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

Disclaimer, Warranty and Limitation of Liability. 5.1 LICENSEE ACCEPTS THE PROGRAM ON AN "AS IS" BASIS. GTRC MAKES NO WARRANTY THAT ALL ERRORS CAN BE OR HAVE BEEN ELIMINATED FROM THE PROGRAM. GTRC MAKES NO WARRANTY THAT THE PROGRAM WILL PROPERLY INTERACT WITH ANY ACCOMPANYING SOFTWARE. GTRC SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM AND CAN IN NO WAY PROVIDE COMPENSATION FOR ANY LOSSES SUSTAINED, INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE, MACHINE DOWNTIME OR DAMAGES CAUSED LICENSEE BY ANY DEFICIENCY, DEFECT OR ERROR IN THE PROGRAM OR MALFUNCTION THEREOF, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. GTRC DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED RESPECTING THE USE AND OPERATION OF THE PROGRAM AND ITS ACCOMPANYING DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GTRC MAKES NO WARRANTY THAT THE PROGRAM IS ADEQUATELY OR COMPLETELY DESCRIBED IN, OR BEHAVES IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION. THE LICENSEE IS EXPECTED TO MAKE THE FINAL EVALUATION OF THE PROGRAM'S USEFULNESS IN LICENSEE'S OWN ENVIRONMENT. 5.2 Licensee represents that it has not received notice claiming that the Licensed Program infringes the intellectual property rights of any third party. 5.3 In no event shall GTRC be liable for any use by Licensee of the Licensed Program or any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with Licensee's performance under this Agreement other than for breach of Articles IV and VII, and other than a claim for return of the license fee for any other breach of this Agreement. 5.4 Other than as GTRC may determine is necessary at its sole discretion in accordance with Section 3.2, GTRC shall have no obligation for support or maintenance of the Licensed Program. Any additional support may be obtained by Licensee under a separate agreement at Xx. Xxxxxxxx'x sole discretion.

Disclaimer, Warranty and Limitation of Liability. 5.1 LICENSEE ACCEPTS 11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LSU LICENSES THE PROGRAM ON AN "INVENTION AND THE PATENT RIGHTS “AS IS" BASIS, WITH ALL FAULTS” AND DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INVENTION AND THE PATENT RIGHTS, INCLUDING CONDITION, VALIDITY, SCOPE, ENFORCEABILITY, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR APPARENT DEFECTS THEREIN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 11.2 LICENSEE AND SUBLICENSEES ASSUME THE ENTIRE RISK AS TO PERFORMANCE OF PRODUCTS. GTRC MAKES IN NO WARRANTY THAT ALL ERRORS CAN EVENT SHALL LSU BE LIABLE FOR ANY USE BY LICENSEE OF THE INVENTION, PRODUCTS, OR HAVE BEEN ELIMINATED THE PATENT RIGHTS OR ANY LOSS, CLAIM, DAMAGE OR LIABILITY, OF WHATSOEVER KIND OR NATURE, WHICH MAY ARISE FROM THE PROGRAM. GTRC MAKES NO WARRANTY THAT THE PROGRAM WILL PROPERLY INTERACT OR IN CONNECTION WITH ANY ACCOMPANYING SOFTWARE. GTRC LICENSEE’S PERFORMANCE UNDER THIS AGREEMENT. 11.3 LSU SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM AND CAN IN NO WAY PROVIDE COMPENSATION LIABLE FOR ANY LOSSES SUSTAINEDINDIRECT, INCLUDING BUT NOT LIMITED TO ANY OBLIGATIONINCIDENTAL, LIABILITYSPECIAL, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE, MACHINE DOWNTIME OR DAMAGES CAUSED LICENSEE BY ANY DEFICIENCY, DEFECT OR ERROR IN THE PROGRAM OR MALFUNCTION THEREOF, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. GTRC DISCLAIMS ALL WARRANTIESARISING, BOTH EXPRESS AND IMPLIED RESPECTING THE USE AND OPERATION EVEN IF LSU HAS BEEN ADVISED OF THE PROGRAM POSSIBILITY OF SUCH DAMAGES. LSU’S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND ITS ACCOMPANYING DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING THE LICENSE GRANTED HEREIN SHALL IN NO EVENT EXCEED THE AMOUNT RECEIVED BY LSU FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GTRC MAKES NO WARRANTY THAT THE PROGRAM IS ADEQUATELY OR COMPLETELY DESCRIBED IN, OR BEHAVES IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATIONLICENSEE UNDER THIS AGREEMENT. THE LICENSEE IS EXPECTED TO MAKE THE FINAL EVALUATION LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF THE PROGRAM'S USEFULNESS IN LICENSEE'S OWN ENVIRONMENTLEGAL THEORY ON WHICH THE LIABILITY IS BASED, AND REGARDLESS OF WHETHER LSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5.2 Licensee represents that it has not received notice claiming that the Licensed Program infringes the intellectual property rights of any third party. 5.3 In no event shall GTRC be liable for any use by Licensee of the Licensed Program or any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with Licensee's performance under this Agreement other than for breach of Articles IV and VII, and other than a claim for return of the license fee for any other breach of this Agreement. 5.4 Other than as GTRC may determine is necessary at its sole discretion in accordance with Section 3.2, GTRC shall have no obligation for support or maintenance of the Licensed Program. Any additional support may be obtained by Licensee under a separate agreement at Xx. Xxxxxxxx'x sole discretion.

Disclaimer, Warranty and Limitation of Liability. 5.1 3.1 LICENSEE ACCEPTS THE PROGRAM ON AN "AS IS" BASIS. GTRC MAKES NO WARRANTY THAT ALL ERRORS CAN BE OR HAVE BEEN ELIMINATED FROM THE PROGRAM. GTRC MAKES NO WARRANTY THAT THE PROGRAM WILL PROPERLY INTERACT WITH ANY ACCOMPANYING SOFTWARE. GTRC SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM AND CAN IN NO WAY PROVIDE COMPENSATION FOR ANY LOSSES SUSTAINED, INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE, MACHINE DOWNTIME OR DAMAGES CAUSED LICENSEE BY ANY DEFICIENCY, DEFECT OR ERROR IN THE PROGRAM OR MALFUNCTION THEREOF, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. GTRC DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED RESPECTING THE USE AND OPERATION OF THE PROGRAM AND ITS ACCOMPANYING DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GTRC MAKES NO WARRANTY THAT THE PROGRAM IS ADEQUATELY OR COMPLETELY DESCRIBED IN, OR BEHAVES IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION. THE LICENSEE IS EXPECTED TO MAKE THE FINAL EVALUATION OF THE PROGRAM'S USEFULNESS IN LICENSEE'S OWN ENVIRONMENT. 5.2 Licensee represents that it has not received notice claiming that the Licensed Program infringes the intellectual property rights of any third party. 5.3 3.2 In no event shall GTRC be liable for any use by Licensee of the Licensed Program or any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with Licensee's performance under this Agreement other than for breach of Articles IV and VII, and other than a claim for return of the license fee for any other breach of this Agreement. 5.4 Other than as GTRC may determine is necessary at its sole discretion in accordance with Section 3.2, 3.3 GTRC shall have no obligation for support or maintenance of the Licensed Program. Any additional support may be obtained by Licensee under a separate agreement at Xx. Xxxxxxxx'x sole discretion.