Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.

Appears in 4 contracts

Samples: License and Services Agreement, License Server Agreement, License Server Agreement

AutoNDA by SimpleDocs

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES a. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERSOFTWARE IS PROVIDED "AS IS", THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED 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 FOREGOING RESTRICTS WARRANTEES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED MINIMUM REQUIRED BY LAW WHICH CANNOT BE EXCLUDEDLAW. b. Software may contain, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONor 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 (a) if Xerox is denied access to the Software and/or the system as provided herein, (b) you otherwise breach any term of this Agreement, or (c) such license is terminated or expires. 4.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE DATA AND AGREES ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE LICENSE SERVERDATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY EXCHANGE GIVES NO WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS AS TO THE MAXIMUM EXTENT PERMITTED BY LAWFITNESS, ALL WARRANTIES, TERMS, REPRESENTATIONS, CAPACITY OR CONDITIONS CONDUCT OF ANY KIND, EXPRESS OTHER PERSON HAVING ACCESS TO THE DATA OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONDATA SYSTEM.

Appears in 3 contracts

Samples: Data Agreement, Data Agreement, Data Vendor Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE DATA AND AGREES ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA CLIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE LICENSE SERVERDATA OR THE DATA SYSTEM WILL MEET DATA CLIENT’S REQUIREMENTS, THE LICENSE FILESBE COMPLETE, ANY OTHER SOFTWARE ACCURATE, SEQUENTIAL, ERROR-FREE OR SUPPORT OPERATE WITHOUT DELAY OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-INTERRUPTION. NEO EXCHANGE INC. IS BASIS WITHOUT ANY A THIRD PARTY BENEFICIARY OF THIS AGREEMENT AND IT GIVES NO WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS AS TO THE MAXIMUM EXTENT PERMITTED BY LAWFITNESS, ALL WARRANTIES, TERMS, REPRESENTATIONS, CAPACITY OR CONDITIONS CONDUCT OF ANY KIND, EXPRESS OTHER PERSON HAVING ACCESS TO THE DATA OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONDATA SYSTEM.

Appears in 3 contracts

Samples: Data Agreement, Data Agreement, Data Vendor Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES LIMITATION OF LIABILITY [SYSTEM OWNER/PROVIDER] MAKES NO WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION DESCRIPTION, QUALITY, MECHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY FIBERS OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND AGREES THAT DISCLAIMED. IN NO EVENT SHALL [SYSTEM OWNER/PROVIDER] OR ANY CONTRACTOR PROVIDING MAINTENANCE AND REPAIR SERVICE FOR THE LICENSE SERVER[SYSTEM OWNER/PROVIDER] BE LIABLE TO THE OTHER PARTY FOR DAMAGES FOR LOST OR PROSPECTIVE PROFITS, OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER OCCASIONED BY ANY REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY, THE LICENSE FILES[SYSTEM OWNER/PROVIDER] OR CONTRACTOR, ANY OTHER SOFTWARE AND WHETHER OR SUPPORT NOT ARISING FROM SOLE, JOINT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, CONCURRENT NEGLIGENCE OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONSTRICT LIABILITY.

Appears in 2 contracts

Samples: Construction Iru Agreement (Electric Lightwave Inc), Construction Iru Agreement (Electric Lightwave Inc)

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND AGREES OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO ANY SOFTWARE OR OTHER MATERIALS, OR ANY SERVICES, MADE AVAILABLE TO USER, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTEE THAT THE LICENSE SERVERSERVICES PROVIDED BY LTSE WILL MEET USER'S REQUIREMENTS, THE LICENSE FILESBE ERROR FREE, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS OPERATE WITHOUT ANY INTERRUPTION. LTSE GIVES NO WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS AS TO THE MAXIMUM EXTENT PERMITTED BY LAWFITNESS, ALL WARRANTIES, TERMS, REPRESENTATIONSCAPACITY, OR CONDITIONS CONDUCT OF ANY KIND, EXPRESS OTHER PERSON HAVING ACCESS TO THE SERVICES AND SHALL NOT BE HELD LIABLE TO OR IMPLIED (WHETHER THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF THE SERVICES BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) ANOTHER PERSON HAVING ACCESS TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY FAILURE TO CONCLUDE TRANSACTIONS OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE TRANSACTIONS OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONTO OTHERWISE ACT LAWFULLY.

Appears in 2 contracts

Samples: Connectivity Services Agreement, Connectivity Services Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS,” AND MALWAREBYTES DISCLAIMS ANY AND ALL WARRANTIESWARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND ANY SERVICES PROVIDED BY MALWAREBYTES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CHAOS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 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 ANY OTHER PROVISION OF THIS SECTION 9, MALWAREBYTES DOES NOT WARRANT THAT THAT: (A) THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, OPERATE IN AN ERROR-FREE, ACCURATE, RELIABLE, FREE AND/OR COMPLETE NOR THAT DEFECTS UNINTERRUPTED MANNER; AND/OR FAULTS (B) THE SOFTWARE WILL BE CORRECTEDELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF MSP WILL MAKE NO WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED REPRESENTATIONS IN MALWAREBYTES' NAME OR MODIFIED BY A CONTRACTUAL RESTRICTIONON MALWAREBYTES' BEHALF.

Appears in 2 contracts

Samples: Managed Services Provider Agreement, Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MIX (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND AGREES INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS" AND "AS AVAILABLE." MGEX DOES NOT WARRANT THAT THE LICENSE SERVERFUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE LICENSE FILESSITE, ANY OTHER SOFTWARE INCLUDING FORUMS OR SUPPORT THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS HARMFUL COMPONENTS. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY LAW, MGEX AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, TERMS, REPRESENTATIONS, EXPRESS OR CONDITIONS IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVERCOMPATABILITY, THE LICENSE FILESSECURITY, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLEACCURACY, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONNON- INFRINGEMENT.

Appears in 1 contract

Samples: Mgex Info Xchange Registered User Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES a. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERSOFTWARE IS PROVIDED "AS IS", THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED 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 FOREGOING RESTRICTS WARRANTEES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED MINIMUM REQUIRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONLAW.

Appears in 1 contract

Samples: Important Please Read

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERLICENSED SOFTWARE IS PROVIDED “AS IS”, THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, LICENSED SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE LICENSED SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED 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 FOREGOING RESTRICTS WARRANTIES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED MINIMUM REQUIRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONLAW.

Appears in 1 contract

Samples: Software End User License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY INCLUDING THOSE ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CHAOS DOES SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE SERVICE OR OUTPUT SOFTWARE WILL BE UNINTERRUPTED, ERROR-ERROR- FREE, ACCURATEOR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, RELIABLEITS LICENSORS, AFFILIATES, ITS AGENTS, OR COMPLETE NOR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT DEFECTS OR FAULTS ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTED. NOTHING IN NOT APPLY TO YOU TO THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED EXTENT IT IS BARRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES EXCEPT AS SET OUT IN SECTION VII (WARRANTY) HEREOF, UNLESS REQUIRED BY APPLICABLE LAW, BIGANIMAL AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS PROVIDED TO CUSTOMER “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND KIND. EDB AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, TERMSEITHER EXPRESS OR IMPLIED, REPRESENTATIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF ANY KINDTITLE, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CORRECTNESS, RELIABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENTALL OF WHICH ARE HEREBY DISCLAIMED. CHAOS DOES EDB AND ITS SUPPLIERS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SERVICES WILL MEET LICENSEE'S EXPECTATIONS, CUSTOMER’S REQUIREMENTS OR THAT THEIR PERFORMANCE OR OUTPUT THE OPERATION THEREOF WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS ERRORS WILL BE CORRECTED. NOTHING BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY THE USE OF BETA SERVICES. EDB WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY CONNECTION WITH A CONTRACTUAL RESTRICTIONBETA SERVICE.

Appears in 1 contract

Samples: These Biganimal Terms

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES One Diversified, LLC shall use reasonable efforts consistent with prevailing industry standards to maintain Product in a manner which minimizes errors and interruptions. HOWEVER, ONE DIVERSIFIED, LLC DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS WARRANTY AS TO THE MAXIMUM RESULTS THAT MAY BE OBTAINED FROM USE OF PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIESEXCEPT AS EXPRESSLY PROVIDED FOR HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, TERMSNEITHER ONE DIVERSIFIED, REPRESENTATIONSLLC NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR CONDITIONS EMPLOYEE OF ONE DIVERSIFIED, LLC, MAKES ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTEEXPRESS, LAWIMPLIED, CUSTOM, USAGE STATUTORY OR OTHERWISE) , INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE, SECURITY OR NON-INFRINGEMENTAND NONINFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVERNEITHER ONE DIVERSIFIED, THE LICENSE FILESLLC NOR ANY OFFICER, ANY OTHER SOFTWAREDIRECTOR, WILL MEET LICENSEE'S EXPECTATIONSSUBSIDIARY, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLEAFFILIATE, OR COMPLETE NOR THAT DEFECTS EMPLOYEE OF ONE DIVERSIFIED, LLC MAKES ANY REPRESENTATION OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES WARRANTY ABOUT ANY CONTENT OR CONDITIONS WHICH MAY BE IMPLIED INFORMATION MADE ACCESSIBLE BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONTHROUGH PRODUCT.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE CONTENT PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF FHF, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT SITE ARE FREE OF COMPUTER VIRUSES OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE MAXIMUM EXTENT PERMITTED QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY LAWYOU. NONE OF FHF PARTIES MAKES ANY, ALL WARRANTIES, TERMSAND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR CONDITIONS OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAWREGARDING THE SITE OR ANY CONTENT, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR PURPOSE AND NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERRORINFRINGEMENT OF THIRD-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONPARTY RIGHTS.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE PRODUCT IS PROVIDED WITH A 365 DAY LICENSE, AND AGREES WITH WARRANTIES THAT IT IS FREE OF DEFECTS, AS OUTLINED IN THE LICENSE SERVEROWNER/TECHNICAL MANUAL. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SHOULD THE LICENSE FILESPRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSOR SHALL ASSUME THE RESPONSIBLITY OF CORRECTING ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-SUCH DEFECT. NO USE OF THE PRODUCT IS BASIS WITHOUT ANY WARRANTIES AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 7. LIMITATION OF ANY KIND AND CHAOS DISCLAIMS LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIESIN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, TERMSSPECIAL, REPRESENTATIONSINCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYGOODWILL, FITNESS FOR A PARTICULAR PURPOSEWORK STOPPAGE, SECURITY COMPUTER FAILURE OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLEMALFUNCTION, OR COMPLETE NOR THAT DEFECTS ANY AND ALL OTHER COMMERCIAL DAMAGES OR FAULTS WILL BE CORRECTEDLOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NOTHING IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE FOREGOING RESTRICTS AGGREGATE THE EFFECT SUM OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONTHE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). 8.

Appears in 1 contract

Samples: Distribution Agreement (Phon Net Com Inc)

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVEREXCEPT AS EXPRESSLY PROVIDED 10.2 保 証 の 排 除 IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE LICENSE FILESSERVICES, SOFTWARE AND ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES HARDWARE ARE MADE AVAILABLE ON AN AS-IS BASIS PROVIDED BY RED HAT “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED (WHETHER BY STATUTEWARRANTIES UNDER ARTICLE 560 TO 570 OF THE CIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE LICENSE SERVERUSE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE 第10.1条に明示的に定めるか、第三者たるベンダーが個別契約に基づき直接お客様に対し明示的に定める場合を除き、本サービス、本ソフトウェア及びハードウェアは、RED HATによって、「現状のまま」、いかなる種類の保証又は条件(これには、以下のものに限定されないが以下のものが含まれる;民法第560条ないし第570条及び商法第526条に基づく黙示保証に制限されないがこれらを含む日本法に基づく保証、及び、商品性、非権利侵害、特別目的への適合性の黙示保証。)もなく、提供される。RED HATは、本サービス、本ソフトウェア又はハードウェアの使用が中断され 、規制要件を遵守し、エラーのないこと、又は、RED HATがすべての本ソフトウェアのエラーを修正することを保証しない 。 第 10.1 条 に 定 め る 保 証 の 違 反 に つ い て は 、 お 客 様 の 排 他 的 救 済 方 法 及 び RED HAT UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE LICENSE FILESBREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, ANY OTHER SOFTWARECLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLETHE REPERFORMANCE OF DEFICIENT SERVICES, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTEDIF 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. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDWithout limiting the generality of the foregoing disclaimer, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services. の完全な責任は、欠陥のある本サービスの再履行であり、RED HATが商業的に合理的な方法で違反を実質的に訂正できない場合には、お客様は、関係する本サービスを終了し、終了の発効日に欠陥のある本サービスに支払われた本料金を案分した返金を受領することができる 。上記排除の一般性を制限することなく、提供される本ソフトウェア 、本サービス及びハードウェアは、(a) 原子力施設の計画、建設、維持、管理若しくは直接運営での使用、(b)飛行機の航行、制御若しくは通信や武器のシステムでの使用、又は (c)直接の生命維持システムでの使用のために特に設計、製造又は意図さ れたものではない。お客様は、本ソフトウェア及び本サービスの利用 から得た結果のみに責任を負うことに同意する。

Appears in 1 contract

Samples: Enterprise Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES a. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERSOFTWARE IS PROVIDED "AS IS", THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED 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 FOREGOING RESTRICTS WARRANTEES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.MINIMUM REQUIRED

Appears in 1 contract

Samples: Software License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES XXXXXX UNDERSTANDS AND AGREES THAT THE LICENSE SERVERPLATFORM, THE LICENSE FILESACCESS METHOD, ANY OTHER SOFTWARE OR SUPPORT DATA, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, AND ALL SERVICES OR MATERIALS OF ANY KIND PROVIDED BY APOLLO ARE MADE AVAILABLE ON AN AS-IS BASIS PROVIDED “AS IS”. THE APOLLO PARTIES SPECIFICALLY DISCLAIM, WITHOUT ANY LIMITATION, ALL WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAWXXXXXX, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENTINFRINGEMENT AND TITLE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. CHAOS XXXXXX DOES NOT WARRANT THAT THE LICENSE SERVERDATA WILL BE ACCURATE OR COMPLETE OR THAT THE DATA OR THE PLATFORM, THE LICENSE FILESACCESS METHOD, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY OTHER SOFTWARESOW, WILL MEET LICENSEE'S EXPECTATIONSBE ACCESSIBLE OR ERROR FREE. APOLLO PROVIDES NO WARRANTIES REGARDING OR RELATING TO ANY TRANSACTIONS, INCLUDING WITHOUT LIMITATION ANY TRADES, THAT THEIR PERFORMANCE ARE PERFORMED THROUGH OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, IN CONJUNCTION WITH THE PLATFORM OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTEDUSING THE DATA. NOTHING IN XXXXXX’X USE OF THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONDATA IS AT ITS OWN RISK.

Appears in 1 contract

Samples: Datalive Software License (Aspirity Holdings LLC)

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES a. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERSOFTWARE IS PROVIDED "AS IS", THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED 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 FOREGOING RESTRICTS WARRANTEES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED MINIMUM REQUIRED BY LAW WHICH CANNOT BE EXCLUDEDLAW. b. Software may contain, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.or be modified to contain, computer code

Appears in 1 contract

Samples: Software License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS FAULTS. SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY INCLUDING THOSE ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CHAOS DOES SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE SERVICE OR OUTPUT SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATEOR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, RELIABLEITS LICENSORS, AFFILIATES, ITS AGENTS, OR COMPLETE NOR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT DEFECTS OR FAULTS ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTED. NOTHING IN NOT APPLY TO YOU TO THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED EXTENT IT IS BARRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service and End User License Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND (2) SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, ACCURATESUBSCRIPTIONS, RELIABLEPRODUCTS, OR COMPLETE NOR THAT DEFECTS INFORMATION PURCHASED OR FAULTS OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SOFTWARE; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDADDITION, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONSYMANTEC DOES NOT WARRANT ANY THIRD-PARTY PRODUCTS.

Appears in 1 contract

Samples: Symantec Customer Agreement

DISCLAIMER OF WARRANTY. THIS SOFTWARE IS NOT ERROR FREE. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVERSOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND ACCEPTS THAT THERE MAY BE REMAINING "BUGS" IN THE LICENSE FILESSOFTWARE. THIS SOFTWARE MAY NOT MATCH OR COVER LICENSEE’S NEEDS. FUNCTIONALLITY AND DESCRIPTION OF WESIP IS PROVIDED AT xxx.xxxxx.xx. UNLESS SPECIFIED IN THIS AGREEMENT, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES LICENSOR (INCLUDING FOR PURPOSES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAWTHIS ENTIRE PARAGRAPH ITS OFFICERS, ALL DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS) MAKES NO WARRANTIES, TERMSEXPRESSED OR IMPLIED, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS LICENSOR DOES NOT WARRANT THAT THE LICENSE SERVERQUALITY OR PERFORMANCE OF THE SOFTWARE. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE LICENSE FILESDESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. VOZTELECOM SPECIFICALLY DISCLAIMS ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE EXPRESS OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT IMPLIED WARRANTY OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONFITNESS FOR SUCH PURPOSES.

Appears in 1 contract

Samples: Non Commercial Software License Agreement

AutoNDA by SimpleDocs

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERLICENSED SOFTWARE IS PROVIDED “AS IS”, THE LICENSE FILESWITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ANY OTHER SOFTWARE EXPRESS OR SUPPORT IMPLIED, WHETHER CREATED BY STATUTE OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY MERCHANTABILITY OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CHAOS DOES XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, LICENSED SOFTWARE WILL MEET LICENSEE'S EXPECTATIONSYOUR PARTICULAR REQUIREMENTS, THAT THEIR PERFORMANCE IT WILL OPERATE UNINTERRUPTED OR OUTPUT WILL BE UNINTERRUPTED, ERROR-ERROR FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS IN THE LICENSED SOFTWARE CAN OR FAULTS WILL BE CORRECTED. NOTHING ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, 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 FOREGOING RESTRICTS WARRANTIES HEREUNDER SHALL BE THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED MINIMUM REQUIRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONLAW.

Appears in 1 contract

Samples: download.support.xerox.com

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY INCLUDING THOSE ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CHAOS DOES SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE SERVICE OR OUTPUT SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLESECURE, OR A COMPLETE NOR REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT DEFECTS OR FAULTS ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTED. NOTHING IN NOT APPLY TO YOU TO THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED EXTENT IT IS BARRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SERVERSERVICES AND ANY OTHER THINGS DELIVERED, THE LICENSE FILESOR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED "AS IS, WHERE IS" WITH ALL FAULTS AND DEFECTS. NW HEREBY DISCLAIMS, AND PINNACLE HEREBY WAIVES, RELEASES AND RENOUNCES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES AND ALL OBLIGATIONS AND LIABILITIES OF ANY KIND NW AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAWRIGHTS, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS CLAIMS AND REMEDIES OF ANY KINDPINNACLE AGAINST NW, EXPRESS OR IMPLIED (WHETHER IMPLIED, ARISING BY STATUTE, LAW, CUSTOM, USAGE LAW OR OTHERWISE, WITH RESPECT TO ANY FAULT OR DEFECT IN SUCH SERVICES OR ANY OTHER THINGS DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO (A) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE COURSE OF DEALING OR NON-INFRINGEMENT. CHAOS USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW'S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT WARRANT THAT THE LICENSE SERVERAPPLY TO A TORT CLAIM ARISING FROM NW'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, THE LICENSE FILESAND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER SOFTWAREDIRECT, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE INCIDENTAL OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONCONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Assistance Services Agreement (Pinnacle Airlines Corp)

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS FAULTS. SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY INCLUDING THOSE ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CHAOS DOES SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE SERVICE OR OUTPUT SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATEOR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, RELIABLEITS LICENSORS, AFFILIATES, ITS AGENTS, OR COMPLETE NOR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT DEFECTS OR FAULTS ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTEDNOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. NOTHING UK CONSUMERS ONLY: IF YOU ARE A CONSUMER IN THE FOREGOING RESTRICTS THE EFFECT UNITED KINGDOM, YOU MAY HAVE CERTAIN STATUTORY RIGHTS IN RESPECT OF WARRANTIES LOSSES CAUSED BY SYMANTEC’S NEGLIGENCE, OR SYMANTEC’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. THESE TERMS AND CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDSHALL NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS, RESTRICTED CONTACT YOUR LOCAL TRADING STANDARDS’ DEPARTMENT OR MODIFIED BY A CONTRACTUAL RESTRICTIONCITIZENS ADVICE BUREAU.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE CONTENT PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREES AGREE THAT THE LICENSE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE”BASIS. NONE OF FHF, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT SITE ARE FREE OF COMPUTER VIRUSES OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE MAXIMUM EXTENT PERMITTED QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY LAWYOU. NONE OF FHF PARTIES MAKES ANY, ALL WARRANTIES, TERMSAND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR CONDITIONS OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAWREGARDING THE SITE OR ANY CONTENT, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR PURPOSE AND NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERRORINFRINGEMENT OF THIRD-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONPARTY RIGHTS.

Appears in 1 contract

Samples: Terms of Use

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOBILE SERVICES AND AGREES THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTION, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIAL AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MCA DOES NOT WARRANT THAT THE LICENSE SERVERFUNCTIONS CONTAINED IN THE SITE, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES FREE OF ANY KIND AND CHAOS DISCLAIMS VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY LAW, MCA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, TERMS, REPRESENTATIONS, EXPRESS OR CONDITIONS IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), SECURITY COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE SOFTWARE AND MANAGED SERVICES IS PROVIDED “AS IS,” AND COMPANY DISCLAIMS ANY AND ALL WARRANTIESWARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE OR MANAGED SERVICES AND ANY SERVICES PROVIDED BY COMPANY, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CHAOS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE OR MANAGED SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 11, COMPANY DOES NOT WARRANT THAT THAT: (A) THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, SOFTWARE OR MANAGED SERVICES WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, OPERATE IN AN ERROR-FREE, ACCURATE, RELIABLE, FREE AND/OR COMPLETE NOR THAT DEFECTS UNINTERRUPTED MANNER; AND/OR FAULTS (B) THE SOFTWARE OR MANAGED SERVICES WILL BE CORRECTEDELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF MSP WILL MAKE NO WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED REPRESENTATIONS IN COMPANY’S NAME OR MODIFIED BY A CONTRACTUAL RESTRICTIONON COMPANY’S BEHALF.

Appears in 1 contract

Samples: Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES THE EQUIPMENT AND AGREES THE SERVICE(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, CARRIER OF WIRELESS SERVICE, OR BUSINESS PARTNERS (collectively “Business Partners”) WARRANT THAT THE LICENSE SERVEREQUIPMENT OR THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, THE LICENSE FILESTHAT ANY COMMUNICATIONS (INCLUDING ANY COMMUNICATIONS WITH YOUR HEALTHCARE PROVIDER OR SOCIAL SERVICE AGENCIES) WILL BE TRANSMITTED IN UNCORRUPTED FORM, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONSPROVIDE UNINTERRUPTED USE, OR CONDITIONS OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITYPERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, SECURITY ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED RESTRICTED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONAPPLICABLE LAW.

Appears in 1 contract

Samples: assets-global.website-files.com

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS FAULTS. SYMANTEC AND ITS LICENSORS AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY INCLUDING THOSE ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CHAOS DOES SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE SERVICE OR OUTPUT SOFTWARE WILL BE UNINTERRUPTED, ERROR-ERROR- FREE, ACCURATE, RELIABLESECURE, OR A COMPLETE NOR REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE OF THE SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT DEFECTS OR FAULTS ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTED. NOTHING IN NOT APPLY TO YOU TO THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED EXTENT IT IS BARRED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES uWINK SPECIFICALLY PROVIDES NO WARRANTY WHATSOEVER THAT THE LICENSE SERVER, uWINK PRODUCTS AND MATERIALS RELATED THERETO OR ALL COMPONENTS THEREOF WILL BE BUG OR ERROR FREE OR THAT THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND uWINK PRODUCTS AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAWMATERIALS RELATED THERETO, ALL WARRANTIESCOMPONENTS THEREOF, TERMSWILL BE SUITABLE FOR SGC'S PURPOSES OR THAT ANY LETTERS PATENT WILL BE GRANTED FOR ANY OF THE ELECTED PATENTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN A SEPARATE WRITING, REPRESENTATIONSuWINK EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE uWINK PRODUCTS AND MATERIALS RELATED THERETO AND ALL COMPONENTS THEREOF AND ALL ELECTED PATENTS, WHETHER EXPRESS, IMPLIED OR CONDITIONS OF ANY KINDSTATUTORY, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE INFRINGEMENT OF THIRD PARTY RIGHTS OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, BASED ON COURSE OF CONDUCT OR COMPLETE NOR THAT DEFECTS TRADE CUSTOM OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONUSAGE.

Appears in 1 contract

Samples: Agreement (uWink, Inc.)

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THE PARTIES ACKNOWLEDGE THAT THE LICENSE SERVERCOVID-19 TEST KITS TO BE USED IN CONNECTION WITH THIS AGREEMENT ARE FOR SCREENING PURPOSES ONLY AND MAY NOT IN ALL CASES PROVIDE A DEFINITIVE RESULT. AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE- NEGATIVE RESULTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE COVID-19 TEST KITS PROVIDED UNDER THIS AGREEMENT MAY NOT BE EFFECTIVE FOR ANY MUTATIONS OF COVID-19. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7 AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE LICENSE FILESSERVICES AND PRODUCTS PROVIDED - - ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY AS TO THE SERVICES, PRODUCTS, OR ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS MATTER WHATSOEVER. EXCEPT TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL WARRANTIES, TERMS, REPRESENTATIONS, OR OTHER WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY USE, OR A PARTICULAR OR BUSINESS RESULT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CHAOS DOES NOT WARRANT EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CONTRACTOR MAKES NO WARRANTY THAT THE LICENSE SERVERPRODUCTS OR SERVICES REQUIREMENTS OR INTENDED PURPOSES OR USES; (II) PREVENT THE SPREAD OR INCURRENCE OF ANY ILLNESS, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLEVIRUS, OR COMPLETE NOR THAT DEFECTS BACTERIA; (III) BE FREE FROM DEFECTS, WHETHER PATENT OR FAULTS WILL BE CORRECTED. NOTHING LATENT, IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES DESIGN, MATERIALS OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONWORKMANSHIP.

Appears in 1 contract

Samples: files.covid19.ca.gov

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT) ARE PROVIDED "AS IS" AND AGREES "AS AVAILABLE." NEITHER THE PUBLISHER NOR VAR WARRANTS THAT THE LICENSE SERVERFUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE LICENSE FILESSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, ANY OTHER SOFTWARE OR SUPPORT THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS HARMFUL COMPONENTS. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY LAW, THE PUBLISHER AND VAR DISCLAIM ALL WARRANTIES, TERMS, REPRESENTATIONS, EXPRESS OR CONDITIONS IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (WHETHER BY STATUTE, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), SECURITY COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. CHAOS DOES NOT WARRANT THAT THE LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTION.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT Customer acknowledges and agrees that NET2EZ exercises no control over, and accepts no responsibility for, the content of the information passing through NET2EZ’s host computers, network hubs and points of presence (the “NET2EZ Network”) or the Internet. EXCEPT FOR THE LICENSE SERVERSERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT, NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT LIKE MAKE ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED (WHETHER BY STATUTEIMPLIED, LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENTINFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT NET2EZ PROVIDES. CHAOS DOES NOT EXCEPT FOR THE SERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT (i) NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE LICENSE SERVERSERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE LICENSE FILES, SERVICES; AND (ii) NET2EZ IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE DATA TRANSFERRED EITHER TO OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, FROM CUSTOMER OR COMPLETE NOR THAT DEFECTS STORED BY CUSTOMER OR FAULTS WILL BE CORRECTED. NOTHING IN ANY OF CUSTOMER’S CLIENTELE VIA THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED SERVICE(S) PROVIDED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY A CONTRACTUAL RESTRICTIONNET2EZ.

Appears in 1 contract

Samples: Service Agreement (Cvent Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.