Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 13 contracts

Samples: And Certain Applications, web.liferay.com, License Agreement

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DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HGS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 9 contracts

Samples: License Agreement, License Agreement, License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 8 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE SOFTWARE IS PROVIDED AND UNITS OF THE LICENSED "AS IS" WITHOUT WARRANTY PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE WILL ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREREPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE SOFTWARE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUTE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESSLY DISCLAIMED.

Appears in 7 contracts

Samples: Licensed Publisher Agreement (Take Two Interactive Software Inc), Licensed Publisher Agreement (Conspiracy Entertainment Holdings Inc), Licensed Publisher Agreement (Bam Entertainment Inc)

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES ARE PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, OR BEING UP-TO-DATE. ANY USAGE OF THE WEBSITES IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SOFTWARE IS WEBSITES, THE ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE WEBSITES, OR ANY OTHER MATERIAL PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF BY ANY KINDLINK TO ANOTHER WEBSITE OR SERVICE, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW, BUT NOT LIMITED TOCUSTOM, THE IMPLIED PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLELIKELY-RESULT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE WEBSITES WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, AND SUCH IMPLIED WARRANTIESOR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER. We will make efforts to run the Websites efficiently and accessible at all times. However, ANY OTHER WARRANTIESthe Websites’ operation is dependent upon various factors such as software, REPRESENTATIONShardware, CONDITIONS AND TERMSand communication networks. By their nature, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTEthese factors are not fault free. We do not warrant that the Websites will operate in an uninterrupted or error-free manner, COMMON LAWor that the Websites will always be available, COURSE OF DEALINGfree from all harmful components, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWor that at all times the Websites will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including but not limited to, hardware failures, software failures and software communication failures, originating either in us or any other service provider. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,Such incidents will not be considered as a breach of the Terms.

Appears in 7 contracts

Samples: Bioevents Terms of Use, Bioevents Terms of Use, Bioevents Terms of Use

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS SERVICES ARE PROVIDED AND LICENSED "AS IS" ” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED AND (2) NORTONLIFELOCK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , NORTONLIFELOCK MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE FOREGOING DISCLAIMERSERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, MANUFACTURED NORTONLIFELOCK MAKES NO REPRESENTATION OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.

Appears in 6 contracts

Samples: www.nortonlifelock.com, License and Services Agreement, License and Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CROWNTV AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE OR ANY EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE (“EQUIPMENT”). CROWNTV AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE OR EQUIPMENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SOFTWARE OR EQUIPMENT WILL MEET USER’S 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 USER THROUGH THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE ADDITIONAL COSTS INCURRED TO USE THE SOFTWARE OR EQUIPMENT WILL NOT EXCEED A CERTAIN AMOUNT OF MONEY, OR (G) THE SOFTWARE, EQUIPMENT OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE AND EQUIPMENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-FRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED LAW BY CROWNTV AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ITS LICENSORS.

Appears in 6 contracts

Samples: www.crowntv-us.com, www.crowntv-us.com, www.crowntv-us.com

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 5 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, /N SOFTWARE SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE LICENSED SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY /N SOFTWARE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS INFORMATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWADVICE. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFURTHER, THE LICENSED SOFTWARE IS NOT SPECIFICALLY FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) SUCH AS IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). /N SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Appears in 5 contracts

Samples: User Licensing Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 4 contracts

Samples: License Agreement, Terms and Conditions For, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES NOT WARRANT TO THE EXTENT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE ANY OF THE SOFTWARE WILL SAME CANNOT BE UNINTERRUPTED EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ERROR FREE, (III) WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE EXPRESS WARRANTY PERIOD REFERRED TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION"LIMITED WARRANTY" SECTION ABOVE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERBECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 4 contracts

Samples: Purposes of the Agreement, Purposes of the Agreement, Purposes of the Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 4 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN CERTAIN ACCESS TO THE GENERALITY ASSETS TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Magnum Hunter Resources Corp), Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 4 contracts

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

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL XXXXXX CONTROLS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, AND PRODUCTION OR DELIVERY OF THE SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT EVEN IF XXXXXX CONTROLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH IMPLIED WARRANTIESDAMAGES, OR FOR ANY CLAIM BY ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWPARTY. LIFERAY XXXXXX CONTROLS DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT (I) MAY BE OBTAINED BY USING THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE PRODUCT. XXXXXX CONTROLS ASSUMES NO LIABILITY FOR DAMAGES CONSEQUENT TO USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) PRODUCT. THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE PRODUCT IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED DESIGNED FOR A LEVEL OF RELIABILITY FOR USE IN (1) FACILITIES LIFE SUPPORT OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCECRITICAL APPLICATIONS. USE AND VERIFICATION OF THE SOFTWARE PRODUCT IN SUCH APPLICATION IS THE SOLE RESPONSIBILITY OF THE END USER. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO (A) YOU. THE PLANNINGWARRANTY AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, CONSTRUCTIONORAL OR WRITTEN, MAINTENANCE, CONTROL, EXPRESSED OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,IMPLIED.

Appears in 4 contracts

Samples: License Agreement, License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 4 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 7.1 — 7.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 3 contracts

Samples: Smarsh Service Agreement, Smarsh Service Agreement, Smarsh Service Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 3 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Software License Agreement Terms And

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 3 contracts

Samples: Master Terms, Master Terms, Master Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "ON AN 'AS IS" ' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE VIRUSES OR THAT OPERATION OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED SERVICE AND ANY MATERIAL OR ERROR FREESERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE RESULTS OBTAINED FROM EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. (viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCESERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (ACONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE PLANNINGUSE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION SO SOME OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: Master Electronic Banking Service Agreement, Master Electronic Banking Service Agreement, Master Electronic Banking Service Agreement

DISCLAIMER OF WARRANTY. TO LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE IS AT LICENSEE’S OWN RISK AND THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDWARRANTIES OR CONDITIONS WHATSOEVER. HANDSONCODE EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY HANDSONCODE DOES NOT WARRANT THAT (I) THE SOFTWARE AND ITS FUNCTIONALITY, RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS, (II) LICENSEE’S REQUIREMENTS OR THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) . LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. LICENSEE UNDERSTANDS THAT THE SOFTWARE MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY LICENSEE TO PROPERLY USE THE SOFTWARE. LICENSEE ASSUMES FULL RESPONSIBILITY FOR ANY USE OF THE SOFTWARE. WITHOUT LIMITING SOFTWARE AND BEARS THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED ENTIRE RISK FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SUCH ERROR AND FAILURES.

Appears in 3 contracts

Samples: General Software License Terms, General Software License Terms, General Software License Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY NV5GS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFOR-MATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY PRACTICE, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 2 contracts

Samples: Telehealth Consent Agreement, Telehealth Consent Agreement

DISCLAIMER OF WARRANTY. 9.1 TO THE MAXIMUM EXTENT PERMITTED ALLOWABLE BY APPLICABLE LAW, THE SOFTWARE EXPRESS WARRANTY ABOVE EXCLUDES, AND IS PROVIDED AND LICENSED "AS IS" WITHOUT IN LIEU OF, ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. All applicable warranties are contingent upon the proper use in the application for which the Seed was intended and does not cover Seed which has been modified in any manner (including, but not limited to, insecticide or fungicide seed treatment, in-furrow fertilizers, biologicals or micronutrient products of any kind not provided directly by or otherwise approved by Corteva) or which have been subjected to improper storage, abuse, misuse, alteration or neglect. CORTEVA DOES NOT MAKE ANY KINDREPRESENTATIONS, EITHER EXPRESSED WARRANTIES OR IMPLIEDRECOMMENDATIONS CONCERNING ANY SEED OR PRODUCT NOT COVERED BY THIS TUA (“THIRD-PARTY PRODUCT”), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NONTHIRD-INFRINGEMENT AND FITNESS PARTY PRODUCT THAT IS LABELED FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY USE ON PIONEER BRAND SEED OR OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWCORTEVA AGRISCIENCE PRODUCTS. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) XXXXXXX SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED THIRD-PARTY PRODUCT WITH PIONEER BRAND SEED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONOTHER CORTEVA AGRISCIENCE PRODUCTS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED ALL QUESTIONS AND COMPLAINTS ARISING FROM THE USE OF THIRD-PARTY PRODUCT SHOULD BE DIRECTED TO THE SOFTWARECOMPANIES PROVIDING OR PRODUCING SUCH THIRD-PARTY PRODUCT. WITHOUT LIMITING THE GENERALITY ANY REPRESENTATION OR WARRANTY RELATED TO ANY CORTEVA PESTICIDE PRODUCT IS LIMITED SOLELY TO ANY REPRESENTATIONS OR WARRANTES MADE AS PART OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION SALE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SUCH CORTEVA PESTICIDE PRODUCT.

Appears in 2 contracts

Samples: Agriscience Technology Use Agreement, Agriscience Technology Use Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS) AND TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED INSIGHTSOFTWARE AND LICENSED "AS IS" WITHOUT WARRANTY ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ---------------------- PARAGRAPH (4)(a), THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS MAKES ANY KINDWARRANTY, EITHER EXPRESSED OR IMPLIED, CONCERNING THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH THIS CUSTOMER AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH PURPOSE OR ANY IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAWWARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE COURSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREPERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS WARRANTS THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THEY WILL BE ACCURATE OR ERROR-FREE. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE OR USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LICENSOR AND LICENSOR'S SUPPLIERS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM THE USE OF, OR ANY ERROR OR OMISSION IN, THE SOFTWARE IS OR ANY ACTION TAKEN OR NOT SPECIFICALLY DESIGNEDTAKEN BASED ON THE SOFTWARE OR OTHERWISE FROM ANY CAUSE WHATSOEVER, MANUFACTURED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR INTENDED IN TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL LICENSOR OR LICENSOR'S SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR USE IN (1) FACILITIES ANY LOSS OF BUSINESS OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEOTHER CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGPUNITIVE, CONSTRUCTION, MAINTENANCE, CONTROLINCIDENTAL, OR DIRECT OPERATION INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES THAT (i) LICENSOR AND LICENSOR'S SUPPLIERS SHALL NOT HAVE ANY LIABILITY TO CUSTOMER UNDER THIS CUSTOMER AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, AND (ii) IT SHALL LOOK SOLELY TO LICENSOR AND NOT TO ANY OF NUCLEAR FACILITIESLICENSOR'S SUPPLIERS, (B) AIRCRAFT NAVIGATIONCORPORATE AFFILIATES, CONTROL SHAREHOLDERS, DIRECTORS OR COMMUNICATION SYSTEMSEMPLOYEES, WEAPONS SYSTEMS,FOR ANY SUIT, CLAIM, OR RELIEF IN CONNECTION WITH THE SOFTWARE OR THIS CUSTOMER AGREEMENT. IN NO EVENT SHALL LICENSOR BE LIABLE TO CUSTOMER FOR MORE THAN THE FEE PAID BY CUSTOMER TO LICENSOR.

Appears in 2 contracts

Samples: Distribution Agreement (Satyam Infoway LTD), Distribution Agreement (Satyam Infoway LTD)

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 2 contracts

Samples: Liferay Portal Enterprise Edition and Certain Applications, License Agreement

DISCLAIMER OF WARRANTY. THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 9 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY XXXXXXXXX IN CONNECTION WITH THE XXXXXXXXX SOFTWARE, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE XXXXXXXXX SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTIES IN SECTION 9 OF THIS AGREEMENT, XXXXXXXXX DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE XXXXXXXXX SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDOR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. XXXXXXXXX PROVIDES NO WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, REPRESENTATIONS OR CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE XXXXXXXXX SOFTWARE WILL MEET YOUR REQUIREMENTSOPERATE ERROR FREE OR FREE FROM INTERRUPTION, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED VIRUSES OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHER HARMFUL COMPUTER CODE.

Appears in 2 contracts

Samples: Information Manager Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. PRODUCT IS DEEMED ACCEPTED BY YOU UPON ACCEPTANCE OF THIS XXXX. THE PRODUCT IS PROVIDED \"AS IS\" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED LICENSOR AND LICENSED "AS IS" ITS SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION ANY IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT, ANY OTHER WARRANTIESINTERFERENCE, REPRESENTATIONS, CONDITIONS INFORMATIONAL CONTENT AND TERMS, EXPRESS SYSTEM INTEGRATION. THE ENTIRE RISK ARISING OUT OF THE USE OR IMPLIED (PERFORMANCE OF THE PRODUCT AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE DOCUMENTATION REMAINS WITH YOU. THIS DISCLAIMER OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWWARRANTY IS AN ESSENTIAL PART OF THIS XXXX. LIFERAY DOES LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, (II) REQUIREMENTS OR THAT THE USE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF AN IMPLIED WARRANTY, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BY JURISDICTION.

Appears in 2 contracts

Samples: License Agreement, User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES HAZARDOUS OR CRITICAL ENVIRONMENTS OR IN ACTIVITIES REQUIRING FAILSAFE PERFORMANCEEMERGENCY OR FAIL-SAFE OPERATION, INCLUDING BUT NOT LIMITED SUCH AS APPLICATIONS TO (A) SUPPORT OR SUSTAIN LIFE, THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMSSYSTEMS OR IN ANY OTHER APPLICATIONS OR ACTIVITIES IN * * * Indicates that confidential treatment has been sought for this information. 93 WHICH FAILURE OF THE SOFTWARE MAY POSE THE RISK OF ENVIRONMENTAL HARM OR PHYSICAL INJURY OR DEATH (“DANGEROUS APPLICATIONS”). BLUEARC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY DANGEROUS APPLICATION, WEAPONS SYSTEMS,AND ANY SUCH USE SHALL BE AT CUSTOMER’S SOLE RISK. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO THE SOFTWARE WHICH RESULTS FROM ACCIDENT, ABUSE, MISUSE, THIRD PARTY PRODUCTS, NATURAL OR PERSONAL DISASTER, OR ANY UNAUTHORIZED DISASSEMBLY, REPAIR OR MODIFICATION OR ANY FAILURE TO MAINTAIN AND USE THE SOFTWARE IN A MANNER CONSISTENT WITH ITS PURPOSE AND THE DOCUMENTATION AND INSTRUCTIONS FROM BLUEARC. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THIS WARRANTY SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF BLUEARC AND ITS SUPPLIERS WITH RESPECT TO BREACH OF WARRANTY, AND THE WARRANTIES SET FORTH OR LIMITED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WARRANTY PERIOD. Limitation of Liability. NEITHER BLUEARC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, CONDITIONAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), EVEN IF BLUEARC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUEARC’S CUMULATIVE LIABILITY FOR ALL CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT AND/OR SALE OR PROVISION OF THE SOFTWARE (INCLUDING UNDER ANY WARRANTY EXTENDED IN CONNECTION THEREWITH) SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THIS LIABILITY LIMIT IS CUMULATIVE AND NOT PER INCIDENT.

Appears in 2 contracts

Samples: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)

DISCLAIMER OF WARRANTY. (a) NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS, LICENSORS, OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ACTIVESTATE AND ITS SUPPLIERS, LICENSORS, AND RESELLERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UPDATES, UPGRADES, SUPPLEMENTS, PRODUCTS, APPLIANCES, SYSTEM INTEGRATION, DATA ACCURACY AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS ITEMS PROVIDED HEREUNDER. ACTIVESTATE MAKES NO WARRANTY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO GUARANTEE THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, ERROR-FREE, (III) OR VIRUS-FREE, OR THAT THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONNEED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ASSUME THE RESULTS OBTAINED FROM THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY THIS DISCLAIMER OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTES AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THIS AGREEMENT.

Appears in 2 contracts

Samples: Activestate® Community Edition License Agreement, Activestate® Community Edition License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 2 contracts

Samples: www.cisco.com, www.cisco.com

DISCLAIMER OF WARRANTY. THIS AGREEMENT IS MADE WITHOUT ANY WARRANTY OF TITLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLEASE(S). CHEVRON DOES NOT WARRANT EITHER EXPRESS, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED STATUTORY OR IMPLIED, AS TO TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE CHEVRON LEASE(S), AND ALL OTHER PROPERTY COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOTO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY THE PARTIES HEREUNDER, OR ANY OTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST CHEVRON WHATSOEVER, EVEN AS TO THE RETURN OF CONSIDERATION. CHEVRON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING COMPANY'S RIGHT OF INGRESS TO AND EGRESS FROM THE CHEVRON LEASE(S) ACROSS ADJACENT OR ADJOINING LANDS. CHEVRON SPECIFICALLY DISCLAIMS, AND COMPANY EXPRESSLY WAIVES THE IMPLIED WARRANTY OF QUALITYTITLE NOTED IN LA. R. S. 31:120 WITH RESPECT TO THE CHEVRON LEASE(S). COMPANY ACKNOWLEDGES THAT THIS EXPRESS WAIVER WILL BE CONSIDERED A MATERIAL AND INTEGRAL PART OF THIS AGREEMENT AND PART OF THE CONSIDERATION GIVEN THEREFOR. COMPANY FURTHER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY BROUGHT TO COMPANY'S ATTENTION AND THAT COMPANY HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER. THE PARTIES AGREE TH, MERCHANTABILITY, FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT CHEVRON AT THEIR AFFILIATES WILL BE CONSIDERED AS THE SELLER HEREUNDER AND FITNESS FOR COMPAI EXPRESSLY WAIVES ALL RIGHTS OF SUBROGATION IN WARRANTY OF THE SELLER AGAIN OTHER PERSONS GRANTED TO A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BUYER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWLOUISIANA CIVIL CODE ARTICLE 2503. LIFERAY DOES NOT WARRANT COMPANY ACKNOWLEDGES THAT (Ii) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IT IS A SOPHISTICATED INVESTOR AND OPERATOR IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE OIL AND GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE ITS PARTICIPATION THIS AGREEMENT IS A HGHLY RISKY UNDERTAKING AND THAT COMPANY MIGHT NOT RECOVER ANY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ITS INVESTMENT MADE HEREUNDER.

Appears in 2 contracts

Samples: Exploration Participation Agreement (Ridgewood Energy U Fund LLC), Exploration Participation Agreement (Ridgewood Energy P Fund LLC)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER PARTY MAKES, NOR EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY KINDOTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, PARTICIPANT ACKNOWLEDGES AND AGREES THAT INDISOFT MAKES NO WARRANTIES AS TO THE NUMBER OF FORECLOSURE ALTERNATIVE APPLICATIONS THAT MAY BE MADE AVAILABLE UNDER THIS AGREEMENT OR AS TO THE RESULTS THAT MAY BE OBTAINED AS A CONSEQUENCE OF ANY FORECLOSURE ALTERNATIVE APPLICATION OR FROM UTILIZATION OF THE SYSTEM OR INDISOFT MATERIALS. THE SYSTEM, INDISOFT DATA, AND SUCH IMPLIED WARRANTIESINDISOFT MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS- AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SHALL NOT CONSTITUTE COMPLIANCE WITH ANY LAW OR BY ITSELF (IN THE FORM PROVIDED BY INDISOFT) SERVE AS THE SOLE BASIS FROM WHICH TO MAKE A DECISION CONCERNING RATES, FEES, MORTGAGES, OR LOAN MODIFICATIONS OR OTHER FORECLOSURE ALTERNATIVE APPLICATION. IN ADDITION, INDISOFT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE WARRANTY THAT ITS SERVICES OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE DATA WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU FREE OF VIRUSES OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONOTHER HARMFUL PROGRAMMING, OR AVAILABLE ON AN UNINTERRUPTED BASIS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY USE BY PARTICIPANT OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERSYSTEM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLINDISOFT DATA, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,INDISOFT MATERIALS IS SOLELY AT PARTICIPANT'S OWN RISK.

Appears in 2 contracts

Samples: Counselor and Authorized Third Party Participation Agreement, Limited License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE IS AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR SOFTWARE WILL HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICES AND SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND SOFTWARE IS ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDXXXXXXXXX MAKES NO WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HASHICORP DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SOFTWARE, SUPPORT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE OR THAT HASHICORP WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 6.1, USER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 6.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, USER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. USER’S EXCLUSIVE REMEDY AND XXXXXXXXX’S ENTIRE LIABILITY FOR BREACH OF SECTION 6.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HASHICORP REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESIF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,USER MAY TERMINATE THE RELEVANT LICENSE AND SUPPORT SUBSCRIPTIONS.

Appears in 2 contracts

Samples: Time and Materials Services Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Liferay Developer Studio, Liferay Diagnostic

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLERS EXPRESSLY DISCLAIM AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATE ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLERS THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, THE RESULTS OBTAINED FROM PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE USE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLERS THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.), Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDXXXXXXXXX MAKES NO WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HASHICORP DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SOFTWARE, SUPPORT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE OR THAT HASHICORP WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 7.1, CUSTOMER’S EXCLUSIVE REMEDY AND XXXXXXXXX’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HASHICORP REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT LICENSE AND SUPPORT SUBSCRIPTIONS AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE TERMINATION.

Appears in 2 contracts

Samples: Enterprise Software License Agreement, Enterprise Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE, AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL- SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 2 contracts

Samples: Smarsh Service Agreement, Smarsh Service Agreement

DISCLAIMER OF WARRANTY. 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND NEITHER COUCHBASE, ANY OF ITS AFFILIATES OR LICENSORS (COLLECTIVELY, THE “COUCHBASE PARTIES”) REPRESENT OR WARRANT THAT THE SOFTWARE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO TRADE. THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES COUCHBASE PARTIES DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED MANUFACTURED, OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEFAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SIGNIFICANT PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ENVIRONMENTAL DAMAGE.

Appears in 2 contracts

Samples: Enterprise Subscription License Agreement, Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Software is deemed accepted by you. The SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INFOSPACE, INCLUDINGINC. FURTHER DISCLAIMS ALL WARRANTIES, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT IN NO EVENT SHALL INFOSPACE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (IINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESOFTWARE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONEVEN IF INFOSPACE, INC. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE GENERALITY EXCLUSION OR LIMITATION OF THE FOREGOING DISCLAIMERLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 2 contracts

Samples: Software Marketing and Distributorship Agreement (Viador Inc), Software Marketing and Distributorship Agreement (Viador Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER ARTICLE 5.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES AS PROVIDED BY PROVIDER ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY PROVIDER DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE PROVIDER TECHNOLOGY OR SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REQUIREMENTS, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT PROVIDER WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE BREACH OF THE SOFTWAREWARRANTIES SET FORTH IN ARTICLE 5.1, COMPANY’S EXCLUSIVE REMEDY, AND PROVIDER'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF PROVIDER CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, OR (C) DIRECT LIFE SUPPORT SYSTEMS. COMPANY AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROVIDER TECHNOLOGY AND SERVICES.

Appears in 2 contracts

Samples: Master Subscription and Support Agreement, Master Subscription and Support Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS AND ANY HARDWARE ARE PROVIDED AND LICENSED "BY RED HAT “AS IS" ” AND WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH . ALL STATUTORY OR IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONSCONSUMER GUARANTEES, CONDITIONS AND TERMSWARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW., EXPRESS LIABILITY UNDER ANY GUARANTEE, CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED, IN THE DISCRETION OF RED HAT, TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN, OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR IMPLIED (CONDITIONS AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT (I) TO THE SOFTWARE WILL MEET YOUR REQUIREMENTSFULLEST EXTENT PERMITTED BY APPLICABLE LAW, (II) THE USE OF THE SOFTWARE WILL LIABILITY UNDER ANY CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE UNINTERRUPTED OR ERROR FREEEXCLUDED IS LIMITED, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE DISCRETION OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERRED HAT, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TO: (A) IN THE PLANNINGCASE OF GOODS, CONSTRUCTIONTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, MAINTENANCETHE REPAIR OF THE GOODS, CONTROLTHE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR DIRECT OPERATION THE PAYMENT OF NUCLEAR FACILITIES, THE COST OF HAVING THE GOODS REPAIRED; AND (B) AIRCRAFT NAVIGATIONIN THE CASE OF SERVICES, CONTROL SUPPLYING THE SERVICES AGAIN, OR COMMUNICATION SYSTEMSPAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Without limiting the generality of the foregoing disclaimer, WEAPONS SYSTEMS,the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED TO LICENSEE AS IS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COGNEX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED WHETHER EXPRESSED, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND SUCH IMPLIED WARRANTIESOF SATISFACTORY QUALITY, ANY OTHER WARRANTIESOF ACCURACY, REPRESENTATIONSOF QUIET ENJOYMENT, CONDITIONS AND TERMSOF RELIABILITY, EXPRESS OF COMPLETENESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, LACK OF VIRUSES; WARRANTIES ARISING FROM A COURSE OF DEALING, DEALING OR USAGE OF TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWAND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIFERAY COGNEX DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE, THAT (I) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE LICENSEE, ITS ORGANIZATION, AND ALL USERS OF THE SOFTWARE. WITHOUT LIMITING , ASSUME ALL RISKS WHEN USING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SOFTWARE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; OR (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; OR (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; AND (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES. WITHOUT LIMITING ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE GENERALITY USE OF THE FOREGOING DISCLAIMER, SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 2 contracts

Samples: Norton Services Terms and Conditions, Norton Services Terms and Conditions

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION 4, THE SOFTWARE IS PROVIDED BY ENGHOUSE AND LICENSED ACCEPTED BY THE CUSTOMER "AS IS" WITHOUT AND ENGHOUSE GIVES TO THE CUSTOMER NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO SOFTWARE OR THE PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY ENGHOUSE DOES NOT WARRANT THAT (I) THE SOFTWARE OR THE OPERATION THEREOF IS OR WILL BE ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET YOUR THE CUSTOMER'S REQUIREMENTS, AND ENGHOUSE GIVES NO IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE AND WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ENGHOUSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS TO THE ADEQUACY OR SUFFICIENCY IN COMPLYING WITH THE TELEPHONE CONSUMER PROTECTION ACT (II) “TCPA”), ANY DECISIONS, DIRECTIONS OR GUIDANCE GIVEN BY OFCOM OR ANY COMMUNICATIONS REGULATORY AUTHORITY IN ANY OTHER APPLICABLE JURISDICTION. THE USE OF CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S EXCLUSIVE LIABILITY TO COMPLY WITH ANY REGULATORY AUTHORITY AND ALL APPLICABLE COMMUNICATIONS LAWS INCLUDING OUTBOUND COMMUNICATIONS AND DO-NOT- CONTACT OBLIGATIONS. IF CUSTOMER PURCHASES OUTBOUND DIALLER SOFTWARE OR SERVICES, THE SOFTWARE WILL PARTIES ACKNOWLEDGE THAT CELL PHONE DATA CONSTANTLY CHANGES AND AS A RESULT MAY NOT BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,.

Appears in 2 contracts

Samples: Enghouse Global End User License Agreement, Enghouse Global End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), AND TO THE MAXIMUM EXTENT FULLY PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED INSIGHTSOFTWARE AND LICENSED "AS IS" WITHOUT WARRANTY ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT EXCEPT FOR SELLER’S SPECIAL WARRANTY OF TITLE AND AS OTHERWISE SET FORTH IN THIS AGREEMENT OR IN THE CONVEYANCES, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE BASE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Pedevco Corp)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" ", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,I)

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY L3HGSI, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT HYLAND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HYLAND DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR FREE, (III) THE OR THAT HYLAND WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 8.1, CUSTOMER’S EXCLUSIVE REMEDY AND XXXXXX’X ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND XXXXXX’X ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HYLAND REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE TERMINATION.

Appears in 2 contracts

Samples: Alfresco Master Agreement, Alfresco Master Agreement

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DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES APPLICABLE TO THE PRODUCT(S) AND/OR SERVICES SET FORTH IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND(A) THERE ARE NO WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT, AND (B) XXXX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND SUCH NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CUSTOMER DATA. UNDER NO CIRCUMSTANCES XXXX XXXX BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CUSTOMER DATA THE EXPRESS LIMITED WARRANTIES REFERENED ABOVE EXTEND SOLELY TO CUSTOMER AND DO NOT INCLUDE ANY TYPE OF ROUTINE MAINTECNANCE SERVICE OR PREVENTATIVE MAINTENANCE SERVICE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO SO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES ABOVE LIMITATION MAY NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,APPLY.

Appears in 2 contracts

Samples: Verity Master Agreement, Verity Master Agreement

DISCLAIMER OF WARRANTY. CONCUR PROVIDES THE PLATINUM MEMBERSHIP LEVEL OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE CONCUR MARKS, LICENSED MATERIALS, ANY OTHER APPLICABLE CONCUR PROPERTY, AND ANY PROGRAM PORTAL THAT MAY EXIST AS OF THE EFFECTIVE DATE OR IN THE FUTURE, "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCUR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TOCONCUR SERVICE, THE PROGRAM, THE CONCUR PROGRAM PORTAL (IF ANY), AND ALL OTHER APPLICABLE CONCUR PROPERTY, WHETHER EXPRESS, IMPLIED WARRANTY OF QUALITYOR STATUTORY, ORAL OR IN WRITING, ARISING UNDER ANY LAW, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS WITH RESPECT TO VALIDITY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, FUNCTIONALITY, PERFORMANCE, ACCURACY, BENEFITS, OR AVAILABILITY AND SUCH IMPLIED WARRANTIES, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE . IN NO EVENT WILL CONCUR BE LIABLE TO PLATINUM ADVISOR OR TO ANY OTHER WARRANTIESINDIVIDUAL OR ENTITY AFILIATED WITH PLATINUM ADVISOR FOR ANY CLAIM, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS LOSS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE DAMAGE ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OPERATION OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERCONCUR SERVICE, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDPROGRAM, MANUFACTURED OR INTENDED FOR USE IN THE CONCUR PROGRAM PORTAL (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLIF ANY), OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHER APPLICABLE CONCUR PROPERTY.

Appears in 2 contracts

Samples: Membership Agreement, www.concur.com

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. CUSTOMER IS RESPONSIBLE FOR ALL USE OF ITEMS ASSOCIATED WITH CUSTOMER’S ACCOUNT IN ALL CIRCUMSTANCES UNDER ANY SCREEN NAME OR PASSWORD USED ON THAT ACCOUNT. IT IS THE SOLE RESPONISBILITY OF THE CUSTOMER TO PROTECT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONFIDENTIALITY OF CUSTOMER’S PASSWORD. COMPANY EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER SERVICE AGREEMENT, THE SOFTWARE IS SERVICE, COMPANY EQUIPMENT AND COMPANY MATERIALS ARE PROVIDED AND LICENSED "AS IS" ,” WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER SERVICE AGREEMENT, COMPANY DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY COMPANY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR AN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND COMPANY DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS DATA ACCURACY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,QUIET ENJOYMENT.

Appears in 2 contracts

Samples: Master Service Agreement Terms And, Master Service Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXPRESS LIMITED WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDINGWITH REGARD TO THE INTELLECTUAL PROPERTY, BUT NOT LIMITED TOSOFTWARE, THE PROFESSIONAL SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR TITLE. FURTHER, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSA SOLUTION, (II) THE USE OF THE SOFTWARE ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE UNINTERRUPTED USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, (III) WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE EXCEPT TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED EXTENT EXPRESSLY SET FORTH IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ALL THIRD-PARTY MATERIALS ARE SOLELY RESPONSIBLE FOR PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETHIRD-PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS THIS AGREEMENT DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLAMEND, OR DIRECT OPERATION OF NUCLEAR FACILITIESMODIFY CENTRALSQUARE’S WARRANTY UNDER ANY AGREEMENT OR ANY CONDITIONS, (B) AIRCRAFT NAVIGATIONLIMITATIONS, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,RESTRICTIONS THEREOF.

Appears in 2 contracts

Samples: Independent Contractor Agreement for Special Services, Centralsquare Solutions Agreement

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS AND AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDHOST MAKES NO OTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESCONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. FURTHER, HOST DOES NOT, EXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, WARRANT, GUARANTEE, OR MAKE ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATIONS REGARDING THE USE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE THE RESULTS OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED HOSTING SERVICES, LICENSED SOFTWARE, AND/OR ERROR FREECUSTOMER CONTENT IN TERMS OF CORRECTNESS, (III) ACCURACY, ACCESSIBILITY, RELIABILITY, OR OTHERWISE. CUSTOMERS ASSUME SOLE RESPONSIBILITY FOR THEIR AND THEIR END USERS’ USE OF THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ACHIEVE CUSTOMERS’ INTENDED RESULTS AND THE RESULTS ACTUALLY OBTAINED FROM THE USE OF THE HOSTING SERVICES. HOST DOES NOT WARRANT THAT THE HOSTING SERVICES, LICENSED SOFTWARE. , AND/OR CUSTOMER CONTENT WILL BE UNINTERRUPTED OR ERROR FREE NOR IS HOST LIABLE FOR THE INABILITY TO ACCESS THE INTERNET INCLUDING, WITHOUT LIMITING LIMITATION, CUSTOMERS’ OR CUSTOMERS END USERS’ USE OR INABILITY TO USE THE GENERALITY HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT, ANY CHANGES THERETO, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CUSTOMER OR CUSTOMER END USER TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES OR USE OF THE FOREGOING DISCLAIMERHOSTING SERVICES, LICENSED SOFTWARE AND/OR CUSTOMER CONTENT. THE LIMITED WARRANTY CONTAINED HEREIN, BUT NOT THE EXCLUSIONS AND WAIVERS OF WARRANTIES CONTAINED HEREIN, SHALL TERMINATE AND BECOME NULL AND VOID TO THE EXTENT THAT ANY BREACH OF SUCH WARRANTY ARISES FROM THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN HOST. CUSTOMERS FURTHER UNDERSTAND AND AGREE THAT CUSTOMERS AND CUSTOMER END USERS SHALL LOOK SOLELY TO THE MANUFACTURER OF ANY THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE PURCHASED OR USED BY CUSTOMERS AND CUSTOMER END USERS IN CONJUNCTION WITH THE HOSTING SERVICES AND/OR CUSTOMER CONTENT SURROUNDING ANY CLAIM THAT SUCH THIRD-PARTY PRODUCT OR THIRD-PARTY SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DEFECTIVE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,INFRINGES ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Travelzoo Inc), Asset Purchase Agreement (Travelzoo Inc)

DISCLAIMER OF WARRANTY. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH IN SECTION 5, THE SOFTWARE IS LICENSED PRODUCTS ARE PROVIDED AND LICENSED "AS TO LICENSEE “AS-IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, EITHER EXPRESSED THAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED EXPRESSLY DISCLAIMED BY LAWLICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. LIFERAY DOES NOT WARRANT LICENSEE ACKNOWLEDGES THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY LICENSEE IS RESPONSIBLE FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND/OR USE OF, AND RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFROM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,LICENSED SOFTWARE.

Appears in 2 contracts

Samples: Enterprise Open End User License Agreement, Enterprise Open End User License Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDINGAT COMMON LAW, BUT NOT LIMITED TOBY STATUTE OR OTHERWISE, RELATING TO THE TITLE OR CONDITION OF THE ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS, INCLUDING (i) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, LATENT OR PATENT; (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO ANY OF QUALITYTHE ASSETS. UPON CLOSING, MERCHANTABILITYIT IS THE EXPRESS INTENTION OF BUYER AND SELLER THAT, TITLEEXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, NON-INFRINGEMENT OR IN THE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND FITNESS FOR A PARTICULAR PURPOSEITEMS AND THE CONDITION OF THE ASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND BUYER WAIVES ANY CLAIM(S) FOR BREACH OF WARRANTY UNDER THE CONVEYANCES, WHICH WERE NOT ASSERTED BY BUYER IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. AS ONE OF ITS CONDITIONS TO CLOSING, BUYER ACKNOWLEDGES, AGREES AND REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH IMPLIED WARRANTIESINSPECTIONS AS BUYER DEEMS APPROPRIATE. FURTHERMORE, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMSREPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (IMPLIED, AND WHETHER IMPLIED IN NO WAY GUARANTEES ANY RATES, FEES OR PRICING RECEIVED OR BARGAINED FOR BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED SELLER WITH ANY THIRD-PARTY RELATED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR KEY FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Midstates Petroleum Company, Inc.)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON- INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 1 contract

Samples: User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT XXXXXXXX MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY ALFRESCO DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR FREE, (III) THE OR THAT ALFRESCO WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 8.1, COMPANY’S EXCLUSIVE REMEDY AND ALFRESCO’S ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF ALFRESCO CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. COMPANY’S EXCLUSIVE REMEDY AND XXXXXXXX’X ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF ALFRESCO REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF ALFRESCO CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE GENERALITY RELEVANT SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE TERMINATION. 8.2

Appears in 1 contract

Samples: Alfresco Master Agreement

DISCLAIMER OF WARRANTY. TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR REPRESENTATIVES, THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, THE SOFTWARE IS RESOURCE CENTRE, THE MATERIALS AND ALL OTHER DATA, INSTRUCTIONS AND INFORMATION PROVIDED BY PUROLATOR IN CONNECTION WITH THE SERVICES AND LICENSED THE RESOURCE CENTRE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDINGAND THAT ANY USE BY YOU AND YOUR REPRESENTATIVES (IF APPLICABLE) IS AT YOUR SOLE RISK. PUROLATOR EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY CONDITIONS, ANY IMPLIED REPRESENTATIONS OR ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT INFRINGEMENT, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY PUROLATOR DOES NOT WARRANT OR REPRESENT THAT (IA) THE SOFTWARE SERVICES, THE RESOURCE CENTRE OR THE MATERIALS WILL MEET ALL OR ANY OF YOUR REQUIREMENTS, ; (IIB) THAT THE USE OPERATION OF THE SOFTWARE SERVICES, RESOURCE CENTRE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, ; (IIIC) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED THAT ANY DEFECT IN THE ACCOMPANYING DOCUMENTATIONSERVICES, THE RESOURCE CENTRE, OR THE MATERIALS WILL BE CORRECTED; OR (D) THAT ITS SYSTEMS WILL NEVER BE INFILTRATED BY HACKERS OR OTHER UNAUTHORIZED USERS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR FURTHERMORE, PUROLATOR DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OBTAINED FROM THE OF YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERSERVICES, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDRESOURCE CENTRE OR THE MATERIALS IN TERMS OF CAPABILITY, MANUFACTURED CORRECTNESS, ACCURACY, RELIABILITY OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHERWISE.

Appears in 1 contract

Samples: Ship Resource Centre Agreement

DISCLAIMER OF WARRANTY. TO 1. THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND DOCUMENTATION IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY COMPANY SPECIFICALLY DOES NOT WARRANT THAT (I) WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE WILL MEET YOUR REQUIREMENTSUSE, (II) OR THE RESULTS OF THE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEDOCUMENTATION IN TERMS OF CORRECTNESS, (III) ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONADVICE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFURTHER, THE LICENSED SOFTWARE IS NOT SPECIFICALLY FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) SUCH AS IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). COMPANY AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 8.1 — 8.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 1 contract

Samples: Smarsh Services Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY ZONE DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY ZONE IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY BILLING ERRORS OR OTHER MATHEMATICAL ERRORS THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZONE SHALL CREATE A WARRANTY. SHOULD THE 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 APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. ZONE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED OBLIGATED TO (A) PROVIDE ANY UPDATES TO THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAW. LIFERAY DOES NOT WARRANT APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND XXXXXXXXX.XX THE EXTENT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE ANY OF THE SOFTWARE WILL SAME CANNOT BE UNINTERRUPTED EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ERROR FREE, (III) WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE EXPRESS WARRANTY PERIOD REFERRED TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER"LIMITED WARRANTY" SECTION ABOVE.BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY IN SUCH STATES.THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 1 contract

Samples: www.cisco.com

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT, INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER AND/OR ITS REPRESENTATIVES WILL HAVE BEEN GIVEN ALL ACCESS TO THE GENERALITY ASSETS THAT BUYER REASONABLY REQUIRES TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND NEITHER COUCHBASE, ANY OF ITS AFFILIATES OR LICENSORS (COLLECTIVELY, THE “COUCHBASE PARTIES”) REPRESENT OR WARRANT THAT THE SOFTWARE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO TRADE. THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES COUCHBASE PARTIES DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED MANUFACTURED, OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEFAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SIGNIFICANT PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN THE CERTIFICATE TO BE DELIVERED BY SELLER TO BUYER AT CLOSING PURSUANT TO SECTION 10.5.1, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS DESCRIBED OTHERWISE SET FORTH IN THIS AGREEMENT, IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CERTIFICATE TO BE DELIVERED BY SELLER TO BUYER AT CLOSING PURSUANT TO SECTION 10.5.1, OR IN THE RESULTS OBTAINED FROM CONVEYANCES, THE USE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING NOTWITHSTANDING THE GENERALITY FOREGOING, IT IS UNDERSTOOD AND AGREED BY SELLER THAT ANY INSPECTIONS OR OTHER DUE DILIGENCE BY BUYER OF THE FOREGOING DISCLAIMERASSETS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, IN THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CERTIFICATE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLBE DELIVERED BY SELLER TO BUYER AT CLOSING PURSUANT TO SECTION 10.5.1, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,IN THE CONVEYANCES.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS AND AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 1 contract

Samples: Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO YOU UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROGRAM IS AT YOUR SOLE RISK. THE MARKETPLACE, THE SOFTWARE IS SITE, PARTNER SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED AND LICENSED "ON AN “AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE SPOONFLOWER AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF THE SOFTWARE WILL BE UNINTERRUPTED ANY KIND WHETHER EXPRESS OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEIMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOONFLOWER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SPOONFLOWER DOES NOT MAKE ANY WARRANTY THAT (A) THE PLANNINGMARKETPLACE, CONSTRUCTION, MAINTENANCE, CONTROLTHE SITE, OR DIRECT OPERATION OF NUCLEAR FACILITIESANY PARTNER SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THESE CHANNELS, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) AIRCRAFT NAVIGATIONTHAT THE PROGRAM WILL BE UNINTERRUPTED, CONTROL TIMELY, SECURE, OR COMMUNICATION SYSTEMSERROR FREE, WEAPONS SYSTEMS,OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR SOLD BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS.

Appears in 1 contract

Samples: External Distribution Agreement

DISCLAIMER OF WARRANTY. CONTINUUM DOES NOT WARRANT THAT CONTINUUM RECOVER WILL MEET MSP’S OR END-CLIENTS’ REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED IN THESE ADDITIONAL TERMS, CONTINUUM RECOVER IS PROVIDED AND LICENSED “AS IS” AND WITH ALL FAULTS. EXCEPT AS STATED IN THESE ADDITIONAL TERMS, THERE ARE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, OR OTHERWISE, REGARDING CONTINUUM RECOVER OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE ADDITIONAL TERMS. UNLESS OTHERWISE STATED IN THESE ADDITIONAL TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED CONTINUUM AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDITS AUTHORIZED REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED INCLUDING WITHOUT LIMITATION ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO, THE IMPLIED WARRANTY OF QUALITY, : MERCHANTABILITY, TITLEDURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, AND SUCH IMPLIED WARRANTIESLACK OF NEGLIGENCE. ALSO, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND EXCEPT AS OTHERWISE STATED IN THESE ADDITIONAL TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO WARRANTY, DUTY, OR CONDITION OF TITLE OR CORRESPONDENCE TO DESCRIPTION. LIFERAY DOES NOT WARRANT THAT (I) THIS IS AN ARM’S LENGTH TRANSACTION AND MSP HAS ENGAGED IN APPROPRIATE DUE DILIGENCE CONCERNING BOTH CONTINUUM AND THE SOFTWARE WILL MEET YOUR REQUIREMENTSLICENSED MATERIAL. CONSEQUENTLY, (II) UNLESS THIS AGREEMENT EXPRESSLY PROVIDES OTHERWISE, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF CONTINUUM RECOVER REMAINS WITH MSP. NO AGREEMENTS VARYING OR EXTENDING THE SOFTWARE FOREGOING WARRANTIES OR LIMITATIONS WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED BINDING ON EITHER PARTY UNLESS IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BOTH PARTIES.

Appears in 1 contract

Samples: Please Read Carefully These Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM FULLEST EXTENT PERMITTED POSSIBLE BY APPLICABLE LAW, GRADUATELAND DOES NOT WARRANT THAT ANY GRADUATELAND SITE OR ANY GRADUATELAND SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GRADUATELAND SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GRADUATELAND SITE OR THE SOFTWARE GRADUATELAND CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GRADUATELAND IS NOT RESPONSIBLE FOR THOSE COSTS. THE GRADUATELAND SITES AND GRADUATELAND CONTENT ARE PROVIDED AND LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND. GRADUATELAND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIFERAY DOES NOT WARRANT THAT (I) GRADUATELAND MAKES NO WARRANTIES ABOUT THE SOFTWARE WILL MEET YOUR REQUIREMENTSACCURACY, (II) THE USE RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEGRADUATELAND CONTENT, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONSERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREIn the case that a job posting at some point is not online, when it was initially supposed to be, the duration of the job posting can be prolonged. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,Money will not be paid back to the customer.

Appears in 1 contract

Samples: www.utnarm.se

DISCLAIMER OF WARRANTY. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” USE OF THE SITE IS AT YOUR SOLE RISK. SOME SITE CONTENT AND SERVICES MAY BE PROVIDED BY THIRD PARTY PRO- VIDERS AND OTHER USERS. DIRECT 1031 EXCHANGE IS ONLY A DISTRIBUTOR OF, NOT A PUBLISHER OF, AND HAS NO EDITORIAL CONTROL OVER SUCH CONTENT. ANY, STATEMENT (OPINION, OFFER, INFORMATION OR OTHER) OR SERVICE GIV- EN OR PROVIDED BY ANY THIRD PARTY (INCLUDING ANY REGISTERED REPRE- SENTATIVE, BROKER/DEALER, MERCHANT, OR LICENSOR) IS THAT OF SUCH PRO- VIDER AND NOT OF DIRECT 1031 EXCHANGE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY DIRECT 1031 EXCHANGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE AND IMPLIED WARRANTY WAR- RANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH- OUT LIMITING THE FOREGOING, NEITHER DIRECT 1031 EXCHANGE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES REPRESENT, GUARANTEE, OR WARRANT (i) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY OPINION, RECOMMENDATION, OR OTHER INFORMATION OBTAINED THROUGH THE SITE OR ANY PROVIDER; (ii) THE AVAILABILITY FOR SALE, RELIABILITY, OR QUALITY OF ANY PROPERTY OR SERVICES OBTAINED THROUGH THE SITE; (iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (iv) UNINTERRUPTED OR SECURE ACCESS TO THIS SITE AND/OR THE SERVICES; OR (v) THAT THE FILES AVAILABLE FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATING OR DESTRUCTIVE COMPUTER CODE. DI- RECT 1031 EXCHANGE HEREBY DISCLAIMS, AND SUCH IMPLIED WARRANTIESYOU HEREBY WAIVE AND RE- LEASE DIRECT 1031 EXCHANGE FROM, ANY OTHER WARRANTIESAND ALL OBLIGATIONS, REPRESENTATIONSLIABILITIES, CONDITIONS AND TERMSRIGHTS, EXPRESS CLAIMS, OR IMPLIED (AND REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR THE PROVIDERS, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED ARIS- ING FROM THE USE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,1031 EX- CHANGE.

Appears in 1 contract

Samples: www.direct1031exchange.com

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER ARTICLES 5.1 AND 5.2, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES AS PROVIDED BY PROVIDER ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY PROVIDER DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE PROVIDER TECHNOLOGY OR SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REQUIREMENTS, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT PROVIDER WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE BREACH OF THE SOFTWAREWARRANTIES SET FORTH IN ARTICLE 5.1, COMPANY’S EXCLUSIVE REMEDY, AND PROVIDER'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF PROVIDER CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, OR (C) DIRECT LIFE SUPPORT SYSTEMS. COMPANY AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROVIDER TECHNOLOGY AND SERVICES.

Appears in 1 contract

Samples: Master Subscription and Support Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 1 contract

Samples: static.nortoncdn.com

DISCLAIMER OF WARRANTY. 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING THAT THE SOFTWARE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUCHBASE, ANY OF ITS AFFILIATES OR LICENSORS (COLLECTIVELY, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND“COUCHBASE PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO TRADE. THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES COUCHBASE PARTIES DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED MANUFACTURED, OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEFAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SIGNIFICANT PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN THE CERTIFICATES TO BE DELIVERED AT CLOSING PURSUANT TO SECTION 10.5.1 OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF LIMITING BUYER’S RIGHTS PURSUANT TO THIS AGREEMENT, SELLERS EXPRESSLY DISCLAIM AND NEGATE ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEASSETS AND ANY PERSONAL PROPERTY, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY ASSETS INCLUDING (i) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE FOREGOING DISCLAIMERPURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDRELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, MANUFACTURED WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLASBESTOS, OR DIRECT OPERATION PROTECTION OF NUCLEAR FACILITIESTHE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLERS THAT, (B) AIRCRAFT NAVIGATIONEXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE CERTIFICATES TO BE DELIVERED AT CLOSING PURSUANT TO

Appears in 1 contract

Samples: Purchase and Sale Agreement (Three Rivers Operating Co Inc.)

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1, THE LICENSED PRODUCT IS LICENSED ON AN “AS IS” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT, THE SOFTWARE IS PROVIDED OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND LICENSED "AS IS" SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR IMPLIED (AND WHETHER IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWUSE OF TRADE. LIFERAY SwRI DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OR OTHER USE OF THE SOFTWARE LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR FREEFREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUPPORT FOR THE LICENSED PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (IIIINCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE NPSS LICENSORS HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING SwRI AND THE GENERALITY NPSS LICENSORS SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTE AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO THE MAXIMUM APPLICATION IS PROVIDED TO LICENSEE BY THE SOFTWARE MANUFACTURER AND THAT FEDEX IS NEITHER PROVIDING THE SOFTWARE NOR CHARGING LICENSEE A FEE FOR USE OF THE APPLICATION. THE APPLICATION IS PROVIDED “AS-IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED FEDEX AND LICENSED "ITS REPRESENTATIVES (AS IS" WITHOUT WARRANTY OF ANY KINDDEFINED IN SECTION 8 BELOW), EITHER EXPRESSED DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS THE WARRANTIES OF NON- INFRINGEMENT OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWQUIET ENJOYMENT. LIFERAY FEDEX DOES NOT WARRANT THAT (I) THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) THE USE ANY OR ALL OF THE SOFTWARE LICENSEE’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREEFREE OR THAT ANY DEFECT WITHIN THE APPLICATION WILL BE CORRECTED. FEDEX DOES NOT WARRANT THAT THE APPLICATION OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, (III) VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE APPLICATION. FURTHERMORE, FEDEX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF LICENSEE’S INSTALLATION OR USE OF THE APPLICATION IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE MANUFACTURER OR AN AUTHORIZED REPRESENTATIVE OF EITHER SHALL CREATE ANY WARRANTY. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU OR APPEAR PRECISELY AS DESCRIBED LICENSEE. IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU EVENT, ANY IMPLIED WARRANTIES ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE USE DATE OF PURCHASE OF THE SOFTWARE. WITHOUT LIMITING HOWEVER, SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM STATE TO STATE/COUNTRY TO COUNTRY.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS XXXX. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDYOUR ACCESS TO AND USE THEREOF, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR AND/OR ARISING FROM A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE DEALING OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TANGENT DOES NOT SPECIFICALLY DESIGNEDGUARANTEE, MANUFACTURED WARRANT OR INTENDED FOR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE IN (1) FACILITIES OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEOTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INCLUDING BUT NOT LIMITED TO (A) INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SOFTWARE.

Appears in 1 contract

Samples: User Licensing Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED SAMSUNG EXPRESSLY DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGIMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, CONSTRUCTIONFITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. FURTHER, MAINTENANCESAMSUNG DOES NOT REPRESENT OR WARRANT, CONTROLAND DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT ANY PORTION OF THE SAMSUNG SERVICE, DEVELOPER TOOLS, DOCUMENTATION AND ANY OTHER SAMSUNG TECHNOLOGY THAT MAY BE PROVIDED BY SAMSUNG UNDER THIS AGREEMENT, IS FREE OF INACCURACIES, ERRORS, BUGS OR INTERRUPTIONS, OR DIRECT OPERATION IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE SAMSUNG SERVICE, DEVELOPER TOOLS, DOCUMENTATION AND ANY OTHER SAMSUNG TECHNOLOGY THAT MAY BE PROVIDED BY SAMSUNG UNDER THIS AGREEMENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF NUCLEAR FACILITIESANY KIND FROM SAMSUNG. IN ADDITION TO SECTION 11, LICENSEE’S UNDERSTANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS SECTION IS THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES AND ACCESS GRANTED UNDER THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY SAMSUNG SERVICE, DEVELOPER TOOLS, DOCUMENTATION OR ANY OTHER SAMSUNG TECHNOLOGY THAT MAY BE PROVIDED BY SAMSUNG UNDER THIS AGREEMENT IS AUTHORIZED UNDER THIS AGREEMENT EXCEPT UNDER THIS DISCLAIMER. 11 Limitation of Liability SUBJECT TO TERMS AND CONDITIONS OF THIS AGREEMENT AND TO THE FULLEST EXTENT ALLOWED AND PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SAMSUNG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE OR ANY THIRD PARTY THROUGH LICENSEE FOR PERSONAL INJURY OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR LICENSEE’S USE OF ANY SAMSUNG SERVICE, DEVELOPER TOOLS, DOCUMENTATION OR ANY OTHER SAMSUNG TECHNOLOGY THAT MAY BE PROVIDED BY SAMSUNG UNDER THIS AGREEMENT, OR LICENSEE’S DEVELOPMENT OF ANY LICENSEE SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (B) AIRCRAFT NAVIGATIONINCLUDING NEGLIGENCE), CONTROL PRODUCT LIABILITY OR COMMUNICATION SYSTEMSOTHERWISE, WEAPONS SYSTEMS,EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION TO SECTION 10, LICENSEE’S UNDERSTANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS SECTION IS THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES AND ACCESS GRANTED UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY SAMSUNG SERVICE, DEVELOPER TOOLS, DOCUMENTATION OR ANY OTHER SAMSUNG TECHNOLOGY THAT MAY BE PROVIDED BY SAMSUNG UNDER THIS AGREEMENT IS AUTHORIZED UNDER THIS AGREEMENT EXCEPT UNDER THIS LIMITATION OF LIABILITY.

Appears in 1 contract

Samples: Developer Tools License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SOFTWARE TH SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE THESERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. WITHOUT LIMITING ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE GENERALITY USE OF THE FOREGOING DISCLAIMER, SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 1 contract

Samples: Nortonlive Services Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON CASE LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY notification pour réaliser le paiement à Liferay des Services applicables fournis par rapport aux Unités sous-déclarées. Si le Client sous-déclare le nombre utilisé d'Unités de plus de cinq pour cent (5 %) par rapport au nombre d'Unités pour lequel il a payé, Liferay facturera également le Client pour xxx xxxxx raisonnables qu’il a engagés dans le cadre de l’audit dans la facture des Unités sous-déclarées. Le Client paiera à Liferay xxx xxxxx ensemble avec les frais pour les Services applicables fournis associés aux Unités sous-déclarées sous quinze (15) jours de la date de la facture. 6.

Appears in 1 contract

Samples: Please Read

DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT BOUNDLESS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAXIMUM PRODUCT, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDBOUNDLESS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESAVAILABILITY, ANY OTHER WARRANTIESACCURACY, REPRESENTATIONSCOMPLETENESS, CONDITIONS AND TERMSSECURITY, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTECOMPATABILITY, COMMON LAWRELIABILITY, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED , WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAWPRODUCT AND ANY SOFTWARE TO WHICH IT IS LINKED, AND THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OBTAINED THROUGH THE PRODUCT. LIFERAY BOUNDLESS DOES NOT WARRANT THAT (I) THE SOFTWARE PRODUCT OR ANY CONTENT WILL MEET BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES, WORMS OR OTHER POTENTIALLY DAMAGING COMPUTER PROGRAMS OR FILES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED PRODUCT IS ASSUMED SOLELY BY YOU. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CORRECTION.

Appears in 1 contract

Samples: static.carahsoft.com

DISCLAIMER OF WARRANTY. THE PLATFORM AND ANY CONNECTIVITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PLATFORM IS PROVIDED AND LICENSED "MADE AVAILABLE “AS IS" ” AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, EITHER EXPRESSED CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTIES WITH RESPECT TO THE PLATFORM, ANY CONNECTIVITY TO THE PLATFORM AND ANY DATA, SOFTWARE OR IMPLIEDINFORMATION MADE AVAILABLE IN THE PLATFORM OR THE CONNECTIVITY BY NYSE OR ITS LICENSORS, INCLUDINGWHETHER EXPRESS, BUT NOT LIMITED TOIMPLIED OR STATUTORY, THE IMPLIED ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY NYSE OR ITS AGENTS, AFFILIATES, LICENSORS OR OTHERWISE (INCLUDING ANY WARRANTY OF SATISFACTORY QUALITY, ACCURACY, UNINTERRUPTED USE, TIMELINESS, LATENCY, TRUTHFULNESS, SEQUENCE, COMPLETENESS, MERCHANTABILITY, TITLEFITNESS FOR PARTICULAR PURPOSE , NON-INFRINGEMENT OR THAT THE PLATFORM OR CONNECTIVITY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH ANY IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAWWARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISECOURSE OF PERFORMANCE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAWAPPLICABLE LAW OR RULES. LIFERAY DOES NOT WARRANT THAT NYSE USER AGREEMENT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONTINUED)

Appears in 1 contract

Samples: Master User Agreement

DISCLAIMER OF WARRANTY. TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE HAL WIDGET IS PROVIDED AND LICENSED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND AND THAT ANY USE OF THE HAL WIDGET BY YOU AND, EITHER EXPRESSED IF APPLICABLE, YOUR AFFILIATES, IS AT YOUR SOLE RISK. FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS COMMENCING ON THE DAY YOU ARE ALLOWED TO ACCESS TO THE HAL WIDGET AND FOR ALL OTHER TIMES, WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY CONDITIONS, ANY IMPLIED REPRESENTATIONS OR ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, TITLENON- INFRINGEMENT, NON-INFRINGEMENT QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY FEDEX DOES NOT WARRANT THAT THE HAL WIDGET (IA) THE SOFTWARE WILL MEET ALL OR ANY OF YOUR REQUIREMENTS, ; (IIB) THE USE OF THE SOFTWARE THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; (C) THAT ANY DEFECT OF THE HAL WIDGET WILL BE CORRECTED; OR (D) THAT ITS SYSTEMS WILL NEVER BE INFILTRATED BY HACKERS OR OTHER UNAUTHORIZED USERS. FURTHERMORE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OBTAINED FROM THE OF YOUR USE OF THE SOFTWAREHAL WIDGET IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WITHOUT LIMITING THE GENERALITY NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,FEDEX SHALL CREATE A WARRANTY.

Appears in 1 contract

Samples: www.fedex.com

DISCLAIMER OF WARRANTY. You agree that your use of the Application and Services shall be at your sole risk. To the fullest extent permitted by law, Company, including its officers, directors, shareholders, partners, employees, service providers, affiliates and/or any other person or entity acting on behalf of the Company, disclaim all warranties. THE APPLICATION AND THE DOCUMENTATION ARE LICENSED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, AND the COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESNTATIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND OF ANY THIRD PARTY SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY DOES NOT GURANTEE THAT THE SERVICES WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT COMPANY WILL CORRECT ANY OR ALL ERRORS. NO LICENSOR, DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER OF WARRANTY. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED SITE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSESERVICES, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES IS NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREPROTECTING YOUR CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERAny material downloaded or obtained through the use of the Services, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDincluding any marketing campaigns and landing pages is done at Your own discretion and risk. you agree that You are solely responsible for any damage to your computer system or other device, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,and/or for any loss of data that may result from the download of any such material.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE TITLE OR CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS, INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, LATENT OR PATENT; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU ANY OF THE ASSETS. UPON CLOSING, IT IS THE EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, THE RESULTS OBTAINED FROM PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE USE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND BUYER WAIVES ANY CLAIM(S) FOR BREACH OF WARRANTY UNDER THE CONVEYANCES, WHICH WERE NOT ASSERTED BY BUYER IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. WITHOUT LIMITING AS ONE OF ITS CONDITIONS TO CLOSING, BUYER ACKNOWLEDGES, AGREES AND REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 1 contract

Samples: Highlands Unit (Mid-Con Energy Partners, LP)

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