENT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MLS Tech CANNOT AND MAKES NO REPRESENTATION OF ANY KIND DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, MLS DATABASES OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR THE CONTENT WILL BE CORRECTEDAVAILABLE AT ALL TIMES OR ON A CONSISTENT BASIS. SOME JURISDICTIONS DO NOT ALLOW Limitation of Liability. IN NO EVENT WILL MLS Tech OR GTAR BE LIABLE TO USER OR CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST DATA OR LOST PROFITS) ARISING OUT OF USER'S ACCESS TO OR USE OF THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES MLS DATABASES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMLS CONTENT, SO SOME EVEN IF MLS Tech AND/OR ALL GTAR HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. NORES'S LIABILITY TO YOU.USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WILL BE STRICTLY LIMITED TO THE FEES THAT HAVE ACTUALLY BEEN PAID BY USER TO MLS Tech DURING THE SIX

Appears in 2 contracts

Samples: Data Access and License Agreement, Data Access and License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER BY ANY APPLICABLE LAW, COMPANYAQUANTY GIVES NO CONDITION, WARRANTY, UNDERTAKING OR REPRESENTATION, IMPLIED OR OTHERWISE, IN RESPECT OF THE SERVICES, ALL OF WHICH ARE PROVIDED ON ITS OWN BEHALF AN “AS IS” AND ON BEHALF “AS AVAILABLE” BASIS. AQUANTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR SUITABILITY OF ITS AFFILIATES ANY OF THE SERVICES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICES. CUSTOMER WAIVES, RELEASES AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSOBLIGATIONS AND LIABILITIES OF AQUANTY AND ALL OTHER REMEDIES, RIGHTS AND CLAIMS AGAINST AQUANTY, EXPRESS OR IMPLIED, STATUTORYARISING BY LAW, STATUTE OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICES (INCLUDING, INCLUDING ALL IMPLIED WARRANTIES BUT NOT LIMITED TO THE RESULTS OF MERCHANTABILITYANY SUPPORT SERVICES) OR OTHERWISE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES, AND ANY OTHER ITEMS SUBJECT TO, OR RELATED OR ASSOCIATED WITH, THIS AGREEMENT, INCLUDING, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, ; ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, USAGECOURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGCLAIM IN TORT, COMPANY PROVIDES NO WARRANTY DESPITE ANY FAULT, NEGLIGENCE, OMISSION OR UNDERTAKINGSTRICT LIABILITY OF AQUANTY (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSOBLIGATION, ACHIEVE ANY INTENDED RESULTSLIABILITY, BE COMPATIBLEREMEDY, RIGHT OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCLAIM FOR INFRINGEMENT.

Appears in 2 contracts

Samples: Maintenance and Support Terms and Conditions, Terms and Conditions

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, EACH PARTY (AS “DISCLAIMING PARTY”) DISCLAIMS AND THE APPLICATION IS PROVIDED OTHER PARTY HEREBY WAIVES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE WITH REGARD TO END USER "AS IS" THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DISCLAIMING PARTY DISCLAIMS (A) ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SCOPE, COVERAGE, VALIDITY OR ENFORCEABILITY OF ANY OF THE LICENSED PATENT RIGHTS, LICENSOR IMPROVEMENT PATENTS AND LICENSEE IMPROVEMENT PATENTS; AND (B) ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH ALL FAULTS REGARD TO ANY PRODUCT LICENSED TO THE OTHER PARTY (INCLUDING,, BUT NOT LIMITED TO, ANY INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE). FURTHER, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND DISCLAIMING PARTY MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PATENT RIGHTS, LICENSOR IMPROVEMENT PATENTS OR LICENSEE IMPROVEMENT PATENTS CAN BE USED FOR ANY PARTICULAR PURPOSE, THAT THE EXERCISE OF THE LICENSE WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS RIGHT OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREETHIRD PARTY, OR THAT THE OTHER PARTY CAN SUCCESSFULLY MAKE, HAVE MADE, OFFER FOR SALE, SELL OR USE ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCT LICENSED BY SUCH PARTY.

Appears in 2 contracts

Samples: Patent License Agreement (Regent Technologies Inc), Patent License Agreement (Regent Technologies Inc)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXCEPT AS IS" AND WITH ALL FAULTS AND DEFECTS OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, HARBOUR MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, HARBOUR MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, EXPRESS OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, CONDUCT OR TRADE CUSTOM OR USAGE, AND HARBOUR DISCLAIMS ALL SUCH EXPRESS OR TRADE PRACTICEIMPLIED WARRANTIES. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES HARBOUR MAKES NO WARRANTY OR UNDERTAKINGREPRESENTATION AS TO THE VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT OR HARBOUR MATERIAL SHALL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. FURTHER, HARBOUR HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, PATENT RIGHTS OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUHARBOUR MATERIALS ARE SUITABLE FOR COMPANY’S PURPOSES.

Appears in 2 contracts

Samples: Exclusive License Agreement (Surface Oncology, Inc.), Exclusive License Agreement (Surface Oncology, Inc.)

Disclaimer of Warranties. YOUR PARTICIPATION IN AND/OR USE OF THE APPLICATION IS FITNESS SERVICES ARE AT YOUR OWN RISK. THE FITNESS SERVICES ARE PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, RELIABILITY OR QUALITY OF THE FITNESS SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE FITNESS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FITNESS SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE PROVIDED BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY THE COMPANY HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, CANNOT BE EXCLUDED OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE LIMITED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Appears in 2 contracts

Samples: Waiver and Release of Claims, Waiver and Release of Claims

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" WARRANTIES, IF ANY, SET FORTH IN THE SCHEDULES ARE IN LIEU OF, AND WITH ALL FAULTS MRI, ITS LICENSORS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, CONDITIONS OR OTHER TERM EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY, CONDITION OR OTHERWISEOTHER TERM THAT ANY SOFTWARE, WITH RESPECT TO THE APPLICATIONSAAS SERVICE, INCLUDING CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SATISFACTORY QUALITY, OR THE USE OF REASONABLE SKILL AND WARRANTIES CARE; (iii) ANY WARRANTY, CONDITION OR OTHER TERM THAT MAY ARISE OUT OF CONTENT AND/OR THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERM ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE. NO ADVICE, USAGESTATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR TRADE PRACTICEEMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. WITHOUT LIMITATION ALTHOUGH CERTAIN OF THE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY SUFFICIENCY OR UNDERTAKINGACCURACY OF THE SOFTWARE AND CONTENT IN THIS REGARD. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SOFTWARE AND LIMITATIONS CONTENT MAY NOT APPLY BE UPDATED TO YOUREFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE APPLICATION IS PROVIDED DEED TO END USER "AS IS" BE FILED OF RECORD IN THE REGISTRY OF PROPERTY OF PUERTO RICO, THE SELLER HEREBY DISCLAIMS ALL CONDITIONS, OTHER WARRANTIES AND WITH ALL FAULTS AND DEFECTS STATEMENTS IN RESPECT OF THE ACQUIRED ASSETS, WHETHER EXPRESS OR IMPLIED, BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY SUCH CONDITION, WARRANTY OF ANY KIND. OR STATEMENT RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWDESCRIPTION OR QUALITY OF THE ACQUIRED ASSETS, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, THEIR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, TITLE, WARRANTY OR STATEMENT IS HEREBY DISCLAIMED BY THE SELLER AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEEXCLUDED. IN NO EVENT SHALL THE SELLER OR THE PURCHASER BE LIABLE UNDER OR WITH RESPECT TO THIS AGREEMENT, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY (INCLUDING ALL RELATED AGREEMENTS), COMPANY PROVIDES NO WARRANTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR UNDERTAKING, AND MAKES NO REPRESENTATION PUNITIVE DAMAGES OF ANY KIND KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DUE TO BREACH OF WARRANTY, TORT, OR BREACH OR REPUDIATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, OR ANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY (INCLUDING ALL RELATED AGREEMENTS); PROVIDED, HOWEVER, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK FOREGOING SHALL NOT LIMIT EITHER PARTY'S LIABILITY IN CONNECTION WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS INDEMNITY OBLIGATIONS FOR THIRD PARTY CLAIMS.

Appears in 2 contracts

Samples: Confidential Treatment (Inyx Inc), Asset Purchase Agreement (Inyx Inc)

Disclaimer of Warranties. THE APPLICATION IS SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY. SERVICE PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICES AND YOUR APPLICATION(S), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY SERVICE PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: trajectoryinc.com, trajectoryinc.com

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY THE LESSOR TO END USER "THE LESSEE HEREUNDER ON AN “AS IS" ” BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESS, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, OTHERWISE WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLEREGARDLESS OF ANY NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES. LESSEE SHALL INDEMNIFY, DEFEND AND NON-INFRINGEMENTHOLD LESSOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGACTIONS, COURSE OF PERFORMANCESUITS, USAGEPROCEEDINGS, INJURIES (OR TRADE PRACTICE. DEATH), DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY LESSEE’S LEASE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL POSSESSION OF THE ABOVE EXCLUSIONS AIRCRAFT DURING THE TERM AND LIMITATIONS MAY NOT APPLY TO YOUSUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.), Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "OTHER THAN AS IS" EXPRESSLY SET FORTH IN THIS AGREEMENT, PREAPP MAKES NO, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, PREAPP DISCLAIMS ANY WARRANTY THAT THE SOFTWARE, THE SERVICES PROVIDED BY PREAPP, OR THE OPERATION OF THE SOFTWARE ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. PREAPP MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (b) Disclaimer of Consequential Damages. PREAPP HAS NO LIABILITY WITH RESPECT TO THE SOFTWARE, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOINGCOST OF COVER) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGWHETHER IN BREACH OF CONTRACT, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSNEGLIGENCE, ACHIEVE ANY INTENDED RESULTSSTRICT LIABILITY, BE COMPATIBLEMISREPRESENTATIONS, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL TORTS EVEN IF PREAPP HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Disclaimer of Warranties. THE SERVICES, THE APPLICATION IS AND THE CONTENT ARE PROVIDED TO END USER "YOU ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY XXXXX HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON- INFRINGEMENT. NEITHER XXXXX NOR ANY PERSON ASSOCIATED WITH XXXXX MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, AND NON-INFRINGEMENTSECURITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGRELIABILITY, COURSE OF PERFORMANCEQUALITY, USAGEACCURACY, OR TRADE PRACTICEAVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY NEITHER GATES NOR ANYONE ASSOCIATED WITH GATES REPRESENTS OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND WARRANTS THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTIONTHE APPLICATION OR THE CONTENT WILL BE ACCURATE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDSRELIABLE, OR BE ERROR-ERROR- FREE, OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW , THAT THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES SERVICES, THE APPLICATION, CONTENT, OR THE LIMITATIONS ON SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSERVICES, SO SOME THE APPLICATION OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Appears in 2 contracts

Samples: www.gates.com, assets.gates.com

Disclaimer of Warranties. EXCEPT AS OTHERWISE SET OUT IN THE APPLICATION AGREEMENT, AU10TIX LTD AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. AU10TIX LTD AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER "YOU STRICTLY ON AN “AS IS" ” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AU10TIX LTD AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 2 contracts

Samples: www.au10tix.com, www.au10tix.com

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT. IN PARTICULAR , UNIVERSITY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWINVENTION(S) CLAIMED IN THE LICENSED PATENTS OR WITH RESPECT TO THE LICENSED PATENTS THEMSELVES, COMPANYINCLUDING BUT NOT LIMITED TO, ON ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENTS; (II) THE ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY INFORMATION PROVIDED BY UNIVERSITY TO RAINDANCE, ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYSUBLICENSEES, OR OTHERWISEAFFILIATES OF EITHER, WITH RESPECT TO THE APPLICATIONINVENTION(S) CLAIMED IN THE LICENSED PATENTS OR WITH RESPECT TO THE LICENSED PATENTS THEMSELVES AND ANY PRODUCTS DEVELOPED FROM OR COVERED BY THEM; (III) WHETHER THE PRACTICE OF ANY CLAIM CONTAINED IN ANY OF THE LICENSED PATENTS WILL OR MIGHT INFRINGE A PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OWNED OR LICENSED BY A THIRD PARTY; (IV) THE PATENTABILITY OF ANY INVENTION CLAIMED IN THE LICENSED PATENTS; OR (V) THE ACCURACY, INCLUDING ALL SAFETY, OR USEFULNESS FOR ANY PURPOSE OF ANY PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF THE LICENSED PATENTS. IN ADDITION, UNIVERSITY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Exclusive License Agreement (Raindance Technologies Inc), Exclusive License Agreement (Raindance Technologies Inc)

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY LESSOR TO END USER "LESSEE HEREUNDER ON AN “AS IS" ” BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSAND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESSED, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDLESS OF ANY KIND THAT NEGLIGENCE OR FAULT OF LESSOR. (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE APPLICATION WILL MEET YOUR REQUIREMENTSAIRCRAFT OR AY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY OF THE THEREOF, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, DEFICIENCY OR WORK WITH DEFECT IN THIS AGREEMENT OR ANY OTHER SOFTWARECIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, APPLICATIONS, SYSTEMS, OPERATION OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES.

Appears in 2 contracts

Samples: Non Exclusive Aircraft Lease Agreement, Non Exclusive Aircraft Lease Agreement (U-Store-It Trust)

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPLICITLY PROVIDED TO END USER "AS IS" HEREIN, GTAR AND WITH MLS Tech EXPRESSLY AND SPECIFICALLY DISCLAIMS AND REJECTS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWACCURACY, COMPANYRELIABILITY, ON ITS OWN BEHALF AND ON BEHALF COMPLETENESS AND/OR TIMELINESS OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYTHE MLS DATABASES OR THE MLS CONTENT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MLS Tech CANNOT AND MAKES NO REPRESENTATION OF ANY KIND DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, MLS DATABASES OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR THE CONTENT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW AVAILALiBmLitEatiAonT oAf LLLiabTilIiMty.ESINONROOENVAENT WILL MCOLNSSTISecThENOTRBAGSTISA.R BE LIABLE TO USER OR CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST DATA OR LOST PROFITS) ARISING OUT OF USER’S ACCESS TO OR USE OF THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES MLS DATABASES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMLS CONTENT, SO SOME EVEN IF MLS Tech AND/OR ALL GTAR HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. NORES’S LIABILITY TO YOU.USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WILL BE STRICTLY LIMITED TO THE FEES THAT HAVE ACTUALLY BEEN PAID BY USER TO MLS Tech DURING THE SIX

Appears in 2 contracts

Samples: Data Access and License Agreement, Data Access and License Agreement

Disclaimer of Warranties. TOUCHSTREAM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE APPLICATION RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. NEITHER TOUCHSTREAM NOR ITS LICENSORS REPRESENT OR WARRANT THAT: THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; ANY STORED DATA WILL BE ACCURATE OR RELIABLE; OR ERRORS OR DEFECTS WILL BE CORRECTED. EXCEPT AS SET FORTH IN SECTION 8.2, THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER "CUSTOMER STRICTLY ON AN AS IS" IS BASIS AND WITH ALL FAULTS CONDITIONS, REPRESENTATIONS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TOUCHSTREAM AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 2 contracts

Samples: Touchstream End User License Agreement, License Agreement

Disclaimer of Warranties. AS BETWEEN LESSOR AND LESSEE, DELIVERY OF EQUIPMENT TO LESSEE AND EXECUTION BY LESSEE OF A RECEIPT CERTIFICATE WITH RESPECT THERETO SHALL CONSTITUTE LESSEE’S ACKNOWLEDGEMENT THAT THE APPLICATION EQUIPMENT IS PROVIDED TO END USER "AS IS" IN GOOD ORDER AND WITH ALL FAULTS CONDITION AND DEFECTS WITHOUT IS OF THE MANUFACTURE, DESIGN AND CAPACITY SELECTED BY LESSEE, THAT LESSEE IS SATISFIED THAT THE SAME IS SUITABLE FOR ITS PURPOSE, AND THAT NEITHER LESSOR NOR ANY ASSIGNEE OF LESSOR MAKES ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWOR REPRESENTATION, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONEQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYWITHOUT LIMITATION, ITS VALUE, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR INTENDED USE OF THE EQUIPMENT, TITLEOR WARRANTY WITH RESPECT THERETO, AND NON-INFRINGEMENTLESSOR AND ITS ASSIGNEES HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. IN NO EVENT SHALL ANY ASSIGNEE OF LESSOR BE LIABLE FOR ANY INCIDENTAL, AND WARRANTIES THAT MAY ARISE DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF COURSE OF DEALINGTHIS LEASE OR THE EXISTENCE, COURSE OF PERFORMANCEFURNISHING, USAGE, FUNCTIONING OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LESSEE’S USE OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, ITEM OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, PRODUCTS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES PROVIDED FOR IN THIS LEASE.

Appears in 2 contracts

Samples: Equipment Lease Purchase Agreement, Equipment Lease Purchase Agreement

Disclaimer of Warranties. EXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT (WHICH INCLUDES THESE GENERAL TERMS, THE APPLICATION IS PROVIDED TO END USER "AS IS" ADDENDA, ATTACHMENTS AND WITH STATEMENTS OF WORK HERETO), FIS DISCLAIMS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORY, ORAL OR OTHERWISE, WRITTEN) WITH RESPECT TO THE APPLICATIONSERVICES, INCLUDING THIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE, TITLEOR ERROR FREE OPERATION (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION, AND NON-INFRINGEMENTWHETHER OR NOT FIS KNOWS, AND WARRANTIES THAT MAY HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE OUT BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, COURSE OF PERFORMANCE, USAGE, FIS DISCLAIMS ANY WARRANTY OR TRADE PRACTICE. WITHOUT LIMITATION REPRESENTATION TO ANY PERSON OTHER THAN CLIENT WITH RESPECT TO THE FOREGOINGSERVICES, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGTHIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMATERIALS PROVIDED UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Confidential Treatment (Bank of Marin Bancorp), Confidential Treatment Requested (Bank of Marin Bancorp)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. INDEXIC, INC. (INCLUDING ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDES ACCESS TO THE APPLICATION IS PROVIDED TO END USER "AWAIVER WEBSITE ON AN “AS IS" AND ,” AS AVAILABLE BASIS, WITH ALL FAULTS FAULTS, AND DEFECTS WITHOUT WARRANTY OF HEREBY DISCLAIMS ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES ALL WARRANTIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESCONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, SECURITY, OR THOSE WARRANTIES THAT WHICH MAY ARISE OUT OF BY COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCETRADE. INDEXIC, USAGE, INC. DISCLAIMS ANY AND ALL WARRANTIES FOR LACK OF VIRUSES OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OTHER DISABLING CODE OR UNDERTAKINGCONDITION, AND MAKES NO REPRESENTATION OF ANY KIND THAT DOES NOT WARRANT THE APPLICATION WILL MEET YOUR REQUIREMENTSINFORMATION, ACHIEVE ANY INTENDED RESULTSSERVICE, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONSCONTENT AND/OR FEATURES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDAVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR CUSTOMER ASSUMES ALL RISKS ARISING OUT OF THE ABOVE EXCLUSIONS USE, QUALITY, ACCURACY OR PERFORMANCE OF THE AWAIVER WEBSITE, AND LIMITATIONS MAY NOT APPLY TO YOUFOR ENSURING THAT APPROPRIATE BACK-UP MEASURES ARE IN PLACE IN THE EVENT OF FAILURE OR UNAVAILABILITY OF THE WEBSITE AND/OR SERVICES.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES SET FORTH IN THIS SECTION 11, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER TO THE OTHER PARTY OR ANY OTHER ENTITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF LAW ANY AND ON BEHALF OF ITS AFFILIATES ALL OTHER REPRESENTATIONS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WITHOUT LIMITATION (I) WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE(II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, (IV) WARRANTIES RELATING TO THE XX XXXXX OR BI MARKS, AND NON-INFRINGEMENT, AND (V) WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF OTHERWISE RELATING TO PERFORMANCE, USAGENONPERFORMANCE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OTHER ACTS OR UNDERTAKING, AND MAKES NO REPRESENTATION OF OMISSIONS BY SUCH PARTY OR ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, AFFILIATE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTY.

Appears in 1 contract

Samples: Software Development and License and Services Agreement (Brightmail Inc)

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY LESSOR TO END USER "LESSEE HEREUNDER ON AN “AS IS" ” BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSAND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESSED, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDLESS OF ANY KIND THAT NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE AIRCRAFT OR ANY INTENDED RESULTS, BE COMPATIBLE, COMPONENT OF THE AIRCRAFT OR WORK WITH BY ANY INADEQUACY THEREOF; (B) ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER SOFTWARECIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (C) THE USE, APPLICATIONS, SYSTEMS, OPERATION OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (D) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Aircraft Dry Lease Agreement (Cloudastructure, Inc.)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED HT acknowledges and agrees that Hornx xxx Tippx xxxe made the selection of the Tangible Assets. HT acknowledges and agrees that it has received no statements or representations from OS and has placed no reliance upon any statements or representations of OS, including, but without limitation, with respect to the size, design, capacity, condition, qualify, durability and manufacture of the Tangible Assets and suitability of the Tangible Assets for HT's purposes. OS MAKES NO REPRESENTATIONS OR WARRANTIES TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HT OR ANY OTHER PERSON OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE APPLICATIONSIZE, INCLUDING ALL IMPLIED WARRANTIES DESIGN, CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY OR PERFORMANCE OF MERCHANTABILITYTHE TANGIBLE ASSETS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. OS SHALL HAVE NO LIABILITY TO HT FOR ANY DEMAND, AND NON-INFRINGEMENTCLAIM, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGCOST, COURSE OF PERFORMANCELOSS, USAGE, DAMAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LIABILITY OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSOR NATURE WHATSOEVER, ACHIEVE NOR SHALL THERE BE ANY INTENDED RESULTSABATEMENT OF LICENSE FEES, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES IN CONNECTION WITH (i) THE DEFICIENCY OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL INADEQUACY OF THE ABOVE EXCLUSIONS TANGIBLE ASSETS FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO HT, (ii) ANY DEFICIENCY OR DEFECT IN THE TANGIBLE ASSETS, (iii) THE USE OR PERFORMANCE OF THE TANGIBLE ASSETS OR (iv) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE FOREGOING. HT SHALL DEFEND, INDEMNIFY AND LIMITATIONS MAY NOT APPLY HOLD OS HARMLESS AGAINST ANY AND ALL DEMANDS, CLAIMS, COSTS, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION, OPERATION OR USE OF THE TANGIBLE ASSETS. OS AGREES TO YOUPROVIDE HT WITH ALL WARRANTIES RUNNING TO THE TANGIBLE ASSETS FROM THE MANUFACTURER.

Appears in 1 contract

Samples: License Agreement (Outback Steakhouse Inc)

Disclaimer of Warranties. THE APPLICATION IS SOFTWARE AND DOCUMENTATION ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR END USER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Software End User Licence Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS LIMITED WARRANTY ABOVE, THE SOFTWARE, DOCUMENTATION, IMPROVEMENTS, SERVICES AND ANY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED TO END USER "BY PDQ UNDER OR IN CONNECTION WITH THIS XXXX ARE PROVIDED STRICTLY ON AN “AS IS" ” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES PDQ AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND THEIR RESPECTIVE LICENSORS ALL REPRESENTATIONS, WARRANTIES AND SERVICE PROVIDERSGUARANTEES WHATSOEVER UNDER OR IN CONNECTION WITH THIS XXXX, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITH RESPECT TO THE APPLICATIONSOFTWARE, DOCUMENTATION, IMPROVEMENTS, SERVICES AND ANY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED BY PDQ UNDER OR IN CONNECTION WITH THIS XXXX, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND TITLE OR NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES PDQ AND ITS LICENSORS MAKE NO WARRANTY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGGUARANTEES WHATSOEVER WITH RESPECT TO ANY COMPATIBILITY, AND MAKES NO REPRESENTATION RELIABILITY, ACCURACY OR COMPLETENESS OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESPONSES OR RESULTS, BE COMPATIBLEWORKMANLIKE EFFORT, LACK OF VIRUSES AND MALWARE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUOTHERWISE.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, (CUSTOMER) AND ITS AFFILIATES AGREE THAT THE APPLICATION IS [***] ARE PROVIDED TO END USER "AS IS" ”, AND SIGMA DISCLAIMS ALL WARRANTIES WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. REGARD TO THE MAXIMUM EXTENT PERMITTED [***] UNDER APPLICABLE LAWTHIS AGREEMENT, COMPANYINCLUDING, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSBUT NOT LIMITED TO, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A ANY PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TITLEWITH THE EXCEPTION OF BREACHES OF CONFIDENTIALITY AND/OR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, SIGMA AND (CUSTOMER) ADDITIONALLY DISCLAIM ALL OBLIGATIONS AND LIABILITIES FOR INDIRECT, SPECIAL, AND NON-INFRINGEMENTCONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND WARRANTIES THAT MAY ARISE COURT COSTS (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS). THE MAXIMUM AGGREGATE LIABILITY OF SIGMA AND ITS AFFILIATES TO (CUSTOMER) AND ITS AFFILIATES FOR ANY CAUSE OF ACTION (OR RELATED CAUSES OF ACTION) ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION RELATED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES THIS AGREEMENT AND/OR THE LIMITATIONS ON DELIVERY OF PRODUCTS AND SERVICES SHALL NOT EXCEED THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY AMOUNT ACTUALLY PAID BY (CUSTOMER) TO YOUSIGMA PURSUANT TO THIS AGREEMENT.

Appears in 1 contract

Samples: Non Exclusive License Agreement (Neoleukin Therapeutics, Inc.)

Disclaimer of Warranties. (a) EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE APPLICATION IS SERVICES ARE PROVIDED TO END USER "AS AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, NEEDWORKING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO REGARDING THE APPLICATIONSERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY NEEDWORKING PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, OR THAT . NEEDWORKING IS NOT OBLIGATED TO CORRECT ANY SUCH ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDEFECTS.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPRESSLY PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWIN THIS AGREEMENT, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL XX XXXXXX LOGISTICS MAKES NO WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEWITH REGARD TO SHIPMENTS, AND NON-INFRINGEMENTWAREHOUSED GOODS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, ITEMS IN TRANSIT OR TRADE PRACTICE. WITHOUT LIMITATION DELIVERIES OR WITH REGARD TO THE FOREGOINGINFORMATION PROVIDED ON ITS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON ITS WEBSITE. XX XXXXXX LOGISTICS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN NO EVENT, COMPANY PROVIDES NO WARRANTY SHALL XX XXXXXX LOGISTICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR UNDERTAKINGCONSEQUENTIAL DAMAGES, AND MAKES NO REPRESENTATION INCLUDING DAMAGES RELATING TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE. XX XXXXXX LOGISTICS’S ENTIRE LIABILITY TO CUSTOMER FOR ACTUAL DAMAGES FROM ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSCAUSE WHATSOEVER (INCLUDING, ACHIEVE ANY INTENDED RESULTSWITHOUT LIMITATION, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO its NEGLIGENCE) SHALL NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUEXCEED $50.00 PER SHIPMENT.

Appears in 1 contract

Samples: secureservercdn.net

Disclaimer of Warranties. THE APPLICATION EXCEPT AS SPECIFICALLY DESCRIBED IN THESE TERMS, SOFTWARE IS PROVIDED TO END USER "AS IS" AND IS WITH ALL FAULTS FAULTS, AND DEFECTS WITHOUT WARRANTY EMORY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE. EXCEPT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE PROHIBITED BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF EMORY HEREBY DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTY OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, AND NON-INFRINGEMENTCOPYRIGHT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGETRADEMARK, OR TRADE PRACTICEOTHER PROPRIETARY RIGHTS, OR ACCURACY OF ANY SOFTWARE OUTPUT. WITHOUT LIMITATION EXCEPT TO THE FOREGOINGEXTENT PROHIBITED BY LAW, COMPANY PROVIDES NO EMORY DISCLAIMS ANY REPRESENTATION OR WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, FREE OR THAT ANY ERRORS DATA OR DEFECTS CAN OTHER INFORMATION STORED, PROVIDED, ALTERED, OR TRANSMITTED BY THE SOFTWARE WILL BE CORRECTEDCONFIDENTIAL, SECURE, ACCURATE, OR KEPT FREE FROM CORRUPTION OR DESTRUCTION. SOME JURISDICTIONS DO NOT ALLOW EXCEPT TO THE EXCLUSION OF EXTENT PROHIBITED BY LAW, EMORY HEREBY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR LIMITATIONS ON IMPLIED WARRANTIES OBLIGATION, EXPRESS OR IMPLIED, TO PROVIDE SUPPORT OR OTHER SERVICES RELATED TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPRESSLY PROVIDED TO END USER "AS IS" IN THESE GENERAL TERMS OR AN ADDENDUM, FIS DISCLAIMS ANY AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORY, ORAL OR OTHERWISE, WRITTEN) WITH RESPECT TO THE APPLICATIONSERVICES, INCLUDING THIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE, TITLEOR ERROR FREE OPERATION (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION, AND NON-INFRINGEMENTWHETHER OR NOT FIS KNOWS, AND WARRANTIES THAT MAY HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE OUT BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, COURSE OF PERFORMANCE, USAGE, FIS DISCLAIMS ANY WARRANTY OR TRADE PRACTICE. WITHOUT LIMITATION REPRESENTATION TO ANY PERSON OTHER THAN CLIENT WITH RESPECT TO THE FOREGOINGSERVICES, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGTHIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMATERIALS PROVIDED UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Information Technology Services Agreement (First Midwest Bancorp Inc)

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY THE LESSOR TO END USER THE LESSEE HEREUNDER ON AN "AS IS" BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESS, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, OTHERWISE WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLEREGARDLESS OF ANY NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES. LESSEE SHALL INDEMNIFY, DEFEND AND NON-INFRINGEMENTHOLD LESSOR HARMLESS FROM AND AGAINST ANY -6- AND ALL CLAIMS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGACTIONS, COURSE OF PERFORMANCESUITS, USAGEPROCEEDINGS, INJURIES (OR TRADE PRACTICE. DEATH), DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY LESSEE'S LEASE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL POSSESSION OF THE ABOVE EXCLUSIONS AIRCRAFT DURING THE TERM AND LIMITATIONS MAY NOT APPLY TO YOUSUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Exclusive Aircraft Lease Agreement

Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE APPLICATION SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO END USER "YOU ON AN “AS IS" ,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KCWM DISCLAIMS ALL REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. KCWM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEDEFECTS WILL BE CORRECTED, OR TRADE PRACTICETHAT THIS SERVICE AND/OR SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION TO THE FOREGOINGKCWM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, COMPANY PROVIDES NO WARRANTY AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR UNDERTAKING, AND MAKES NO REPRESENTATION TIMELINESS OF ANY MATERIAL OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER (INCLUDING WITHOUT LIMITATION SOFTWARE, APPLICATIONSPRODUCTS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTIONINFORMATION, MEET TEXT AND RELATED GRAPHICS) CONTAINED WITHIN THIS SERVICE FOR ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPURPOSE.

Appears in 1 contract

Samples: kcwm.net

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE APPLICATION PROGRAM IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS “AS AVAILABLE” BASIS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED BY STATUTE, IMPLIEDCOMMON LAW OR CUSTOM, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR OTHERWISESERVICES OFFERED THROUGH THE USE OF THE PROGRAM, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, NON‐INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES GIVE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (i) THE APPLICATION PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS(ii) THE PROGRAM WILL BE UNINTERRUPTED, BE COMPATIBLETIMELY, SECURE, OR WORK WITH ERROR‐FREE, AND (iii) THE QUALITY OF ANY OTHER SOFTWAREPRODUCTS, APPLICATIONSSERVICES, SYSTEMSINFORMATION, OR SERVICESOTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, OPERATE WITHOUT INTERRUPTIONAND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR AND YOU WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE EXCLUSION DOWNLOADING OR USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY SUCH MATERIAL.

Appears in 1 contract

Samples: www.hustlermoneyblog.com

Disclaimer of Warranties. THE APPLICATION DT TRAILER IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSAFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONDT TRAILER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION DT TRAILER WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Trailer End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS NIUM PORTAL, APIs, AND DOCUMENTATION ARE PROVIDED TO END USER YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, WE ON ITS OUR OWN BEHALF AND ON BEHALF OF ITS OUR AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONNIUM PORTAL, APIs, AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICES PROVIDED WILL MEET THE YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY US, OUR AFFILIATES, AGENTS, EMPLOYEES, AND SERVICE PROVIDERS, SHALL CREATE A WARRANTY, AND YOU ARE NOT ALLOW THE EXCLUSION ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS IS AN ESSENTIAL CONDITION OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMET.

Appears in 1 contract

Samples: app.nium.com

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. Notwithstanding the foregoing, in the event the Application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Application to you. TO THE MAXIUMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESEPECT TO THE APPLICATION.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXCEPT AS IS" EXPRESSLY STATED IN THIS SECTION 6, PTC DISCLAIMS (AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS CUSTOMER WAIVES) ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, WRITTEN OR OTHERWISE, WITH RESPECT TO THE APPLICATIONORAL, INCLUDING ALL IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE LICENSED PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND WARRANTIES ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PTC DOES NOT WARRANT THAT MAY ARISE OUT THE OPERATION OR OTHER USE OF COURSE OF DEALINGTHE LICENSED PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO CUSTOMER’S DATA, COURSE OF PERFORMANCE, USAGE, COMPUTERS OR TRADE PRACTICENETWORKS. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES PTC WILL HAVE NO WARRANTY LIABILITY ARISING FROM ANY SECURITY INCIDENT OR UNDERTAKINGDATA LOSS THAT WOULD HAVE BEEN PREVENTED IF CUSTOMER HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR FEATURES (INCLUDING “PATCHES,” FIXES AND MAKES NO REPRESENTATION OF ANY KIND THAT UPDATES) FOR THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, LICENSED PRODUCTS PROVIDED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY MADE AVAILABLE BY PTC TO YOUCUSTOMER.

Appears in 1 contract

Samples: PTC Customer Agreement

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Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE APPLI- CABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT RE- SPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES WARRAN- TIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer of Warranties. THE APPLICATION BROADBAND INTERNET SERVICE IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS ,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO NEITHER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWTOWN OF ISLESBORO NOR IMB, COMPANYITS AFFILIATES, ON SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE EQUIPMENT OR SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER THE TOWN OF ISLESBORO NOR IMB, ITS OWN BEHALF AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND ON BEHALF WARRANTIES OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSANY KIND, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYTITLE, PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLEMERCHANTABILITY, ACCURACY, NON- INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THOSE ARISING FROM COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCETRADE, USAGEARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION GIVEN BY IMB OR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR TRADE PRACTICE. WITHOUT LIMITATION TO CONTRACTORS WILL VARY THE FOREGOING, COMPANY PROVIDES NO WARRANTY TERMS OF THIS SECTION 9 OR UNDERTAKING, AND MAKES NO REPRESENTATION OF CREATE ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS FORM OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY.

Appears in 1 contract

Samples: Islesboro Municipal Broadband Subscriber Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF THE APPLICATION AND ON BEHALF SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF ITS AFFILIATES USE AND PERFORMANCE REMAINS WITH YOU. SRVE AND ITS MEMBERS, SUPPLIERS, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSDO NOT MAKE ANY REPRESENTATIONS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, SRVE, ITS SUPPLIERS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES LICENSORS MAKE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTSTIMELY, BE COMPATIBLESECURE, OR WORK WITH ERROR-FREE BASIS; (C) ANY OTHER SOFTWAREINFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, APPLICATIONS, SYSTEMSCOMPLETE, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE RELIABLE; OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR (D) THAT ANY DEFECTS OR ERRORS OR DEFECTS CAN OR THEREIN WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW ALL CONTENT YOU OBTAIN THROUGH THE EXCLUSION OF APPLICATION IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULOSS THAT RESULTS THEREFROM.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. CIRCUMSTANCES MAY EXIST OR ARISE THAT PREVENT THE APPLICATION FROM PROVIDING CERTAIN DATA OR ACHIEVING COMPLETE REPRESENTATION OF ALL DATA ELEMENTS IN THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Crewbelt Terms of Use

Disclaimer of Warranties. THE APPLICATION LICENSED DATA IS PROVIDED TO END USER "AS IS" ,” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY TRADEWEB HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING . TRADEWEB SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES TRADEWEB MAKES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED DATA, OR ANY PRODUCTS OR RESULTS OF ITS USE, WILL MEET YOUR REQUIREMENTSLICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS OR BE ACCURATE, ACHIEVE ANY INTENDED RESULTSCOMPLETE, BE COMPATIBLEFREE OF HARMFUL CODE, OR WORK WITH ANY OTHER SOFTWAREERROR FREE. THE LICENSED DATA IS PROVIDED FOR INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE, APPLICATIONSAND SHALL NOT BE CONSTRUED AS, SYSTEMSFINANCIAL, LEGAL, ACCOUNTING, TAX, OR SERVICESINVESTMENT ADVICE OR A RECOMMENDATION TO BUY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDSSELL, OR BE ERROR-FREEOTHERWISE TRANSACT IN ANY INVESTMENT OR ENTER INTO ANY TRANSACTION. TRADEWEB DOES NOT TAKE ACCOUNT OF ANY INVESTOR’S INVESTMENT OBJECTIVES, PARTICULAR NEEDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FINANCIAL SITUATION, AND LICENSEE SHALL MAKE ITS OWN INVESTMENT DECISIONS WITH RESPECT TO ITS USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULICENSED DATA.

Appears in 1 contract

Samples: cdn.tradeweb.com

Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE VI (AS MODIFIED BY THE APPLICATION IS PROVIDED COMPANY DISCLOSURE SCHEDULE), EACH OF THE SELLERS AND BLOCKER GP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO END USER "THE CONDITION, VALUE OR QUALITY OF BLOCKER, THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND EACH OF THE SELLERS AND BLOCKER GP SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO BLOCKER’S, THE COMPANY’S OR ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS" , WHERE IS” ON THE CLOSING DATE, AND WITH ALL FAULTS IN THEIR PRESENT CONDITION, AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF PURCHASER AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND SERVICE PROVIDERSINVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE VI (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), EXPRESSLY EACH OF THE SELLERS AND BLOCKER GP HEREBY DISCLAIMS ALL WARRANTIESLIABILITY AND RESPONSIBILITY, WHETHER EXPRESSTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMPLIEDFOR ANY REPRESENTATION, STATUTORYWARRANTY, STATEMENT, OR OTHERWISEINFORMATION MADE, WITH RESPECT COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO THE APPLICATIONPURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING ANY OPINION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYINFORMATION, FITNESS FOR A PARTICULAR PURPOSEPROJECTION, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES OR ADVICE THAT MAY ARISE OUT HAVE BEEN OR MAY BE PROVIDED TO PURCHASER OR ITS AFFILIATES OR ANY OF COURSE OF DEALINGITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, COURSE OF PERFORMANCEDIRECTOR, USAGEOFFICER, EMPLOYEE, AGENT, CONSULTANT, OR TRADE PRACTICEREPRESENTATIVE OF THE COMPANY, ANY SELLER OR ANY OF THEIR RESPECTIVE AFFILIATES). WITHOUT LIMITATION EACH OF THE SELLERS AND BLOCKER GP DOES NOT MAKE NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY PURCHASER OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, PERSON REGARDING ANY PROJECTION OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE FORECAST REGARDING FUTURE RESULTS OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES ACTIVITIES OR THE LIMITATIONS ON PROBABLE SUCCESS OR PROFITABILITY OF BLOCKER OR THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME COMPANY OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS SUBSIDIARIES.

Appears in 1 contract

Samples: Transaction Agreement (Replay Acquisition LLC)

Disclaimer of Warranties. THE RELEVANT APPLICATION IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE RELEVANT APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RELEVANT APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYPMI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PMI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties. THE APPLICATION IS ALL TRIPSGUARD API, DOCUMENTATION AND CONTENT ARE PROVIDED TO END USER YOU ON AN "AS IS" AND WITH ALL FAULTS AND DEFECTS "AS AVAILABLE" BASIS, WITHOUT WARRANTY ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION), INCLUDING ALL WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES QUALITY OF SERVICE, OR THAT MAY OTHERWISE ARISE OUT OF FROM A COURSE OF DEALINGPERFORMANCE OR USAGE OF TRADE, COURSE ALL OF PERFORMANCEWHICH ARE HEREBY DISCLAIMED BY TRIPSGUARD. IN ADDITION, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND TRIPSGUARD MAKES NO REPRESENTATION REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (i) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF ANY KIND OF THE TRIPSGUARD API, THE DOCUMENTATION AND THE CONTENT; OR (ii) THAT YOUR USE OF THE APPLICATION TRIPSGUARD API, THE DOCUMENTATION AND THE CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEREQUIRMENTS OR EXPECTATIONS, OR WORK WITH ANY OTHER SOFTWAREWILL BE INTERRUPTED, APPLICATIONS, SYSTEMS, SECURE OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Api License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END END-USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User License Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), SUDRANIA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSEAMLESS IMPACT, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SEAMLESS IMPACT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), SUDRANIA DISCLAIMS ANY WARRANTY THAT THE SEAMLESS IMPACT, THE SERVICES PROVIDED BY XXXXXXXX, OR THE OPERATION OF THE SEAMLESS IMPACT ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. XXXXXXXX MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. XXXXXXXX HAS NO LIABILITY WITH RESPECT TO THE SEAMLESS IMPACT, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Saas Agreement

Disclaimer of Warranties. THE APPLICATION IS SERVICES ARE PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYASSIGNQ, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AFFILIATES, ASSINGNEES/SUCCESSORS AND ITS AND THEIR RESPECTIVE LICENSORS AND ASSIGNQ’S SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY ASSIGNQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User License Agreement

Disclaimer of Warranties. Other than as expressly set forth in Section 13, XXXXX.XXX AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE APPLICATION RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. XXXXX.XXX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY XXXXX.XXX AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer of Warranties. (a) THE APPLICATION IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE APPLICATION PROGRAM IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS “AS AVAILABLE” BASIS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, MSGCU EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED BY STATUTE, IMPLIEDCOMMON LAW OR CUSTOM, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR OTHERWISESERVICES OFFERED THROUGH THE USE OF THE PROGRAM, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ; (B) THE RELEASED PARTIES MAKE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES GIVE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (i) THE APPLICATION PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS(ii) THE PROGRAM WILL BE UNINTERRUPTED, BE COMPATIBLETIMELY, SECURE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THAT OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY ERRORS MATERIAL DOWNLOADED OR DEFECTS CAN OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE EXCLUSION DOWNLOAD OR USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY SUCH MATERIAL.

Appears in 1 contract

Samples: www.msgcu.org

Disclaimer of Warranties. THE APPLICATION SERVICES AND ALL CONTENT IS PROVIDED TO END USER CUSTOMER ON AN "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND“AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES COMPANY AND ITS LICENSORS DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY STATED HEREIN, COMPANY AND WARRANTIES THAT MAY ARISE OUT ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF COURSE OF DEALINGTHE SERVICES WILL BE SECURE, COURSE OF PERFORMANCETIMELY, USAGEUNINTERRUPTED, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, (B) THE SERVICES WILL MEET CUSTOMER REQUIREMENTS OR THAT EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICES WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW , OR (F) SERVER(S) THAT MAKE THE EXCLUSION SERVICES AVAILABLE ARE FREE OF VIRUSES OR LIMITATIONS ON IMPLIED WARRANTIES OTHER HARMFUL COMPONENTS; NOR DOES COMPANY OR ITS LICENSORS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERRELIABILITY, SO SOME TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR ALL COMPLETENESS OF THE ABOVE EXCLUSIONS SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND LIMITATIONS MAY NOT APPLY TO YOUOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.

Appears in 1 contract

Samples: Henry Schein One Electronic Commerce Services Terms and Conditions

Disclaimer of Warranties. THE APPLICATION SERVICES IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS ” BASIS WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FORMALLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGWARRANTY OR IN TORT FOR ANY (I) ERRORS, COURSE OF PERFORMANCE, USAGEMISTAKES, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGINACCURACIES OF CONTENT, COMPANY PROVIDES NO WARRANTY (II) PERSONAL INJURY OR UNDERTAKINGPROPERTY DAMAGE, AND MAKES NO REPRESENTATION OF ANY KIND THAT NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES WILL MEET YOUR REQUIREMENTSFORMALLY AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, ACHIEVE INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INTENDED RESULTS, BE COMPATIBLEINFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FORMALLY, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDEVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUYOU IN THEIR ENTIRETY. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FORMALLY AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO FORMALLY DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: formally.us

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Cirrus Aircraft Application End User License Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, VERYON AND ITS LICENSORS PROVIDE THE APPLICATION IS PROVIDED TO END USER "VERYON LICENSED SERVICE(S) (INCLUDING CONTENT AND SOFTWARE AND RESULTS THEREOF) “AS IS" AND WITH ALL FAULTS WITHOUT, AND DEFECTS WITHOUT WARRANTY OF VERYON DOES NOT MAKE AND EXPRESSLY DISCLAIMS, ANY KIND. WARRANTIES, REPRESENTATIONS, GUARANTEES, CONDITIONS OR OTHER TERMS RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVERYON LICENSED SERVICE(S) (INCLUDING ANY CONTENT OR SOFTWARE), COMPANYAND ANY PERFORMANCE, ON ITS OWN BEHALF USE, ACCURACY OR RESULTS THEREOF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESANY UPDATES THERETO, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR ARISING FROM COURSE OF DEALING OR PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF CONDITIONS OR OTHER TERMS REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, ACCURACY, CAPACITY, PERFORMANCE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES . YOUR USE OF THE VERYON LICENSED SERVICE IS AT YOUR OWN RISK. VERYON DOES NOT WARRANT THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGETHE SOFTWARE WILL OPERATE UNINTERRUPTED OR THAT THE SOFTWARE OR CONTENT OR RESULTS THEREOF WILL BE ACCURATE OR WITHOUT ERRORS OR OMISSIONS, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGTHAT ERRORS OR OMISSIONS WILL BE CORRECTED, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION USE OR PERFORMANCE THEREOF WILL MEET YOUR REQUIREMENTSPURPOSE OR EXPECTATIONS. IN ADDITION, ACHIEVE VERYON DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY INTENDED RESULTSEQUIPMENT, BE COMPATIBLE, SYSTEM OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, NETWORK ON WHICH THE SOFTWARE IS USED OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR CONTENT IS MADE AVAILABLE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FREE OF VULNERABILITY TO INTRUSION OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUATTACK.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS SERVICES ARE PROVIDED TO END USER YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES MAKES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICES, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULTSRESULT (FINANCIAL OR OTHERWISE), BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMSSYSTEM, OR OTHER SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREESECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR THAT ERROR FREE. THE COMPANY MAKES NO WARRANTIES REGARDING AND STRICTLY DISCLAIMS ALL WARRANTIES WITH REPSECT TO ANY ERRORS PRODUCTS AND SERVICES OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION PRODUCTS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS LOGISTICS PROVIDERS AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCT PROVIDERS.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE APPLICATION IS PRECEDING SECTION, ALL SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS FAULTS” AND DEFECTS WITHOUT WARRANTY ANY WARRANTY. EACH OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY ROAMBEE ENTITIES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLEOF ACCURACY, AND NON-INFRINGEMENTOF SYSTEM INTEGRATION OR COMPATIBILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEWORKMANLIKE EFFORT, OR TRADE PRACTICEOF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION LIMITATION, ANY WARRANTY, DUTY, OR CONDITION THAT: THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY PARTICULAR TIME, SECURE, ERROR‐FREE, VIRUS‐FREE, OR CORRESPOND TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY ANY CONDITION; THAT MESSAGES OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSSERVICES, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONSCONTENT, SYSTEMS, SERVERS, AND INFORMATION THAT IS IN OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR UTILIZED BY THE SERVICES WILL BE CORRECTEDFREE OF HARMFUL ASPECTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ALSO, THERE IS NO WARRANTY OF TITLE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES OR AGAINST INFRINGEMENT.

Appears in 1 contract

Samples: Roambee Customer Agreement

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION R.E.D. SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE R.E.D. SOFTWARE IS PROVIDED TO END USER "AS IS" AND ", WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. , AND R.E.D. AND R.E.D.'S LICENSORS (COLLECTIVELY REFERRED TO AS "R.E.D." FOR THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF PURPOSES OF SECTIONS 7 AND ON BEHALF OF ITS AFFILIATES 8) HEREBY DISCLAIM ALL WARRANTIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONDITIONS WITH RESPECT TO THE APPLICATIONR.E.D. SOFTWARE, INCLUDING ALL EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLEOF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. R.E.D. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE R.E.D. SOFTWARE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION FUNCTIONS CONTAINED IN THE R.E.D. SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT THE OPERATION OF THE R.E.D. SOFTWARE WILL BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, THAT THE R.E.D. SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT ANY ERRORS OR DEFECTS CAN OR IN THE R.E.D. SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY R.E.D. OR AN R.E.D. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE R.E.D. SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Future extensions of Dr. Sawbones versus the Medical Monsters (DSVMM) may (or may not) automatically produce search results that may (or may not) reference sites and information located worldwide throughout the Internet. Because R.E.D. has no control over such sites and information, R.E.D. makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether a R.E.D. search completed through the DSVMM may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the DSVMM may automatically and unintentionally generate links or references to objectionable material. By using the DSVMM, you acknowledge that R.E.D. makes no representations or warranties with regard to the appropriateness of the content viewed through the DSVMM, whether on a pre-installed channel button or as a result of your search. R.E.D. does not guarantee the sequence, accuracy, completeness or timeliness of the content accessed DSVMM. R.E.D., its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using DSVMM or for any inaccuracies, errors in or omissions from the content.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT AND THE APPLICATION RELATED AGREEMENTS, NONE OF THE ACQUIRED COMPANY, THE SELLERS, THEIR RESPECTIVE AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES MAKE OR HAVE MADE, AND THE BUYER IS PROVIDED NOT RELYING ON, ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN RESPECT OF THE INTERESTS OR THE ASSETS AND PROPERTIES OF THE ACQUIRED COMPANY. EXCEPT IN THE CASE OF FRAUD OR A BREACH OF THIS AGREEMENT OR ANY RELATED AGREEMENT, NONE OF THE ACQUIRED COMPANY, THE SELLERS, THEIR RESPECTIVE AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL HAVE OR BE SUBJECT TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. LIABILITY OR INDEMNIFICATION OBLIGATION TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWBUYER OR ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO THE BUYER, ITS AFFILIATES OR REPRESENTATIVES OF, OR THE BUYER’S USE OF OR RELIANCE ON, ANY INFORMATION RELATING TO THE BUSINESS OF THE ACQUIRED COMPANY, ON ITS OWN BEHALF THE INTERESTS OR THE ASSETS AND PROPERTIES OF THE ACQUIRED COMPANY, INCLUDING ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE TO THE BUYER, WHETHER ORALLY OR IN WRITING, IN THE DATA ROOMS, MANAGEMENT PRESENTATIONS, RESPONSES TO QUESTIONS SUBMITTED ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, THE BUYER OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH IN ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL FORM IN EXPECTATION OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTRANSACTIONS. ANY SUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amneal Pharmaceuticals, Inc.)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 5, EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PATENTS LICENSED HEREUNDER BY ANY PARTY ARE LICENSED ON AN “AS IS" ” BASIS AND THAT NONE OF THE PARTIES OR THEIR CURRENT AFFILIATES MAKE ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KINDRESPECT THERETO. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWEXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 5, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES EACH PARTY AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, CURRENT AFFILIATES EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ENFORCEABILITY OR NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO EXCEPT AS SET FORTH IN THIS SECTION 5, NONE OF THE PARTIES OR ANY OF THEIR SUBSIDIARIES MAKE ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION AS TO THE VALIDITY AND/OR SCOPE OF ANY KIND PATENT LICENSED TO THE PARTIES HEREUNDER OR ANY WARRANTY OR REPRESENTATION THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSANY MANUFACTURE, ACHIEVE ANY INTENDED RESULTSUSE, BE COMPATIBLEIMPORTATION, OFFER FOR SALE, SALE, OR WORK WITH LICENSE OF ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, PRODUCT OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FREE FROM INFRINGEMENT OF ANY PATENT OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OTHER INTELLECTUAL PROPERTY RIGHT OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY THIRD PARTY.

Appears in 1 contract

Samples: Settlement Agreement (Micromuse Inc)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED HT acknowledges and agrees that Hornx xxx Tipps have made the selection of the Assets. HT acknowledges and agrees that it has received no statements or representations from OS and has placed no reliance upon any statements or representations of OS, including, but without limitation, with respect to the size, design, capacity, condition, qualify, durability and manufacture of the Assets and suitability of the Assets for HT's purposes. OS MAKES NO REPRESENTATIONS OR WARRANTIES TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HT OR ANY OTHER PERSON OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE APPLICATIONSIZE, INCLUDING ALL IMPLIED WARRANTIES DESIGN, CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY OR PERFORMANCE OF MERCHANTABILITYTHE ASSETS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. OS SHALL HAVE NO LIABILITY TO HT FOR ANY DEMAND, AND NON-INFRINGEMENTCLAIM, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGCOST, COURSE OF PERFORMANCELOSS, USAGE, DAMAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LIABILITY OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSOR NATURE WHATSOEVER, ACHIEVE NOR SHALL THERE BE ANY INTENDED RESULTSABATEMENT OF LICENSE FEES, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES IN CONNECTION WITH (i) THE DEFICIENCY OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL INADEQUACY OF THE ABOVE EXCLUSIONS ASSETS FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO HT, (ii) ANY DEFICIENCY OR DEFECT IN THE ASSETS, (iii) THE USE OR PERFORMANCE OF THE ASSETS OR (iv) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE FOREGOING. HT SHALL DEFEND, INDEMNIFY AND LIMITATIONS MAY NOT APPLY HOLD OS HARMLESS AGAINST ANY AND ALL DEMANDS, CLAIMS, COSTS, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION, OPERATION OR USE OF THE ASSETS. OS AGREES TO YOUPROVIDE HT WITH ALL WARRANTIES RUNNING TO THE ASSETS FROM THE MANUFACTURER.

Appears in 1 contract

Samples: License Agreement (Outback Steakhouse Inc)

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF IN THIS AGREEMENT, NEITHER PARTY MAKES ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CONCERNING THE APPLICATIONDEVELOPMENT, COMMERCIALIZATION, MARKETING, OR SALE OF ANY PRODUCT INCLUDING THE SUCCESS OR POTENTIAL SUCCESS THEREOF. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES UNDERSTAND THAT THE LICENSED PRODUCTS ARE THE SUBJECT OF ONGOING CLINICAL RESEARCH AND DEVELOPMENT AND THAT NEITHER PARTY CAN ASSURE THE SAFETY OR USEFULNESS OF LICENSED PRODUCTS. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY EXCEPT AS SET FORTH IN THIS ARTICLE 12 CONCERNING ITS PATENT RIGHTS OR KNOW-HOW, TITLEINCLUDING THE VALIDITY OR SCOPE OF ITS PATENT RIGHTS OR THAT THE MANUFACTURE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION SALE OF ANY KIND THAT LICENSED PRODUCT WILL NOT INFRINGE THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY PATENT RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTIES.

Appears in 1 contract

Samples: License Agreement (Discovery Laboratories Inc /De/)

Disclaimer of Warranties. THE APPLICATION UTILITY IS PROVIDED TO END USER "ON AN “AS IS" ” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KINDIS ONLY FOR COMMERCIAL USE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSAGE, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITSELF, ITS AFFILIATES AFFILIATES, AND ITS LICENSORS, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESGUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY, INCLUDING ALL IMPLIED WARRANTIES (II) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE(III) OF NON- INFRINGEMENT AND (IV) ARISING FROM CUSTOM, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGTRADE USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. NEITHER SAGE, USAGEITS AFFILIATES, NOR ITS LICENSORS WARRANT THAT YOUR USE OF THE UTILITY WILL BE UNINTERRUPTED OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES UTILITY AND/OR THE LIMITATIONS ON INFORMATION YOU OBTAIN THROUGH USING THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERUTILITY WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. SAGE IS NOT RESPONSIBLE FOR ANY PERFORMANCE ISSUES OR ERRORS WITH THE UTILITY THAT ARISE FROM YOUR DATA OR ANY THIRD PARTY. YOU ACKNOWLEDGE THAT SAGE DOES NOT PROVIDE ANY ACCOUNTING, SO SOME TAXATION, FINANCIAL, INVESTMENT, LEGAL, OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY OTHER ADVICE TO YOUYOU OR ANY THIRD PARTIES.

Appears in 1 contract

Samples: Sage End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONAPPLICATION AND THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. LICENSEE ACKNOWLEDGES THAT (A) THE APPLICATION IS GAME AND SERVER ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS “WHERE IS” BY FLAGSHIP/HBS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWARE ACCEPTED BY LICENSEE AS SUCH, COMPANYAND (B) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY FLAGSHIP/HBS DISCLAIMS ALL WARRANTIES, AND LICENSEE RECEIVES NO WARRANTIES UNDER THIS AGREEMENT OF ANY KIND, INCLUDING BUT NOT LIMITED TO WITH REGARD TO THE GAME AND SERVER, WHETHER EXPRESS, EXPRESSED OR IMPLIED, STATUTORYOR ARISING OUT OF ANY COURSE OF PERFORMANCE, CUSTOM, INDUSTRY STANDARD, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONUSAGE IN TRADE, INCLUDING ALL IMPLIED WARRANTIES OF BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TITLE OR TRADE PRACTICEOTHERWISE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES FLAGSHIP/HBS SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS: (i) THAT GAME AND SERVER WILL MEET LICENSEE’S REQUIREMENTS; (ii) THAT GAME AND SERVER WILL BE ERROR FREE OR FUNCTION IN AN UNINTERRUPTED MANNER; (iii) REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE GAME AND SERVER IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF GAME AND SERVER IS ASSUMED BY LICENSEE. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAGSHIP/HBS OR THEIR RESPECTIVE AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR UNDERTAKINGIN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND MAKES NO REPRESENTATION LICENSEE SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMERS OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION WARRANTY CONSTITUTE AN ESSENTIAL PART OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT.

Appears in 1 contract

Samples: License and Distribution Agreement (Gigamedia LTD)

Disclaimer of Warranties. THE APPLICATION CHALMLITE 6 AND ANY INFORMATION PROVIDED TO YOU THROUGH CHALMLITE 6 IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYWE, ON ITS OUR OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OUR LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONCHALMLITE 6 AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECOMPLETENESS, ACCURACY, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO OF THE FOREGOING, COMPANY PROVIDES WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION CHALMLITE 6 WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-ERROR FREE, ARE SECURE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICATION IS AGREEMENT, THE DELIVERABLES, AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO END USER "CLIENT IN CONNECTION WITH THE DELIVERABLES, ARE PROVIDED ON AN “AS IS" ” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYPAST OR PRESENT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESEXPRESS OR IMPLIED, WHETHER EXPRESSSTATUTORY, COMMON LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED. PATRIOT MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, . CLIENT ACKNOWLEDGES AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND AGREES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSDELIVERABLES, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK ALONG WITH ANY OTHER SOFTWAREADDITIONAL SERVICES PROVIDED BY PATRIOT FOR THE BENEFIT OF CLIENT, APPLICATIONS, SYSTEMS, ARE PROVIDED BY PATRIOT ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO ORAL OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET WRITTEN INFORMATION OR ADVICE GIVEN BY PATRIOT OR PATRIOT’S REPRESENTATIVES SHALL CREATE A WARRANTY. PATRIOT SPECIFICALLY DISCLAIMS ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPARTICULAR PURPOSE.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. THE APPLICATION PRODUCT IS PROVIDED TO END USER "AS IS" ,” AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE PRODUCT IS AT USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT USER’S USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF ACCURACY OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL ANY USER CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE PRODUCT. COMPANY MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, COURSE OF PERFORMANCETITLE, USAGENON- INFRINGEMENT OR TIMELINESS, SUITABILITY, ACCURACY, OR TRADE PRACTICE. WITHOUT LIMITATION FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE FOREGOINGPRODUCT OR USER CONTENT. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE PRODUCT OR ANY INFORMATION OR USER CONTENT THEREIN, COMPANY PROVIDES NO WARRANTY INCLUDING, WITHOUT LIMITATION, INACCURATE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF INCOMPLETE INFORMATION. ANY KIND IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDSHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAPPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION APP IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONAPP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Sleep Health End User License Agreement

Disclaimer of Warranties. THE APPLICATION SERVICES IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS ” BASIS WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REWROTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGWARRANTY OR IN TORT FOR ANY (I) ERRORS, COURSE OF PERFORMANCE, USAGEMISTAKES, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGINACCURACIES OF CONTENT, COMPANY PROVIDES NO WARRANTY (II) PERSONAL INJURY OR UNDERTAKINGPROPERTY DAMAGE, AND MAKES NO REPRESENTATION OF ANY KIND THAT NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES WILL MEET YOUR REQUIREMENTSREWROTE AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, ACHIEVE INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INTENDED RESULTS, BE COMPATIBLEINFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY REWROTE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDEVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUYOU IN THEIR ENTIRETY. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT REWROTE AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO REWROTE DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: rewrote.ai

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYC4C, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY C4C PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL LIABILITY OR DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APPLICATION, YOUR DEALINGS WITH OTHER USERS OF THE APPLICATION, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APPLICATION, INCLUDING ANY COUPONS. YOU UNDERSTAND AND AGREE THAT YOU USE THE APPLICATION, AND ACCESS, DOWNLOAD, USE, AND/OR OTHERWISE OBTAIN MATERIALS OR C4C CONTENT THROUGH THE APPLICATION AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING TO YOUR MOBILE DEVICE USED IN CONNECTION WITH THE APPLICATION) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE APPLICATION OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYORGANIZATION, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY ORGANIZATION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

Disclaimer of Warranties. NEITHER PAVION CORP. AND ALL ITS SUBSIDIARIES NOR OWNER WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A CYBER EVENT, CYBER BREACH, RISK OR VULNERABILITY, COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EǪUIPMENT, COMPUTER PROGRAMS, DATA NETWORK OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION IS PROVIDED SERVICES, OWNER’S WEBSITE OR THE SERVICE OR ITEMS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THE SERVICE. NEITHER PAVION CORP. AND ALL ITS SUBSIDIARIES NOR OWNER NOR ANY PERSON ASSOCIATED WITH EITHER OF THEM MAKES ANY WARRANTY OR REPRESENTATION TO END ANY USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONCOMPLETENESS, SECURITY, RELIABILITY, ǪUALITY, FUNCTIONALITY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PAVION CORP. AND ALL ITS SUBSIDIARIES NOR OWNER NOR ANYONE ASSOCIATED WITH EITHER OF THEM REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF CUSTOMER OR ANY USER. EXCEPTFOR THE WARRANTY SET FORTH HEREIN, PAVION CORP. AND ALL ITS SUBSIDIARIES PROVIDES THE SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES. PAVION CORP. AND ALL ITS SUBSIDIARIES AND OWNER HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Master Monitoring Contract

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