Common use of Disclaimer of Warranty, Limitation of Liability and Exclusive Remedy Clause in Contracts

Disclaimer of Warranty, Limitation of Liability and Exclusive Remedy. Notwithstanding anything to the contrary in the applicable Order or this Agreement: a. THE DEVELOPMENT PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. BMC, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE DEVELOPMENT PLATFORM WILL SATISFY CUSTOMER’S REQUIREMENTS, THAT THE DEVELOPMENT PLATFORM IS WITHOUT DEFECT, VIRUS OR ERROR FREE, WITHOUT DELAY, OR THAT THE OPERATION OF THE DEVELOPMENT PLATFORM WILL BE UNINTERUPTED. BMC, ITS AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, MADE WITH RESPECT TO THE DEVELOPMENT PLATFORM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE AND INFORMATION CONTENT; AND b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DEVELOPMENT PLATFORM (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EITHER PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE DEVELOPMENT PLATFORM, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, IS LIMITED TO $100.

Disclaimer of Warranty, Limitation of Liability and Exclusive Remedy. Notwithstanding anything to the contrary in the applicable Order or this Agreement: a. THE DEVELOPMENT PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. BMC, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE DEVELOPMENT PLATFORM WILL SATISFY CUSTOMER’S REQUIREMENTS, THAT THE DEVELOPMENT PLATFORM IS WITHOUT DEFECT, VIRUS OR ERROR FREE, WITHOUT DELAY, OR THAT THE OPERATION OF THE DEVELOPMENT PLATFORM WILL BE UNINTERUPTED. BMC, ITS AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, MADE WITH RESPECT TO THE DEVELOPMENT PLATFORM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-NON- INTERFERENCE AND INFORMATION CONTENT; AND b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DEVELOPMENT PLATFORM (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. EITHER PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DEVELOPMENT PLATFORM, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, IS LIMITED TO $100.

Disclaimer of Warranty, Limitation of Liability and Exclusive Remedy. Notwithstanding anything to the contrary in this Contract or the applicable Order or this Agreement: a. THE DEVELOPMENT PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. BMC, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE DEVELOPMENT PLATFORM WILL SATISFY CUSTOMER’S REQUIREMENTS, THAT THE DEVELOPMENT PLATFORM IS WITHOUT DEFECT, VIRUS OR ERROR FREE, WITHOUT DELAY, OR THAT THE OPERATION OF THE DEVELOPMENT PLATFORM WILL BE UNINTERUPTED. BMC, ITS AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, MADE WITH RESPECT TO THE DEVELOPMENT PLATFORM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-NON- INTERFERENCE AND INFORMATION CONTENT; AND b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DEVELOPMENT PLATFORM (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. EITHER PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DEVELOPMENT PLATFORM, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, IS LIMITED TO $100.

Disclaimer of Warranty, Limitation of Liability and Exclusive Remedy. Notwithstanding anything to the contrary in the applicable Order or this Agreement: a. THE DEVELOPMENT PLATFORM BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. BMCFBO, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE DEVELOPMENT PLATFORM ANY BETA SERVICE WILL SATISFY CUSTOMER’S REQUIREMENTS, THAT THE DEVELOPMENT PLATFORM ANY BETA SERVICE IS WITHOUT DEFECT, VIRUS ERROR FREE OR ERROR FREE, WITHOUT DELAY, OR THAT THE OPERATION OF THE DEVELOPMENT PLATFORM ANY BETA SERVICE WILL BE UNINTERUPTED. BMCFBO, ITS AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, MADE WITH RESPECT TO THE DEVELOPMENT PLATFORMBETA SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT; AND b. NEITHER PARTY SHALL BE LIABLE FBO DISCLAIMS AND REJECTS ANY LIABILITY TO THE CUSTOMER, OR ANY OTHER PARTYINDIVIDUAL OR ENTITY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DEVELOPMENT PLATFORM BETA SERVICE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF THE OTHER PARTY FBO HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. EITHER PARTYFBO’S ENTIRE LIABILITY AND THE OTHER PARTYCUSTOMER’S EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DEVELOPMENT PLATFORMBETA SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO LICENSE THE APPLICABLE BETA SERVICE OR $100. c. If a third party asserts a claim against FBO asserting that the Customer Data or Customer’s use of the Beta Service in violation of this Agreement violates that third-party’s patent, trade secret or copyright rights, or otherwise xxxxx the third party (“Claim”), Customer will, at its own expense: (i) defend or settle the Claim; and (ii) indemnify FBO for any damages finally awarded against FBO based on the Claim.