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 8 contracts
Samples: End User License Agreement, End User License Agreement (Eula), End User License Agreement (Eula)
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,
(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 USESuch incidents will not be considered as a breach of the Terms.
Appears in 7 contracts
Samples: Terms of Use, Terms of Use, 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,
(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 WARRANTY ABOUT ANY SUCH USETHIRD-PARTY PRODUCTS.
Appears in 6 contracts
Samples: License and Services Agreement, 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,
(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 USEITS LICENSORS.
Appears in 6 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 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 5 contracts
Samples: End User License Agreement, End User License Agreement (Eula), End User License Agreement (Eula)
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, WEAPONS SYSTEMS,
(C) AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT SYSTEMS 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 (2) SIMILAR ULTRA- HAZARDOUS "HIGH RISK ACTIVITIES"). /N SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL IMPLIED WARRANTY OF FITNESS FOR HIGH RISK FOR ANY SUCH USEACTIVITIES.
Appears in 5 contracts
Samples: End User Licensing Agreement, End User License Agreement, End User License 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,
(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 USERESTRICTIONS THEREOF.
Appears in 5 contracts
Samples: Centralsquare Solutions and Support Agreement, Centralsquare Solutions Agreement, Centralsquare Solutions 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,
, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME 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 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,
(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 USECONVEYANCES.
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. 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 (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME 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 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" ", WITHOUT WARRANTY OF ANY KINDKIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX 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 ITS LICENSORS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, (II) THE USE OF THE SOFTWARE THAT IT WILL BE OPERATE UNINTERRUPTED OR ERROR FREE, (III) OR THAT DEFECTS IN THE SOFTWARE CAN OR 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 OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDINCLUDING, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. Such disabling code may be activated (Aa) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESif Xerox is denied access to the Software and/or the system as provided herein, (Bb) AIRCRAFT NAVIGATIONyou otherwise breach any term of this Agreement, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
or (Cc) 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 USEsuch license is terminated or expires. 4.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Driver Download Agreement
DISCLAIMER OF WARRANTY. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is at Licensee's sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as convenience only, without warranty by INNOVENTIONS, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAWLAWS, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) (FOR THE SOFTWARE IS PROVIDED PURPOSES OF PROVISIONS 8 AND LICENSED "9, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) SHALL BE COLLECTIVELY REFERRED TO AS IS" WITHOUT WARRANTY OF ANY KINDINNOVENTIONS) EXPRESSLY 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, 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 LAWNONINFRINGEMENT. LIFERAY INNOVENTIONS DOES NOT WARRANT THAT (I) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR LICENSEE'S REQUIREMENTS, (II) OR 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 BE CORRECTED. FURTHERMORE, INNOVENTIONS DOES NOT WARRANT OR APPEAR PRECISELY AS DESCRIBED IN MAKE ANY REPRESENTATIONS REGARDING THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR USE OR THE RESULTS OBTAINED FROM OF THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THE FOREGOING DISCLAIMERTHEIR CORRECTNESS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDACCURACY, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLRELIABILITY, OR DIRECT OPERATION OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVENTIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NUCLEAR FACILITIESTHIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, (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 USESO THE ABOVE EXCLUSION MAY NOT APPLY.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Software 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 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 CRITICAL 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, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE WARRANTY AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEWRITTEN, EXPRESSED OR IMPLIED.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Software 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 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,
(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 USEEXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.
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 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,
(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 USEJURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
Appears in 4 contracts
Samples: End User License Agreement, End User License Agreement, End User 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 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,
(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 USEYOU.
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 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,
(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 USEWARRANT THIRD PARTY PRODUCTS.
Appears in 4 contracts
Samples: Norton License Agreement, Terms and Conditions, Norton 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,
(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 4 contracts
Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement
DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE, NEITHER SCEA NOR ANY DESIGNATED MANUFACTURING FACILITY NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSONY MATERIALS, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TOPLAYER, THE IMPLIED WARRANTY UNITS OF QUALITYTHE LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, MERCHANTABILITYLOSS OR DAMAGE, TITLEDIRECT OR CONSEQUENTIAL, 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 ARISING OUT 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 OR INABILITY TO USE THE 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, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE PLAYER. 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,
(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 USEDISCLAIMED.
Appears in 3 contracts
Samples: Licensed Publisher Agreement (Eidos PLC), Licensed Publisher Agreement (Bam Entertainment Inc), Licensed Publisher Agreement (Conspiracy Entertainment Holdings Inc)
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,
(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 USETHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Appears in 3 contracts
Samples: Electronic Banking Service Agreement, Master Electronic Banking Service Agreement, Master Electronic Banking Service 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,
(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 USEthe 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 Agreement, Master Terms Agreement, Master Terms 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,
(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 USEJURISDICTION.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, Software License 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 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 ENTIRE RISK FOR ANY SUCH USEERROR AND FAILURES.
Appears in 3 contracts
Samples: Software License Agreement, Software 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,
, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME 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 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,
(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 USEPROPERTY DAMAGE.
Appears in 3 contracts
Samples: Smarsh Service Agreement, Smarsh Service Agreement, Smarsh Service 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,
(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 USEYOU.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, 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), 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,
(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 USEthe 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 Agreement, Master Terms Agreement, Master Terms 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 OTHERWISE 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,
(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 USEWARRANT THIRD PARTY PRODUCTS.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
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,
(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 USEAPPLY.
Appears in 2 contracts
Samples: Master Agreement, Master 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. 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 SUCH 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 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) 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 (Ca) DIRECT LIFE SUPPORT SYSTEMS OR the planning, construction, maintenance, control, or direct operation of nuclear facilities, (2b) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEaircraft 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. 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,
(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 USECONVEYANCES.
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 for the express warranties, representations or covenants set forth in this Agreement, nothing in this Agreement shall be construed as a representation or warranty by either Party (i) that any Licensed Product made, used, sold or otherwise disposed of under this Agreement is or will be free from infringement of patents, copyrights, trademarks or other intellectual property rights of any Third Party; (i) regarding the effectiveness, value, safety, or non-toxicity of any technology; or (ii) that any Product will obtain Regulatory Approval or achieve success or achieve any milestone events specified in this Agreement. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE LICENSED TECHNOLOGY IS PROVIDED AND LICENSED "“AS IS" WITHOUT WARRANTY ” AND:
7.3.1 EXCEPT AS OTHERWISE AGREED OR WARRANTED OR COVENANTED IN THIS AGREEMENT, BOTH PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY, PATENTABILITY, AND SCOPE OF THE LICENSED PATENTS, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY KINDPURPOSE, EITHER EXPRESSED OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE PRODUCTS, KNOW-HOW, AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES, OR PRACTICES AT ANY TIME MADE AVAILABLE BY SUCH PARTY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; AND
7.3.2 EXCEPT AS OTHERWISE AGREED OR WARRANTED OR COVENANTED IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES, ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND SUCH IMPLIED WARRANTIES, ALL WARRANTIES ARISING FROM ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE DEALING OR PERFORMANCE 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 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 USETRADE.
Appears in 2 contracts
Samples: License Agreement (Oncorus, Inc.), License Agreement (Oncorus, Inc.)
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 (2II) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME 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 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- 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: End User License Agreement, End User License Agreement (Eula)
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,
(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 USETHE TERMINATION.
Appears in 2 contracts
Samples: Enterprise Software License Agreement, Enterprise 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 SYSTEMS, WEAPONS SYSTEMS,
(C) DIRECT LIFE SUPPORT SYSTEMS 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 (2) SIMILAR ULTRA- HAZARDOUS “DANGEROUS APPLICATIONS”). BLUEARC SPECIFICALLY DISCLAIMS ANY EXPRESS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK IMPLIED WARRANTY OF FITNESS FOR ANY DANGEROUS APPLICATION, AND ANY SUCH USEUSE 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.
Appears in 2 contracts
Samples: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)
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,
(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 USEPROPERTY DAMAGE.
Appears in 2 contracts
Samples: Software Agreement, Software Agreement
DISCLAIMER OF WARRANTY. THE LIMITED WARRANTIES IN THIS SECTION 7 ARE MADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSEE EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. SPŌK MAKES NO OTHER WARRANTIES WHATSOEVER, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH REGARD TO THE SOFTWARE, BUT NOT LIMITED TODOCUMENTATION, THE IMPLIED WARRANTY HARDWARE, SUPPORT, MAINTENANCE, AND SERVICES, IN WHOLE OR IN PART, OR ANY OTHER MATTER UNDER THIS AGREEMENT. SPŌK EXPLICITLY DISCLAIMS ALL WARRANTIES OF QUALITYNON-INFRINGEMENT, MERCHANTABILITY, TITLEACCURACY, NON-INFRINGEMENT SYSTEM INTEGRATION AND OF 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 SPŌK EXPRESSLY DOES NOT WARRANT THAT (I) THE SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE. FURTHER, SPŌK EXPRESSLY DOES NOT WARRANT THAT PRODUCTS OR ANY SUPPORT WILL BE USABLE BY LICENSEE IF THE PRODUCT HAS BEEN MODIFIED BY ANYONE OTHER THAN SPŌK, OR WILL OPERATE WITHOUT INTERRUPTION, OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN IDENTIFIED IN THE DOCUMENTATION. SPŌK DOES NOT WARRANT THAT THE SOFTWARE, SUPPORT, HARDWARE OR SERVICES ARE FREE OF NONMATERIAL DEFECTS OR THAT THEY WILL MEET YOUR REQUIREMENTS, (II) THE USE SPECIFIC REQUIREMENTS OR NEEDS 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 USELICENSEE’S BUSINESS.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
DISCLAIMER OF WARRANTY. 5.1 THE SOLUTION IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED 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) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY AND NON-INFRINGEMENT. THE PLANNINGENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOLUTION REMAINS WITH YOU.
5.2 COMPANY DOES NOT WARRANT THAT THE SOLUTION WILL BE UNINTERRUPTED OR ERROR- FREE; OR THAT ERRORS/BUGS ARE REPRODUCIBLE OR THAT ERRORS/BUGS ARE REPAIRABLE AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOLUTION IN TERMS OF THEIR CORRECTNESS, CONSTRUCTIONUSEFULNESS, MAINTENANCEACCURACY, CONTROLRELIABILITY, OR DIRECT OPERATION OTHERWISE. YOU SHALL BE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL ANY USE OF OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
(C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES RELIANCE UPON THE SOLUTION AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR VERIFYING ANY SUCH USEOUTPUT RESULTING FROM USE OF THE SOLUTION.
Appears in 2 contracts
Samples: End User License Agreement, Privacy Policy
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE WARRANTY SET FORTH IN PARAGRAPHS 8.1 AND 8.2 IS PROVIDED A LIMITED WARRANTY AND LICENSED "AS IS" WITHOUT WARRANTY IS IN LIEU OF ANY KIND, EITHER EXPRESSED ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, 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 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 QSSI DOES NOT WARRANT THAT (I) THE SOFTWARE SYSTEM WILL MEET YOUR CLIENT'S FUTURE OR UNDISCLOSED REQUIREMENTS. 9. LIMITATION OF LIABILITY
9.1 NEITHER PARTY SHALL HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, (II) THE USE EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SOFTWARE WILL POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF QSSI TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR CLAIM SHALL BE UNINTERRUPTED LIMITED TO THE AMOUNT PAID TO QSSI BY CLIENT HEREUNDER WITH RESPECT TO THE PHASE WHICH IS THE SUBJECT OF THE ACTION OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE CLAIM. THIS LIMITATION APPLIES TO YOU ALL CAUSES OF ACTION OR APPEAR PRECISELY AS DESCRIBED CLAIMS IN THE ACCOMPANYING DOCUMENTATIONAGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, CLAIMS FOR FAILURE TO EXERCISE DUE CARE IN THE PERFORMANCE OF QSSI SERVICES HEREUNDER AND OTHER TORTS. YOU BOTH PARTIES UNDERSTAND AND AGREE THAT YOU THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS. THE FEES HEREIN REFLECT, AND ARE SOLELY RESPONSIBLE FOR SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE RESULTS OBTAINED FROM THE USE EXCLUSION OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY CONSEQUENTIAL DAMAGES AND LIMITATIONS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE LIABILITY SET FORTH 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 USETHIS AGREEMENT.
Appears in 2 contracts
Samples: License and Integration Agreement (Pets Com Inc), License and Integration Agreement (Pets Com Inc)
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,
(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 BE MADE SUCH USEINSPECTIONS 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. 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,
(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.I)
Appears in 2 contracts
Samples: Enterprise Services Agreement, Enterprise Services Agreement
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,
(C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE INDISOFT MATERIALS IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEAT PARTICIPANT'S OWN RISK.
Appears in 2 contracts
Samples: Counselor and Authorized Third Party Participation Agreement, Limited License 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,
(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 USESOFTWARE.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement
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 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 USERISKS WHEN USING THE SOFTWARE.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "“AS IS" WITHOUT WARRANTY OF ,” AND MALWAREBYTES DISCLAIMS ANY KINDAND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND ANY SERVICES PROVIDED BY MALWAREBYTES, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, 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 DEALINGDEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, TRADE USAGE WHETHER ORAL OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSWRITTEN, (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 MALWAREBYTES OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. MALWAREBYTES DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE. WITHOUT LIMITING THE GENERALITY ANY OTHER PROVISION OF THE FOREGOING DISCLAIMERTHIS SECTION 9, THE SOFTWARE IS MALWAREBYTES DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO WARRANT THAT: (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, SOFTWARE WILL OPERATE IN AN ERROR-FREE AND/OR DIRECT OPERATION OF NUCLEAR FACILITIES, UNINTERRUPTED MANNER; AND/OR (B) AIRCRAFT NAVIGATION, CONTROL THE SOFTWARE WILL ELIMINATE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
(C) DIRECT LIFE SUPPORT SYSTEMS MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTIES OR (2) SIMILAR ULTRA- HAZARDOUS REPRESENTATIONS IN MALWAREBYTES' NAME OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEON MALWAREBYTES' BEHALF.
Appears in 2 contracts
Samples: Managed Services Provider Agreement, Managed Services Provider Agreement
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,
(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 USELICENSED SOFTWARE.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
DISCLAIMER OF WARRANTY. TO YOU EXPRESSLY AGREE THAT USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE IS AT YOUR SOLE RISK, AND THAT THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDWITH NO WARRANTIES WHATSOEVER, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AVAILABILITY, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLERELIABILITY, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9.7 Limitation of Liability. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE OUR ONLY OBLIGATIONS TO YOU, AND SUCH IMPLIED WARRANTIESYOUR EXCLUSIVE REMEDIES, FOR ANY TRANSFER OR PAYMENT DELAYS, FAILURES OR ERRORS. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER WARRANTIESDAMAGES OF ANY KIND, REPRESENTATIONSWHETHER DIRECT, CONDITIONS AND TERMSINDIRECT, EXPRESS SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR IMPLIED EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE EVEN IF ADVISED OF DEALING, TRADE USAGE OR OTHERWISETHE POSSIBILITY THEREOF) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET ARISING IN ANY WAY OUT OF YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESERVICE. IN ANY EVENT, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE OUR TOTAL, AGGREGATE LIABILITY TO YOU OR APPEAR PRECISELY AS DESCRIBED IN IS LIMITED TO THE ACCOMPANYING DOCUMENTATION. AGGREGATE AMOUNT OF FEES YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE HAVE PAID FOR THE RESULTS OBTAINED FROM SERVICE DURING THE USE OF THREE (3) MONTHS PRECEDING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMEREVENT GIVING RISE TO YOUR CLAIM OR $500, THE SOFTWARE WHICHEVER 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 USEGREATER.
Appears in 2 contracts
Samples: Direct Connect Service Agreement, Direct Connect Service Agreement
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,
(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 USECONVEYANCES.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Pedevco Corp)
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,
(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 USECORTEVA PESTICIDE PRODUCT.
Appears in 2 contracts
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE IS PROVIDED LICENSE TERMS AND LICENSED "AS IS" WITHOUT WARRANTY THE SERVICE TERMS), INSIGHTSOFTWARE AND 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 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 DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE SERVICES. NOTHING IN (1) FACILITIES THIS SECTION 6.5 LIMITS 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 USEOTHERWISE MODIFIES NON-EXCLUDABLE RIGHTS CUSTOMER MAY HAVE UNDER APPLICABLE LAWS.
Appears in 2 contracts
Samples: Master Terms Agreement, Master Terms Agreement
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,
(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 USEITS INVESTMENT MADE HEREUNDER.
Appears in 2 contracts
Samples: Exploration Participation Agreement (Ridgewood Energy P Fund LLC), Exploration Participation Agreement (Ridgewood Energy U Fund LLC)
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,
(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 USEENVIRONMENTAL DAMAGE.
Appears in 2 contracts
Samples: Enterprise Subscription License Agreement, Enterprise Subscription License 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, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSFUNCTIONALITY, 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 PLANNINGACCURACY, CONSTRUCTION, MAINTENANCE, CONTROLBENEFITS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
(C) DIRECT LIFE SUPPORT SYSTEMS OR AVAILABILITY AND (2) SIMILAR ULTRA- HAZARDOUS WARRANTIES OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE . IN NO EVENT WILL CONCUR BE LIABLE TO PLATINUM ADVISOR OR TO ANY OTHER INDIVIDUAL OR ENTITY AFILIATED WITH PLATINUM ADVISOR FOR ANY SUCH USECLAIM, LOSS OR DAMAGE ARISING OUT OF THE OPERATION OR AVAILABILITY OF THE CONCUR SERVICE, THE PROGRAM, THE CONCUR PROGRAM PORTAL (IF ANY), OR OTHER APPLICABLE CONCUR PROPERTY.
Appears in 2 contracts
Samples: Platinum Membership Agreement, Platinum Membership Terms and Conditions
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,
(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 USEYOU.
Appears in 2 contracts
Samples: End User License 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 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,
(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 USEWARRANT THIRD PARTY PRODUCTS.
Appears in 2 contracts
Samples: Norton Services Terms and Conditions, Norton Services Terms and Conditions
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,
(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 USESUIT, 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 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,
(C) DIRECT LIFE USER MAY TERMINATE THE RELEVANT LICENSE AND SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESUBSCRIPTIONS.
Appears in 2 contracts
Samples: Services Agreement, End User License Agreement
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,
(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: End User License Agreement (Eula), End User License Agreement (Eula)
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,
(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 USEthe 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 Agreement, Master Terms 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 HASHICORP’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,
(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 USETHE TERMINATION.
Appears in 2 contracts
Samples: Services Agreement, Services 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 (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.
Appears in 2 contracts
Samples: Enterprise Services Agreement, Enterprise Services 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,
(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 USEthe 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 Agreement, Master Terms Agreement
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,
(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 USEQUIET ENJOYMENT.
Appears in 2 contracts
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,
(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 USETHE TERMINATION.
Appears in 2 contracts
Samples: Master Agreement, Master 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 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,
(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 USEthe 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 Agreement, Master Terms 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,
(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 USEYOU.
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 OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SYSTEMS. COMPANY AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROVIDER TECHNOLOGY AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESERVICES.
Appears in 2 contracts
Samples: Master Subscription and Support Agreement, Master Subscription and Support 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 (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.
Appears in 2 contracts
Samples: Enterprise Services Agreement, Enterprise Services Agreement
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 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
(b) TO THE GENERALITY EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND SO SOME OR ALL OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS SET OUT IN THIS SECTION 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,
(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 USEYOU.
Appears in 2 contracts
Samples: Community Edition License Agreement, Community Edition License Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED SAMSUNG AND LICENSED "AS IS" WITHOUT WARRANTY ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR GUARANTEES OR OTHER TERMS OF ANY KINDKIND OR NATURE, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIEDIMPLIED OR STATUTORY, INCLUDINGRELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TOTO MERCHANTABILITY, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH RELIABILITY OR AVAILABILITY, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, ANY OTHER WARRANTIESSO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, REPRESENTATIONSWHETHER ORAL OR WRITTEN, CONDITIONS AND TERMS, EXPRESS OBTAINED BY YOU FROM SAMSUNG OR IMPLIED (AND WHETHER IMPLIED ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY STATUTE, COMMON LAW, COURSE SAMSUNG OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO WARRANTY REGARDING 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, CONTROLSERVICE, OR DIRECT OPERATION TO CREATE ANY WARRANTY 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 USESORT FROM SAMSUNG.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
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,
(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 USEJURISDICTION.
Appears in 2 contracts
Samples: End User License Agreement, 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 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,
(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 USEEXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.
Appears in 2 contracts
Samples: End User License Agreement, End User 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,
(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 USEOTHER HARMFUL COMPUTER CODE.
Appears in 2 contracts
Samples: Software License Agreement, Software License 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,
(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 INFRINGES ANY SUCH USETHIRD-PARTY INTELLECTUAL PROPERTY RIGHT.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Travelzoo Inc), Asset Purchase Agreement (Travelzoo Inc)
DISCLAIMER OF WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE — STATE TEL ON-LINE / FASTTRAK DSLAND THIRD PARTIES WHO CONTRIBUTE TO THE MAXIMUM SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL STATE TEL ON-LINE / FASTTRAK DSL LIABILITY OR THE LIABILITY OF THIRD-PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED LIABILITY (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY AMOUNT OF ANY KINDDIRECT DAMAGES TO THE PROPERTY OR PERSON, EITHER EXPRESSED OR IMPLIED(2) FOR ALL OTHER CLAIMS, INCLUDING, BUT NOT LIMITED TOACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, THE AMOUNT YOU PAID US FOR OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. STATE TEL ON-LINE / FASTTRAK DSLAND THIRD-PARTIES WHO CONTRIBUTE TO STATE TEL ON-LINE / FASTTRAK DSL SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTY WARRANTIES (INCLUDING WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES), REPRESENTATIONS, CONDITIONS AND TERMSOR ENDORSEMENTS REGARDING STATE TEL ON-LINE / FASTTRAK DSL SERVICE OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTETHE SERVICE IS PROVIDED ON AN “AS IS, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AS AVAILABLE” BASIS — WE DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE IT WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) THE SOFTWARE OR THAT DEFECTS IN SERVICE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. 2, Indemnification. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TO DEFEND, INDEMNIFY AND HOLD HARMLESS INOC, ITS EMPLOYEES AND THIRD-PARTIES WHO CONTRIBUTE TO THE RESULTS OBTAINED SERVICE FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERANY LOSS, 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, CONTROLDAMAGE, OR DIRECT OPERATION COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF NUCLEAR FACILITIESLAW OR THE TERMS OF THIS AGREEMENT, (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.ACTIVITY RELATED TO YOUR ACCOUNT.
Appears in 1 contract
Samples: Service Provider Agreement
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT, ITS AMENDMENTS OR IN THE XXXX OF SALE WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTITLE, THE SOFTWARE IS PROVIDED SELLER MAKES NO REPRESENTATIONS WHATSOEVER IN RESPECT OF THE AIRCRAFT OR THE CREW PROVISIONING, AND LICENSED "THE SELLER SPECIFICALLY DISCLAIMS, AND EXCLUDES (i) ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS IS" WITHOUT TO CONDITION, DESCRIPTION, AIRWORTHINESS, VALUE, SATISFACTORY QUALITY, DESIGN, QUALITY, MANUFACTURE OR OPERATION OF ANY KIND OR NATURE, (ii) ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED MERCHANTABILITY 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, (ii) ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF FREEDOM FROM ANY RIGHTFUL CLAIM BY WAY OF INFRINGEMENT OR THE LIKE, (AND WHETHER iii) ANY IMPLIED BY STATUTE, COMMON LAWREPRESENTATION OR WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALINGDEALING OR USAGE OF TRADE, TRADE USAGE AND (iv) ANY OBLIGATION OR OTHERWISE) ARE HEREBY EXCLUDED LIABILITY OF THE SELLER ARISING IN CONTRACT OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE SELLER, ACTUAL OR IMPUTED, OR IN STRICT LIABILITY, INCLUDING ANY OBLIGATION OR LIABILITY FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) AIRCRAFT OR THE SOFTWARE WILL MEET YOUR REQUIREMENTSCREW PROVISIONING, (II) THE USE OR FOR ANY LIABILITY OF THE SOFTWARE PURCHASER TO ANY THIRD PARTY OR ANY OTHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE WHATSOEVER. NO AGREEMENT ALTERING OR EXTENDING THE SELLER’S LIABILITY FOR WARRANTIES WILL BE UNINTERRUPTED OR ERROR FREE, (III) BINDING UPON THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED SELLER UNLESS IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE WRITING AND EXECUTED BY A DULY AUTHORISED OFFICER 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 USESELLER.
Appears in 1 contract
Samples: Aircraft Purchase Agreement (Erickson Air-Crane Inc)
DISCLAIMER OF WARRANTY. 14.1. THE CLOUD SERVICE (INCLUDING THE COUCHBASE SOFTWARE), DOCUMENTATION AND ANY PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COUCHBASE PARTIES DO NOT REPRESENT OR WARRANT THAT THE CLOUD SERVICE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE CLOUD SERVICE OR DOCUMENTATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE OR FREE OF HARMFUL CODE, THAT DEFECTS WILL BE CORRECTED,OR THAT ANY INFORMATION OR ADVICE GIVEN BY THE COUCHBASE PARTIES WILL CREATE ANY WARRANTY. THE COUCHBASE PARTIES (A) DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THE CLOUD SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, (B) ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS, AND (C) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE CLOUD SERVICE THAT ARISE FROM CUSTOMER OR THIRD-PARTY CONTENT (AS DEFINED HEREIN).. 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 EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGINCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIESTITLE, AND 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) TRADE.
14.2. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CLOUD SERVICE ARE HEREBY EXCLUDED INTENDED TO BE USED ONLY WITH THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT COUCHBASE SOFTWARE 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 IS DEPLOYED 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 DISCLAIMERCUSTOMER CLOUD ENVIRONMENT, THE AND NOT WITH ANY OTHER 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 USEENVIRONMENT.
Appears in 1 contract
Samples: Cloud Service Subscription Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "You expressly acknowledge and agree that the use of the Software is at your own risk. The Software is provided “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 without warranty of any kind. NUREVA AND FITNESS FOR A PARTICULAR PURPOSE, ITS LICENSORS EXPRESSLY DISCLAIM AND SUCH IMPLIED MAKE NO WARRANTIES, ANY OTHER WARRANTIESCONDITIONS, REPRESENTATIONS, CONDITIONS AND REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED (AND IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE CUSTOM OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED OTHERWISE AS TO THE FULLEST EXTENT PERMITTED BY LAWSOFTWARE OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIFERAY DOES NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT (I) THE FUNCTIONS PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE FROM ERRORS OR DEFECTS, EFFECTIVE OR CORRECT. FURTHERMORE, NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED IN TERMS OF ITS FREEDOM FROM ERROR OF DEFECT, EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR ERROR FREEOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUREVA OR ITS LICENSORS OR THEIR AUTHORIZED OR PURPORTED REPRESENTATIVES SHALL CREATE A WARRANTY. Nureva and its Licensors do not war- rant that any device, (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 USEsoftware or data will not be damaged by the Software.
Appears in 1 contract
Samples: Software License Agreement
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. MH EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND MH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER SERVICE AGREEMENT, THE SOFTWARE IS SERVICE, MH EQUIPMENT AND MH 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 MH, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. MH 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, MH DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY MH 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, 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 CUSTOMER’S OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE END USERS’ SENDING 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, CONTROLRECEIVING, OR DIRECT OPERATION UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF NUCLEAR FACILITIESSUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT MH’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER Force Majeure. Notwithstanding anything to the contrary contained herein, a Party shall have no liability to the other hereunder due to circumstances beyond its control, including, but not limited to, acts of God, terrorism, flood, fiber cuts, natural disaster, regulation or governmental acts, fire, civil disturbance, weather, or any unauthorized Regulatory and Legal changes, Pole Attachment and Conduit Charges, Tarriffs. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi- government-imposed fees or charges that increases the costs or other terms of MH’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by MH in providing the Service, Customer acknowledges and agrees that MH may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase, provided MH notifies Customer at least thirty (B30) AIRCRAFT NAVIGATIONdays in advance of the increase. In such case, CONTROL OR COMMUNICATION SYSTEMSand if such increase materially increases the fees or charges due by Customer hereunder for the applicable Service, WEAPONS SYSTEMS,
Customer may, within thirty (C30) DIRECT LIFE SUPPORT SYSTEMS OR days after notification of such increase, terminate the affected Service without incurring termination liability, provided Customer notifies MH at least fifteen (215) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEdays in advance of Customer’s requested termination date.
Appears in 1 contract
Samples: Master Service Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS DEPLOYMENT PRODUCTS ARE PROVIDED AND LICENSED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TPI DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, THE WARRANTY AGAINST LATENT DEFECTS; 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. WARRANTY AGAINST INFRINGEMENT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TPI MAKES NO WARRANTY: (A) WITH RESPECT TO THE PLANNINGCHARACTERISTICS OF EXECUTION OF THE DEPLOYMENT PRODUCTS (INCLUDING RESPONSE TIME, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION CHARACTERISTICS OF NUCLEAR FACILITIES, USE OF MACHINE TIME AND OTHER OPERATING FUNCTIONS WITH ANY PARTICULAR EQUIPMENT); (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
THAT THE FUNCTIONS CONTAINED IN THE DEPLOYMENT PRODUCTS WILL -------------------------------------------------------------------------------- TRANSFORMATION PROCESSING INC. DATE DEPLOYMENT PRODUCT LICENSE AGREEMENT SATISFY THE NEEDS OF THE USER; (C) DIRECT LIFE SUPPORT SYSTEMS THAT THE OPERATION OF THE DEPLOYMENT PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED; OR (2D) SIMILAR ULTRA- HAZARDOUS THAT DEFECTS AND PROGRAMMING ERRORS IN THE DEPLOYMENT PRODUCTS WILL BE DETECTED OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TPI OR A TPI REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY SUCH USEWAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
Appears in 1 contract
Samples: Deployment Product License Agreement (Transformation Processing Inc)
DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO PREMIUM INTERNET SERVICES, AND USES THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER'S EQUIPMENT AND CUSTOMER'S NETWORK. NORTHLAND EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICES AND NORTHLAND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, THE SOFTWARE IS SERVICES, PRODUCTS, CUSTOMER PURCHASED DEVICES, AND ANY NORTHLAND MATERIALS ARE PROVIDED AND LICENSED "AS IS, WITH ALL FAULTS," 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 NORTHLAND, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. XXXXXXXXX DOES NOT REPRESENT OR WARRANT THAT SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, FREE FROM VIRUSES OR MALICIOUS CODE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS, NORTHLAND DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY NORTHLAND WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS 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 ANY END USER'S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER'S OR ANY END USER'S USE OF SERVICES, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT XXXXXXXXX'S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THESE TERMS AND CONDITIONS, AND NORTHLAND DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITYMERCHANTABILITY, MERCHANTABILITYNON-INFRINGEMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. NORTHLAND CANNOT GUARANTEE THAT 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 PERFORMANCECUSTOMER, INCLUDING BUT PREMIUM INTERNET CUSTOMERS UTILIZING NORTHLAND’S DDOS SERVICE, WILL NOT LIMITED TO (A) BE A VICTIM OF A CYBER- ATTACK, AND CUSTOMER ASSUMES SUCH RISK WHEN USING 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 USESERVICES.
Appears in 1 contract
DISCLAIMER OF WARRANTY. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 2 AND 13.6 OF THE AGREEMENT, S+N PROVIDES ACCESS TO THE MAXIMUM PLATFORM AND DATA THEREIN AND PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 2 AND 13.6 OF THE AGREEMENT, S+N EXPRESSLY DISCLAIMS AND CUSTOMER AND ITS AFFILIATES AND THEIR SUBCONTRACTORS, LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, PATIENTS, AUTHORIZED USERS, AND ASSIGNS (COLLECTIVELY, CUSTOMER GROUP) WAIVE ALL EXPRESS AND IMPLIED WARRANTIES UNDER THE AGREEMENT TO THE FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" INCLUDING WITHOUT WARRANTY LIMITATION ALL WARRANTIES OF ANY KINDNON-INFRINGEMENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESALL WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM THE PLATFORM, ANY OTHER WARRANTIESTHIRD-PARTY SOFTWARE, REPRESENTATIONSOR DATA, CONDITIONS AND TERMSINFORMATION, 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 LAWRESULTS DERIVED THEREFROM. LIFERAY S+N DOES NOT WARRANT THAT (I) ACCESS TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE DATA OR PLATFORM WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, VIRUS-FREE, WITHOUT DEFECTS, COMPLETE, USEFUL, OR ERROR-FREE. THE PARTIES UNDERSTAND THAT CUSTOMER MAY USE CERTAIN THIRD PARTY SOFTWARE (IIIINCLUDING WEB BROWSERS) OR HARDWARE IN CONNECTION WITH USING 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. PLATFORM, AND WITHOUT LIMITING THE GENERALITY IN THIS SECTION 9.1, S+N MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, INTEGRATION, OR SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE. THE ASSESSMENT OF THE FOREGOING DISCLAIMERQUALITY, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDCAPABILITIES, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE OPERATIONS, PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) AND SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE LIES SOLELY WITH CUSTOMER AND THE PLANNINGVENDOR OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, CONSTRUCTIONAS THE CASE MAY BE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY S+N, MAINTENANCE, CONTROLITS AGENTS, 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 USEEMPLOYEES SHALL CREATE A WARRANTY.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "“AS IS" ”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KINDKIND FROM SAMSUNG, EITHER EXPRESSED EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGSAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR GUARANTEES OR OTHER TERMS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED OR STATUTORY, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TOTO MERCHANTABILITY, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE WARRANTY 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 ANY SORT FROM THE USE OF THE SOFTWARESAMSUNG. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PREVIOUS DISCLAIMER, AND TO THE SOFTWARE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DOES NOT SPECIFICALLY DESIGNEDREPRESENT, MANUFACTURED WARRANT OR INTENDED FOR USE GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN (1) FACILITIES AN UNINTERRUPTED, TIMELY, SECURE OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESERROR-FREE MANNER, (Bii) AIRCRAFT NAVIGATION, CONTROL WILL ALWAYS BE AVAILABLE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
(C) DIRECT LIFE SUPPORT SYSTEMS FREE FROM ALL HARMFUL COMPONENTS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.ERRORS
Appears in 1 contract
Samples: Terms of Service
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 FOR ITSELF AND ITS LICENSORS 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,
(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 WARRANTY ABOUT ANY SUCH USETHIRD-PARTY PRODUCTS.
Appears in 1 contract
Samples: License and Services Agreement
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYou expressly acknowledge and agree that the use of the Product Software, THE SOFTWARE IS PROVIDED AND LICENSED "sensors and/or applications are at your sole risk. The Product Software, sensors and/ or applications are provided “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 without warranty of any kind. XXXXX AND FITNESS FOR A PARTICULAR PURPOSE, ITS LICENSORS EXPRESSLY DISCLAIM AND SUCH IMPLIED MAKE NO WARRANTIES, ANY OTHER WARRANTIESCONDITIONS, REPRESENTATIONS, CONDITIONS AND REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED (AND IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALINGCUSTOM, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED OTHERWISE AS TO THE FULLEST EXTENT PERMITTED BY LAWPRODUCT SOFTWARE, SENSORS, APPLICATIONS OR ANY COMPONENT THEREOF, INCLUDING BUT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIFERAY DOES XXXXX AND ITS LICENSORS DO NOT WARRANT THAT (I) THE SOFTWARE FUNCTION CONTAINED IN THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT SOFTWARE, (II) SENSORS AND/OR APPLICATIONS WILL BE CORRECT OR COMPLETE. FURTHERMORE, XXXXX AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. XXXXX AND ITS LICENSORS PROVIDE NO WARRANTY THAT ANY INFRASTRUCTURE, PROPERTY, COMMERCIAL RESTROOM FACILITY, DEVICE, OTHER PRODUCT SOFTWARE OR DATA WILL NOT BE UNINTERRUPTED DAMAGED BY THE PRODUCT SOFTWARE, SENSORS AND/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 USEAPPLICATIONS.
Appears in 1 contract
Samples: End 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, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FEES PAID 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.8.2 保証の否認. 第8条1項において明示的に定める場合を除き、適用される法令により許容される最大限の範囲において、Xxxxxxxx は、明示的または黙示的を問わず、商品性、権利の非侵害性および特定目的への適合性に関する黙示的な保証を含むがこれらに限定されずに、いかなる種類の保証も行わないものとする。Alfresco は、本ソフトウェアおよび本サービスを中断なく使用できること、エラーが起こらないこと、またAlfresco がソフトウェアのすべてのエラーを修正することを、いずれも保証しないものとする。第8.1条に定められた保証に対する違反について、第8.1(a)または(b)条の違反に対するお客様の唯一の法的救済方法およびAlfresco のすべての法的責任は、欠陥のあるサービスの再実施か、またはAlfresco が商業的に合理的な方法で違反状態を実質的に是正できない場合には、お客様は関連する本サービスを解約し、解約日において、欠陥のある本サービスに対して支払われた料金について比例按分した返金を受け取ることができるものとする。第8.1(d)条の違反に対するお客様の唯一の法的救済方法およびAlfresco のすべての法的責任は、Xxxxxxxx が本ソフトウェアの現行版の修正されていないリリースで問題を再現できた場合には、問題を解消するか一時的な修正を提供し、もしくは緊急の問題回避方法を作成するための商業的に合理的な努力を払うことであり、またはAlfresco が商業的に合理的な方法で違反を実質的に是正できない場合には、お客様は関連するサブスクリプションを解約し、解約日において、残りのサブスクリプション期間に対して支払われた料金を比例按分した返金を受け取ることである。 Americas 基本契約 2017 年第 1 版(2017 年7月) ページ 6/15 Alfresco 機密情報
Appears in 1 contract
Samples: Master Agreement
DISCLAIMER OF WARRANTY. 5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND WITHOUT WARRANTY EXCEPT AS PROVIDED IN SECTION 4 OF ANY KINDTHIS XXXX (LIMITED WARRANTY). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESPERFORMANCE, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE COMPLETENESS OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO RESULTS. THIS DISCLAIMER SHALL APPLY EVEN IF THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE LIMITATIONS SET FORTH HEREIN FAIL 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, ITS ESSENTIAL PURPOSE.
5.2 THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, DESIGNED OR MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING SUCH AS, BUT NOT LIMITED TO (A) TO, IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,
(C) AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT SYSTEMS SYSTEMS, OR (2) SIMILAR ULTRA- HAZARDOUS WEAPON OR STRICT LIABILITY ACTIVITIES COMBAT SYSTEMS, IN WHICH THEIR FAILURE COULD LEAD DIRECTLY TO PERSONAL INJURY, DEATH, OR PROPERTY OR ENVIRONMENTAL DAMAGE. LICENSOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
5.3 LICENSEE ACKNOWLEDGES AND YOU ARE SOLELY RESPONSIBLE AGREES THAT LICENSOR HAS SET ITS PRICES AND EXPRESSLY ASSUME ALL ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AS SET FORTH HEREIN AND THAT THE SAME REFLECT AN ALLOCATION OF RISK FOR ANY SUCH USEBETWEEN THE PARTIES, AND THAT THE SAME FROM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. EDIFECS PROVIDES THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." CUSTOMER BEARS THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE SERVICE, AND EFFORT. EDIFECS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAXIMUM SERVICES OR SUPPORT SERVICES (IF ANY). EXCEPT TO THE EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED EDIFECS DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR EXPRESS, STATUTORY AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS OR WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS (B) REPRESENTATIONS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING THROUGH COURSE OF DEALINGDEALING OR USAGE OF TRADE, TRADE USAGE AND (C) REPRESENTATIONS OR OTHERWISE) ARE HEREBY EXCLUDED WARRANTIES THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OR USE OF THE SOFTWARE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU SECURE, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE YOUR 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 PERFORMANCESERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING YOUR DATA. NO ORAL OR WRITTEN STATEMENT MADE TO YOU IN THE CONTEXT OF PROVIDING THE SERVICES OR SUPPORT SERVICES (AIF ANY) 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 SHALL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEDISCLAIMED IN THIS AGREEMENT.
Appears in 1 contract
Samples: Software & Online Service 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 HASHICORP’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 XXXXXXXXX’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,
(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 USETHE TERMINATION.
Appears in 1 contract
Samples: Services 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,
(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 USEWARRANT THIRD PARTY PRODUCTS.
Appears in 1 contract
Samples: Terms and Conditions
DISCLAIMER OF WARRANTY. (a) THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 11 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY DOLPHIN IN CONNECTION WITH THE DOLPHIN SOFTWARE AND CUSTOMER DATA, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE DOLPHIN SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE SOFTWARE IS PROVIDED EXPRESS WARRANTIES IN SECTION 11 OF THIS AGREEMENT, DOLPHIN DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDALL WARRANTIES, EITHER EXPRESSED REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE DOLPHIN SOFTWARE, CUSTOMER DATA OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITYTITLE, MERCHANTABILITY, TITLEMERCHANTABLE QUALITY, DATA PROTECTION AND BACKUP, DATA ACCURACY, NON- INFRINGEMENT, NON-INFRINGEMENT INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. DOLPHIN PROVIDES NO WARRANTIES, ANY REPRESENTATIONS OR CONDITIONS THAT THE DOLPHIN SOFTWARE WILL OPERATE ERROR FREE OR FREE FROM INTERRUPTION, VIRUSES 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 LAWHARMFUL COMPUTER CODE. LIFERAY DOLPHIN DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) FUNCTIONS PERFORMED BY THE USE OF THE DOLPHIN SOFTWARE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE DOLPHIN SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY BE CORRECTED. THE DOLPHIN SOFTWARE ARE PROVIDED ON AN “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,IS” AND “AS AVAILABLE” BASIS.
(Cb) 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 USEDolphin does not, nor does it intend to, engage in the performance or delivery of dental, medical, or health care services. The Dolphin Software is not intended, and Customer agrees not to rely thereon, as a substitute for the knowledge, expertise, skill, verbal counseling, or judgment of a dental or healthcare professional. Customer acknowledges that the professional duty to its customers and patients for the provision of dental or healthcare services lies solely with Customer and the dental and healthcare professionals providing direct interaction therewith. Dolphin in no way guarantees that the Dolphin Software covers all possible dental and medical matters to which they pertain, or the appropriateness of the foregoing for any particular condition, treatment, or recommendation. Customer acknowledges and agrees that the Dolphin Software may contain inaccuracies and/or errors, and as such, the foregoing should be reviewed by applicable professional service providers. The Dolphin Software is intended only as a supplement to the knowledge, expertise, and professional judgment of dental and healthcare professionals. Customer hereby covenants and agrees that it shall use the highest degree of care when using the Dolphin Software, and use the Dolphin Software in light of all of the other available information and not rely on the Dolphin Software alone in making decisions regarding patient care. Any forms or other materials provided in the Dolphin Software are strictly outlines, templates or samples provided as a means to assist Customer in the efficiency of documenting and tracking its independent analysis, discretion or guidance.
Appears in 1 contract
Samples: End User License Agreement
DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE FEDEX IS NOT CHARGING YOU A FEE FOR ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FEDEX TECHNOLOGY, INCLUDING ANY SERVICES OFFERED THROUGH FEDEX TECHNOLOGY, AND MARKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. USE BY YOU (AND YOUR AFFILIATES) OF THE PORTAL, ANY FEDEX TECHNOLOGY, THE MARKS, OR ANY SERVICES PROVIDED THROUGH FEDEX TECHNOLOGY, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEDEX AND ITS REPRESENTATIVES (AS DEFINED IN FedEx Doc No. 1403611 July 2020 YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY FEDEX TECHNOLOGY OR MARKS IS TO STOP USING THE MARKS AND/OR SUCH FEDEX TECHNOLOGY. You agree that the remedy YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FEDEX IS NOT CHARGING YOU A FEE FOR ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDEX AND ITS PARENT COMPANY AND SUBSIDIARIES AND AFFILIATES, DIRECT AND INDIRECT, OF ITS PARENT COMPANY, LICENSORS, SUPPLIER, OR ANY OF THE SOFTWARE IS PROVIDED FOREGOING’S RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND/OR AGENTS (COLLECTIVELY, “REPRESENTATIVES”) ARE NOT AND LICENSED "AS IS" WITHOUT WARRANTY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING: DAMAGES FOR LOSS OF ANY KINDBUSINESS, EITHER EXPRESSED LOSS OF DATA, LOSS OF PROFITS, DAMAGES TO YOUR COMPUTER SYSTEMS OR IMPLIEDTHE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TONEGLIGENCE), PRODUCT LIABILITY, STATUTORY OR STRICT LIABILITY OR OTHERWISE EVEN IF FEDEX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FOR THE AVOIDANCE OF DOUBT, SUCH DISCLAIMER APPLIES TO ANY DAMGES WHETHER ARISING FROM, RELATING TO OR OTHERWISE RESULTING FROM (A) ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS; (B) DEVELOPMENT, DISTRIBUTION, USE, INSTALLATION OR REMOVAL OF AN APPLICATION; (C) INSTALLATION OR REMOVAL OF FEDEX TECHNOLOGY OR MARKS; (D) YOUR INABILITY TO ACCESS OR USE FEDEX TECHNOLOGY OR MARKS FOR ANY REASON; OR, (E) THE AGREEMENT, INCLUDING BREACH THEREOF BY FEDEX. IN ANY EVENT, THE IMPLIED WARRANTY AGGREGATE LIABILITY OF QUALITYFEDEX UNDER THE AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU HEREUNDER. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY EVEN IF FEDEX, MERCHANTABILITYOR AN AUTHORIZED REPRESENTATIVE OF FEDEX, TITLEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A REMEDY SET FORTH IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SOME DAMAGES (E.G., NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL OR CONSEQUENTIAL). ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND SUCH IMPLIED WARRANTIESYOU MAY HAVE ADDITIONAL RIGHTS. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, ANY OTHER WARRANTIESBUT MAY BE LIMITED, 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 THE LIABILITY OF FEDEX WILL BE LIMITED TO THE MAXIMUM AMOUNT OF FIFTY DOLLARS ($50.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE SOLELY RESPONSIBLE FOR FUNDAMENTAL ELEMENTS OF THE RESULTS OBTAINED FROM BASIS OF THE BARGAIN BETWEEN FEDEX AND YOU. FEDEX WOULD NOT BE ABLE TO PROVIDE ACCESS TO OR USE OF THE SOFTWARE. FEDEX TECHNOLOGY OR MARKS 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 USELIMITATIONS.
Appears in 1 contract
Samples: Developer License Agreement
DISCLAIMER OF WARRANTY. TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED AND LICENSED "“AS IS" ” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT . VHD AND FITNESS FOR A PARTICULAR PURPOSE, ITS LICENSORS EXPRESSLY DISCLAIM AND SUCH IMPLIED MAKE NO WARRANTIES, ANY OTHER WARRANTIESCONDITIONS, REPRESENTATIONS, CONDITIONS AND REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED (AND IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE CUSTOM OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED OTHERWISE AS TO THE FULLEST EXTENT PERMITTED BY LAWSOFTWARE OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIFERAY DOES VHD AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT (I) THE FUNCTIONS PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE FROM ERRORS OR DEFECTS, EFFECTIVE OR CORRECT. FURTHERMORE, VHD AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS FREEDOM FROM ERROR OF DEFECT, EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VHD OR ITS LICENSORS OR THEIR AUTHORIZED OR PURPORTED REPRESENTATIVES SHALL CREATE A WARRANTY. VHD AND ITS LICENSORS DO NOT WARRANT THAT ANY DEVICE, SOFTWARE OR DATA WILL 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 DAMAGED BY 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 1 contract
Samples: Software License Agreement
DISCLAIMER OF WARRANTY. THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 12 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY XXXXXXXXX IN CONNECTION WITH THE XXXXXXXXX SOFTWARE AND CUSTOMER DATA, 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 SOFTWARE IS PROVIDED EXPRESS WARRANTIES IN SECTION 12 OF THIS AGREEMENT, XXXXXXXXX DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDALL WARRANTIES, EITHER EXPRESSED REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE XXXXXXXXX SOFTWARE, CUSTOMER DATA OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITYTITLE, MERCHANTABILITY, TITLEMERCHANTABLE QUALITY, DATA PROTECTION AND BACKUP, DATA ACCURACY, NON-INFRINGEMENT INTERFERENCE, 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,
(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 USEOTHER HARMFUL COMPUTER CODE.
Appears in 1 contract
Samples: Software License 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, WEAPONS SYSTEMS,
(C) AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT SYSTEMS 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.
2. If a jurisdiction applicable to this XXXX restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (a) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEeach warranty which cannot be excluded is limited in time to 60 days from the date of first delivery of the Licensed Software; and (b) Company's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 9.
Appears in 1 contract
Samples: 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 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,
(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 USEWARRANT THIRD PARTY PRODUCTS.
Appears in 1 contract
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; (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 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 SELLER 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 SELLER THAT IT HAS 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,
(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 BE MADE SUCH USEINSPECTIONS AS BUYER DEEMS APPROPRIATE.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Halcon Resources Corp)
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,
(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 1 contract
Samples: Purchase and Sale Agreement (Midstates Petroleum Company, Inc.)
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,
(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 USEMoney will not be paid back to the customer.
Appears in 1 contract
Samples: Terms of Use