Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWARE, EXPRESS, AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION OF LIABILITY. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, EVEN IF YAMAHA OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") may be attached to the SOFTWARE. If, in the written materials or the electronic data accompanying the Software, Yamaha identifies any software and data as THIRD PARTY SOFTWARE, you acknowledge and agree that you must abide by the provisions of any Agreement provided with the THIRD PARTY SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l not provide you with any service or maintenance as to the THIRD PARTY SOFTWARE. Yamaha is not liable to you or any other person for any damages, including, without limitation, any direct, indirect, incidental or...
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind, and Phase One expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Phase One does not warrant or make any representations regarding the use or the results of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Phase One or its authorized representative shall create a warranty. Should the Software prove defective, you (and not Phase One or a Phase One authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion so this limitation may not apply to you.
Disclaimer of Warranty on Software. 6.1 You expressly acknowledge and agree that use of the Software is at your sole risk.
6.2 The Software is provided “AS IS” and without warranty of any kind and Capture One expressly disclaims all representations and warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Capture One does not warrant or make any representations regarding the use of or the results of use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Capture One or its authorized representative shall create a warranty. Should the Software prove defective, you (and not Capture One or a Capture One authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion, so this limitation may not apply to you.
Disclaimer of Warranty on Software. Use of the software is at your sole risk. The software and related documentation are provided without warranty of any kind. It is the user’s responsibility to ensure that any upgrades, selling prices or any other changes are current and relevant. HBS shall not be responsible for any errors resulting from the use of the software. You are responsible to verify the accuracy of all outputs which may include: ▪ Cutting lists ▪ Material lists ▪ Quotations ▪ Any other software related documentation If the software should prove to be defective, the only responsibility assumed by HBS will be to replace the software.
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind and Capture One expressly disclaims all representations and warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Capture One does not warrant or make any representations regarding the use of or the results of use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Capture One or its authorized representative shall create a warranty. Should the Software prove defective, you (and not Capture One or a Capture One authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion so this limitation may not apply to you.
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NMDA does not warrant that the functions contained in the Software will meet your require- ments, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Furthermore, NMDA does not warrant or make any representation regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. Should the Software prove defective, you (and not NMDA or a NMDA authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring NMDA products otherwise than in the course of a business; neither do they limit or exclude any liability for death or personal injury caused by NMDA’s negligence.
Disclaimer of Warranty on Software. (for the purposes of paragraphs 9 and 10 hereof, Network-1, the directors, officers, employees, agents and representatives of Network-1, and Network-1's Licensors are collectively referred to as "Network-1"). You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind. NETWORK-1 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETWORK-1 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, NETWORK-1 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETWORK-1 OR A NETWORK-1 AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NETWORK-1 OR A NETWORK-1 AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY IN PARAGRAPH 8 DO NOT LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NETWORK-1'S NEGLIGENCE.
Disclaimer of Warranty on Software. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All other limitations, warranties and disclaimers contained in SEDAR Form 2 apply to the Software.
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind and Capture One expressly disclaims all representations and warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Capture One does not warrant or make any representations regarding the use of or the results of use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Capture One or its authorized representative shall create a warranty. Should the Software prove defective, you (and not Capture One or a Capture One authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion, so this limitation may not apply to you. Availability, Maintenance, and Data Capture One intends that the Software shall be available to the Licensee 24 hours each day, 365 days a year, except when Capture One is performing maintenance on the Software. Capture One does not guarantee any minimum availability. This is subject to the Licensee observing any requirements as to it-systems, communication capabilities and similar required for the Software to function properly, as set out by Capture One from the time to time. Capture One intends for all Content uploaded to COL to be available during the License Term. However, Capture One makes no guarantees in respect of the integrity or retention of Content uploaded to COL, and COL shall not be regarded as a backup solution. Capture One shall not be liable for any loss of Content. Consequently, the Licensee is encouraged ensure to perform backup of the Licensee’s images and other content, including the Content uploaded to COL, locally or with dedicated cloud backup solutions. Support Capture One shall provide support for the Software as set out in this section. Capture One’s support includes: Submission of issues relating to the Software, i.e. bugs, errors or other situations where the Software does not work as intended or in accordance with any accompanying documentation; Status of issues previously submitted by the Licensee; Capture One’s suggestion for a temporary workaround until the issue has been resolved; and Advice and guidance on the use of the Software, if such is not already covered by any accompanying documentati...
Disclaimer of Warranty on Software. 4.1 You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided “AS IS” and without warranty of any kind, and Phase One expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Phase One does not warrant or make any representations regarding the use or the results of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise.
4.2 No oral or written information or advice given by Phase One or its authorized representative shall create a warranty or entail any limitation in the disclaimer set out in this section 4 (Disclaimer of Warranty on Software).
4.3 Should the Software prove defective, you (and not Phase One or a Phase One authorized representative) assume the entire cost of all necessary servicing, repair or correction.
