DISCLAIMER OF WARRANTY AND LIABILITY. The Bank will not be liable if you are unable to gain access to our website or Online Banking system due to maintenance, computer failure, interruption in the availability of our service, delay in operation or transmission, computer virus, or any other causes out of the Bank’s control. We make no warranties or representations with respect to any Third Party Service Provider used to access your email notifications or e-Statements. You agree that the Bank will not be held liable for losses or damages arising from non- delivery, delayed delivery or misdelivery of e-mail notifications.
DISCLAIMER OF WARRANTY AND LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, INCLUDING SECTIONS 8 THROUGH 10 BELOW, CUSTOMER ACCESS TO AND USE OF THE PLATFORM FOR EVALUATION PURPOSES OR UNDER THE BETA PROGRAM IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING, AND CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE PLATFORM AND ACKNOWLEDGES THAT THE USE OF THE PLATFORM, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH XXXXX' INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT XXXXX WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, PLATFORM DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE PLATFORM. FOR ALL EVALUATIONS OR USE UNDER THE BETA PROGRAM ARMIS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PLATFORM, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE PLATFORM OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF ARMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. ARMIS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE PLATFORM ASSETS DURING THE FREE EVALUATION PERIOD OR USE UNDER BETA PROGRAM UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE ARMIS’ LIABILITY WITH RESPECT TO THE ACCESS TO THE PLATFORM ASSETS PROVIDED DURING THE FREE EVALUATION PERIOD SHALL NOT EXCEED, IN THE AGGREGATE, $1,000.00. WITHOUT LIMITING THE FOREGOING, ARMIS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT CUSTOMER’S USE OF THE PLATFORM ASSETS DURING THE FREE EVALUATION PERIOD OR BETA PROGRAM USAGE WILL MEET CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS, OR THAT ANY DATA PROVIDED DURING THE FREE EVALUATION PERIOD WILL BE ACCURATE. THE FOREGOING LI...
DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES THE DATA SHARING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION.
DISCLAIMER OF WARRANTY AND LIABILITY. THE INFORMATION, IF RELEASED ------------------------------------ TO A LICENSEE HEREUNDER, IS BEING PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFORMATION, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR THE INFORMATION.
DISCLAIMER OF WARRANTY AND LIABILITY. NORTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE CD-ROM, CD-ROM SOFTWARE, CD-ROM DOCUMENTATION OR ANY INFORMATION CONTAINED ON ANY OF THE FOREGOING OR ANY RESULTS OR CONCLUSIONS REACHED BY BUYER AS A RESULT OF ACCESS TO OR USE THEREOF, OR WITH RESPECT TO ANY OTHER MATTER OR SERVICE PROVIDED BY NORTEL, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. NORTEL SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ANY SUCH DAMAGES WHICH MAY ARISE OUT OF THE USE OF OR INABILITY TO USE OR ACCESS THE CD-ROM, THE CD-ROM SOFTWARE, THE CD-ROM DOCUMENTATION, AND FURTHER INCLUDING LOSS OF USE, REVENUE, PROFITS OR ANTICIPATED SAVINGS REGARDLESS OF HOW SUCH DAMAGES MAY HAVE BEEN CAUSED ARISING FROM THE USE OF OR INABILITY TO USE OR ACCESS THE CD-ROM, CD-ROM SOFTWARE, OR CD-ROM DOCUMENTATION.
DISCLAIMER OF WARRANTY AND LIABILITY. 4.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPPERFECT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH YOU, THE LICENSEE.
DISCLAIMER OF WARRANTY AND LIABILITY. Your use and browsing of this Website is at your own risk. All information, content, materials, products and services included on or otherwise made available to you through this Website are provided to you on an "AS IS" AND "AS AVAILABLE" BASIS. WIFT-T MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN REGARD TO THE INFORMATION, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THROUGH YOUR USE OF THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF ANY PRODUCTS MADE AVAILABLE ON THIS WEBSITE AT ANY TIME, AND YOUR RELIANCE ON INFORMATION PRESENTED ON THE WEBSITE IS AT YOUR SOLE RISK, TO THE FULLEST EXTENT OF THE APPLICABLE LAW. WIFT WILL NOT BE LIABLE FOR ANY RESULTING DAMAGES FROM THE USE OF THE WEBSITE AND FROM PRODUCTS AND/OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY AND LIABILITY. 11.1 The Parties will perform the Study in accordance with the Protocol and the terms of the Agreement. However, no Party promises success in achieving any particular result. Except as expressly provided in the Agreement, no Party gives any warranty whatsoever, express or implied, as to any matter, including, without limitation, as to the results of the Study or regarding Confidential Information that a Party may disclose to another Party. No Party will be responsible for any lost profits, lost opportunities, or other indirect or consequential damages suffered by any other Party as a result of the conduct of the Study or the performance of the Agreement.
DISCLAIMER OF WARRANTY AND LIABILITY. (a) nCipher shall not be liable to any Party for claims, demands or damages whatsoever, including, without limitation, direct, indirect consequential or special damages, arising out of the license or use of the Product hereunder and the use or failure of the Product to operate for whatever reason, regardless of whether the claim or action is based in contract, tort or otherwise. No action, regardless of form, arising out of or in any way connected with the Product or services furnished by nCipher may be brought by the Evaluator more than one (1) year after the cause of action has accrued, or such shorter statutory period as may be applicable. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SHALL HOWEVER LIMIT OR EXCLUDE NCIPHER’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF NCIPHER.
DISCLAIMER OF WARRANTY AND LIABILITY. 6.1. Licensor has used its outmost efforts to ensure that the Software and/or the Chassis will perform substantially and will operate correctly.
