Common use of Disclaimer Clause in Contracts

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 4 contracts

Samples: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement

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Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES DESCRIBED IN SECTION 12.1 AND 12.2 ABOVE, CONTENT THE AXIS TECHNOLOGY, INCLUDING ANY THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, ARE DELIVERED “AS IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE AXIS TECHNOLOGY AND ANY THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXIS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (COLLECTIVELY, THE “AXIS PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE AND NON- INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE AXIS TECHNOLOGY, INCLUDING ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING, THE AXIS PARTIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE AXIS TECHNOLOGY, INCLUDING ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE AXIS TECHNOLOGY WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AXIS DISCLAIMS ANY LIABILITY RELATING THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AXIS PARTY OR ANY REPRESENTATIVE THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THE SCOPE AND OPERATION OF THIS DISCLAIMER. THE INFORMATION AND SERVICES MAY CONTAIN BUGSAXIS TECHNOLOGY IS NOT INTENDED FOR USE RELATED TO THE OPERATION OF NUCLEAR FACILITIES, ERRORSAIRCRAFT COMMUNICATION SYSTEMS, PROBLEMS AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE EQUIPMENT IN WHICH THE FAILURE OF ANY INFORMATION OR SERVICETHE AXIS TECHNOLOGY COULD LEAD TO DEATH, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONPERSONAL INJURY, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY SEVERE PHYSICAL OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUENVIRONMENTAL DAMAGE. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 4 contracts

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

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, CONTENT AND DOCUMENTS FROM OR THROUGH TO THE SITE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY INDIRECT, SPECIAL, INCIDENTAL ACTION OR CONSEQUENTIAL DAMAGES INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (INCLUDING DAMAGES FOR LOSS c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER SERVICES BASED ON BREACH THE FLOW OF CONTRACTDATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, BREACH WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF WARRANTYINTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ACTIONS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY INACTIONS OF SUCH DAMAGESTHIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. THE NEGATION ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUAVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. THIS SITE AND THE PRODUCTSACCORDINGLY, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDEVENTS.

Appears in 4 contracts

Samples: Fiscal Agent End User Subscription Agreement, Fiscal Agent End User Subscription Agreement, Fiscal Agent End User Subscription Agreement

Disclaimer. THE INFORMATIONEXCEPT AS WARRANTED IN SECTION 8.1, CONTENT ALL SOFTWARE, DELIVERABLES, INFORMATION AND DOCUMENTS FROM SERVICES PROVIDED OR THROUGH THE SITE MADE AVAILABLE BY US TO YOU HEREUNDER (“Items”) ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND WITHOUT ANY WARRANTY WHATSOEVER, AND WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED OTHER WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE DISCLAIMER OF ITEMS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONSNON-INFRINGEMENT. WE AND OUR AFFILIATED PARTIES HAVE DO NOT WARRANT THAT THE ITEMS WILL BE ERROR-FREE, COMPLETELY SECURE, OR BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. WE MAKE NO LIABILITY WHATSOEVER FOR YOUR USE WARRANTIES OR REPRESENTATIONS REGARDING ACCURACY OF ANY INFORMATION INFORMATIONAL CONTENT OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONSYSTEM INTEGRATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED APPROPRIATENESS OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE FOR ANY PARTICULAR SYSTEM. THE NEGATION SOFTWARE AND SERVICE ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE SOFTWARE AND SERVICE ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF MAY NOT APPLY TO YOU, BUT THIS SECTION SHALL BE ENFORCEABLE TO THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED MAXIMUM EXTENT PERMITTED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDAPPLICABLE LAW.

Appears in 4 contracts

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

Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES DESCRIBED IN SECTION 12.1 AND 12.2 ABOVE, CONTENT THE AXIS TECHNOLOGY, INCLUDING ANY THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, ARE DELIVERED “AS IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE AXIS TECHNOLOGY AND ANY THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXIS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (COLLECTIVELY, THE “AXIS PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE AND NON- INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE AXIS TECHNOLOGY, INCLUDING ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING, THE AXIS PARTIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE AXIS TECHNOLOGY, INCLUDING ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE AXIS TECHNOLOGY WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AXIS DISCLAIMS ANY LIABILITY RELATING THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AXIS PARTY OR ANY REPRESENTATIVE THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THE SCOPE AND OPERATION OF THIS DISCLAIMER. AXIS SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY IN RELATION TO ANY CLAIMS BASED ON ANY ACTS OR OMISSIONS BY AN AXIS PARTNER. THE INFORMATION AND SERVICES MAY CONTAIN BUGSAXIS TECHNOLOGY IS NOT INTENDED FOR USE RELATED TO THE OPERATION OF NUCLEAR FACILITIES, ERRORSAIRCRAFT COMMUNICATION SYSTEMS, PROBLEMS AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE EQUIPMENT IN WHICH THE FAILURE OF ANY INFORMATION OR SERVICETHE AXIS TECHNOLOGY COULD LEAD TO DEATH, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONPERSONAL INJURY, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY SEVERE PHYSICAL OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUENVIRONMENTAL DAMAGE. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 3 contracts

Samples: General License Agreement, Axis End User License Agreement, Axis End User License Agreement

Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE INFORMATIONPLATFORM AND PLATFORM DATA OBTAINED THEREFROM OR FROM OTHER THIRD PARTY PLATFORM DATA PROVIDERS, CONTENT IS AT YOUR OWN RISK. YOU AGREE NEITHER GS1 US, GS1 AISBL, NOR ANY GS1 INTERNATIONAL MEMBER ORGANIZATIONS (COLLECTIVELY, “GS1 ENTITIES”) WILL BE RESPONSIBLE FOR ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM AND DOCUMENTS PLATFORM DATA OBTAINED THEREFROM OR FROM THIRD PARTIES (EVEN IF VERIFIED BY GS1) AND THAT YOU ARE SOLELY LIABLE FOR ANY DAMAGES ARISING FROM USE OF THE PLATFORM OR PLATFORM DATA AND YOU WILL INDEMNIFY AND HOLD THE GS1 ENTITIES HARMLESS FROM ALL SUCH LIABILITY. THE PLATFORM AND PLATFORM DATA, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSIBLE THROUGH, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GS1 ENTITIES MAKE NO GUARANTEES THAT THE PLATFORM DATA IS CURRENT, COMPLETE OR ACCURATE OR IS SUITABLE FOR REGULATORY PURPOSES OR COMPLYING WITH REGULATORY REPORTING REQUIREMENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE GS1 ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR RELATING TO ANY OF THE MATERIALS, OR RELATING TO ANY LINKS TO OTHER SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”PLATFORM, AND ALL ANY THIRD PARTY PLATFORM OR ANY LINKED SITE. FURTHERMORE, THE GS1 ENTITIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF WITHOUT LIMITATION, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSGS1 ENTITIES DO NOT WARRANT THAT THE PLATFORM, ERRORSTHE PLATFORM DATA OR THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, PROBLEMS OR THAT THE MATERIALS WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR PLATFORM DATA IS FREE OF VIRUSES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDHARMFUL COMPONENTS.

Appears in 3 contracts

Samples: documents.gs1us.org, www.gs1us.org, www.gs1us.org

Disclaimer. THE INFORMATION, CONTENT WARRANTIES AND DOCUMENTS FROM ANY ASSOCIATED REMEDIES EXPRESSED OR THROUGH REFERENCED IN THE SITE AGREEMENT ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL EXCLUSIVE. NO OTHER WARRANTIES, EXPRESS WRITTEN OR IMPLIEDORAL, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED EXPRESSED OR IMPLIED BY PROVIDER OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE DISCLAIMER OF MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE OPERATION, FITNESS FOR A PARTICULAR PURPOSE), TITLE, AND NONINFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF FOREGOING EXCLUSIONS SHALL NOT APPLY TO CUSTOMER WITH RESPECT TO ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES WARRANTIES THAT ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF REQUIRED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF SUCH DAMAGESCONTRACTUAL WAIVER. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS NO ORAL OR WRITTEN INFORMATION OR ADVICE OUTSIDE OF THE BASIS OF AGREEMENT SHALL BE DEEMED TO CREATE A WARRANTY OR IN ANY WAY INCREASE THE BARGAIN BETWEEN US EXPRESS WARRANTIES AND YOUREMEDIES IN THE AGREEMENT. THIS SITE ANY WARRANTIES REQUIRED BY APPLICABLE LAW THAT BY LAW CANNOT BE DISCLAIMED OR EXCLUDED ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED REMEDIES SPECIFIED IN THE AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDAPPLICABLE LAW.

Appears in 3 contracts

Samples: General Terms, General Terms, General Terms

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS WARRANTIES IN THIS SECTION 8, CONTENT CROWDSTRIKE AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ITS AFFILIATES DISCLAIM ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE. TO THE DISCLAIMER OF ANY MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE, AND NON-INFRINGMENT WITH RESPECT TO THE OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE INFORMATION OFFERINGS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES CROWDSTRIKE TOOLS ARE NOT LIABLE FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY INDIRECTHAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, SPECIALNUCLEAR FACILITIES, INCIDENTAL COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSINDIRECT LIFE- SUPPORT SYSTEMS, LOSS OF PROFITS, LITIGATIONAIR TRAFFIC CONTROL, OR THE LIKE)ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, WHETHER BASED ON BREACH OF CONTRACTSEVERE PHYSICAL INJURY, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPROPERTY DAMAGE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUCustomer agrees that it is Customer’s responsibility to ensure safe use of an Offering and the CrowdStrike Tools in such applications and installations. THIS SITE AND THE PRODUCTS, CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN THE INFORMATIONPRODUCT WARRANTY, CONTENT AND DOCUMENTS FROM SOLAREDGE TECHNOLOGIES KOREA DOES NOT MAKE ANY REPRESENTATION OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIESWARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION ANY IMPLIED WARRANTY AS TO QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE, CONCERNING THE USE OR PERFORMANCE OF ANY OF THE PRODUCTS, OR THEIR DESIGN, MATERIALS, WORKMANSHIP, LIFE, PERFORMANCE OR SUITABILITY, OR THE INFORMATION, SPECIFICATIONS OR MANUALS PROVIDED WITH THEM. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WHATSOEVER WILL SOLAREDGE TECHNOLOGIES KOREA HAVE ANY LIABILITY TO BUYER FOR ADVICE, ASSISTANCE, RECOMMENDATIONS OR INFORMATION PROVIDED BY SOLAREDGE TECHNOLOGIES KOREA TO BUYER WITH RESPECT TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSHANDLING, ERRORS, PROBLEMS STORAGE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)PRODUCTS. IN PARTICULAR, BUT THE PRODUCTS ARE NOT INTENDED FOR USE AS A LIMITATION THEREOFPRIMARY OR BACKUP POWER SOURCE FOR: (I) AIRCRAFT, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE UNMANNED AERIAL VEHICLE OR AIRCRAFT SYSTEMS, SPACECRAFT, OR ANY OTHER PRODUCTS INSTALLED IN AIRCRAFT OR USED IN CONNECTION WITH AIRCRAFT OR FOR SPARE OR REPLACEMENT PARTS FOR AIRCRAFT; (II) LIFE- SUPPORT SYSTEMS, MEDICAL, SURGICAL AND/OR DENTAL EQUIPMENT, X- RAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER MEDICAL DEVICES; OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR III) ANY OTHER USE WHERE PRODUCTS FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, LIFE OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDCATASTROPHIC PROPERTY DAMAGE.

Appears in 3 contracts

Samples: General Terms And, General Terms And, General Terms And

Disclaimer. THE INFORMATIONEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CONTENT NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND DOCUMENTS FROM EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY PATENTS OR THROUGH THE SITE ARE PROVIDED "ASKNOW-IS," "AS AVAILABLE," WITH “ALL FAULTS”HOW, INCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, AND ALL WARRANTIESNON-INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT. WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT THE MILESTONE EVENTS, ROYALTY TIERS AND NET SALES LEVELS SET FORTH IN THIS AGREEMENT OR THAT HAVE OTHERWISE BEEN DISCUSSED BY THE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS, AND ROYALTY OBLIGATIONS IF SUCH MILESTONE EVENTS OR NET SALES LEVELS ARE ACHIEVED. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED THAT IT WILL BE ABLE TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSSUCCESSFULLY DEVELOP, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONMANUFACTURE, OR THE LIKE)COMMERCIALIZE ANY LICENSED PRODUCT OR, WHETHER BASED ON BREACH OF CONTRACTIF COMMERCIALIZED, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THAT ANY PARTICULAR SALES LEVEL OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT LICENSED PRODUCT WILL BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDACHIEVED.

Appears in 3 contracts

Samples: Option, Collaboration and License Agreement (BeiGene, Ltd.), Exclusive License Agreement (Roivant Sciences Ltd.), Collaboration and License Agreement (BeiGene, Ltd.)

Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL DEDRONE MAKES NO WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, ARE DISCLAIMED (OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-PARTY HARDWARE, OR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO UPDATES OR SUPPORT. WITHOUT LIMITING THE DISCLAIMER OF FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON- INFRINGEMENT, OR TITLE. THE INFORMATION AND SERVICES MAY CONTAIN BUGSDEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR THAT USE OF ANY INFORMATION PRODUCT WILL BE UNINTERRUPTED OR SERVICEERROR-FREE, EXCEPT AS PROVIDED OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT, AND IN SECTION 17(bNO EVENT SHALL DEDRONE BE LIABLE TO CUSTOMER FOR CUSTOMER’S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF SUCH PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE DEDRONE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDHIGH RISK ACTIVITIES.

Appears in 3 contracts

Samples: End Customer Agreement, End Customer Agreement, End Customer Agreement

Disclaimer. SUBJECT TO THE INFORMATIONEXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, CONTENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION, DELIVERABLES AND DOCUMENTS FROM ANY MATERIALS OR THROUGH SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT (INCLUDING THE SITE USE THEREOF) ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. IGLOO DISCLAIMS ALL FAULTS”REPRESENTATIONS, WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSPURPOSE OR THOSE ARISING BY LAW, ERRORSSTATUTE, PROBLEMS USAGE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONTRADE, OR COURSE OF DEALING REGARDING OR RELATED TO THIS AGREEMENT, THE LIKE)SERVICES, WHETHER BASED ON BREACH OF CONTRACTDOCUMENTATION, BREACH OF WARRANTYDELIVERABLES OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. IGLOO DOES NOT WARRANT THAT THE SERVICES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY DOCUMENTATION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDELIVERABLES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE NEGATION AND LIMITATION OF DAMAGES EXCEPT FOR IGLOO’S OBLIGATIONS THAT ARE EXPRESSLY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE IGLOO PLATFORM, DOCUMENTATION OR DELIVERABLES REMAINS WITH CUSTOMER. ALL RESPONSIBILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IGLOO DOES NOT WARRANT THE ACCURACY OR LIABILITY FOR SECURITY OF ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.CUSTOMER DATA.‌

Appears in 3 contracts

Samples: s24787.pcdn.co, s24787.pcdn.co, s24787.pcdn.co

Disclaimer. THE INFORMATIONEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND NASUNI DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIEDIMPLIED (INCLUDING BY STATUTE, ARE DISCLAIMED CUSTOM OR USAGE, COURSE OF DEALING, OR COMMON LAW) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT (BUT FOR CLARITY THIS DISCLAIMER DOES NOT LIMIT NASUNI’S INDEMNFICATION OBLIGATIONS UNDER SECTION 13.1). WITHOUT LIMITING NASUNI’S EXPRESS OBLIGATIONS IN SECTION 7 (PROTECTED INFORMATION), SECTION 11.1 (LIMITED WARRANTY) OR 4.1 (TECHNICAL SUPPORT), NASUNI DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS. NASUNI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, DATA LOSS OR CORRUPTION NOT CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DATA LOSS OR CORRUPTION CAUSED BY YOU, YOUR CLOUD STORAGE PROVIDER, INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY PROVIDER, OR BY ANY THIRD PARTY EQUIPMENT OR VIRTUAL APPLIANCE, OR OTHER SYSTEMS OUTSIDE OF NASUNI’S REASONABLE CONTROL (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSETHIRD PARTY PLATFORM). THE INFORMATION AND SERVICES YOU MAY CONTAIN BUGS, ERRORS, PROBLEMS OR HAVE OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULARSTATUTORY RIGHTS, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY DURATION OF SUCH DAMAGES. STATUTORY RIGHTS, IF ANY, SHALL BE LIMITED TO THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED SHORTEST PERIOD PERMITTED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDLAW.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE EXCEPT AS EXPRESSLY PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”HEREIN, AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH OF MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES OR ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONSDATA PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES. WE THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER SUPPORT AND MAINTENANCE SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR YOUR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MONKEY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IN SECTION 17(b)CONNECTION WITH CUSTOMER’S HARDWARE. IN PARTICULAR, BUT MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR DAMAGE CAUSED BY THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED INTERACTION OF THE POSSIBILITY MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDCUSTOMER.

Appears in 3 contracts

Samples: uploads.prod01.oregon.platform-os.com, uploads.prod01.oregon.platform-os.com, uploads.prod01.oregon.platform-os.com

Disclaimer. CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE INFORMATIONSERVICES PROVIDED HEREUNDER ARE TO BE MADE SOLELY AND EXCLUSIVELY AGAINST PROCESSOR. IN THE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, CONTENT CUSTOMER’S SOLE AND DOCUMENTS FROM OR THROUGH EXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. FNB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO WRITTEN OR ORAL IN RESPECT OF THE DISCLAIMER OF SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS ARE NOT WARRANTED TO BE FREE FROM ERROR OR OTHER LIMITATIONSINTERRUPTION. WE AND OUR AFFILIATED PARTIES FNB SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE)LIABILITY, WHETHER BASED ON BREACH OF ARISING IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, EVEN IF ADVISED TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FNB’S SERVICES. IN NO EVENT WILL FNB BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE POSSIBILITY FOREGOING LIMITATIONS OF SUCH DAMAGESLIABILITY ARE REASONABLE GIVEN THE FACT THAT NO COMPENSATION IS BEING PAID TO FNB BY CUSTOMER HEREUNDER. THE NEGATION CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND LIMITATION IN LIEU OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE ALL OTHER REMEDIES IN LAW OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDEQUITY.

Appears in 3 contracts

Samples: Terms and Conditions Booklet, Terms and Conditions Booklet, Payment Processing Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS LIMITED WARRANTY PROVIDED IN SECTION 18, CONTENT AND DOCUMENTS FROM OR THROUGH TO THE SITE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY INDIRECT, SPECIAL, INCIDENTAL ACTION OR CONSEQUENTIAL DAMAGES INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (INCLUDING DAMAGES FOR LOSS c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER SERVICES BASED ON BREACH THE FLOW OF CONTRACTDATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, BREACH WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF WARRANTYINTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ACTIONS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY INACTIONS OF SUCH DAMAGESTHIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. THE NEGATION ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUAVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. THIS SITE AND THE PRODUCTSACCORDINGLY, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDEVENTS.

Appears in 3 contracts

Samples: Master Subscription Agreement, Custom Master Subscription Agreement, Master Subscription Agreement

Disclaimer. THE INFORMATIONEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CONTENT NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIESREPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY PATENTS OR KNOW-HOW, INCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT. WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT THE MILESTONE EVENTS AND NET SALES LEVELS SET FORTH IN THIS AGREEMENT OR THAT HAVE OTHERWISE BEEN DISCUSSED BY THE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS AND ROYALTY OBLIGATIONS IF SUCH MILESTONE EVENTS OR NET SALES LEVELS ARE ACHIEVED. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED THAT IT WILL BE ABLE TO THE DISCLAIMER OF SUCCESSFULLY ADVANCE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A DEGRADER PRODUCT OR DEVELOP, ACHIEVE REGULATORY APPROVAL FOR, MANUFACTURE OR COMMERCIALIZE ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS SALES LEVEL OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY PROFIT OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT LICENSED PRODUCT WILL BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDACHIEVED.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Nurix Therapeutics, Inc.), Collaboration and License Agreement (Nurix Therapeutics, Inc.)

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE III, THE INFORMATIONPURCHASER IS ACQUIRING THE TRANSFERRED ASSETS “AS IS, CONTENT WHERE IS” AND DOCUMENTS FROM THE SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR THROUGH WARRANTY OF ANY NATURE AS TO THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TRANSFERRED ASSETS (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A CONFIDENTIAL TREATMENT REQUESTED FOR PORTIONS OF THIS DOCUMENT. PORTIONS FOR WHICH CONFIDENTIAL TREATMENT IS REQUESTED ARE DENOTED BY [CONFIDENTIAL TREATMENT REQUESTED]. MATERIAL OMITTED HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. PARTICULAR PURPOSEPURPOSE OR ANY REPRESENTATION OR WARRANTY AS TO THE VALUE, CONDITION, NATURE, OR CAPABILITY OF ANY TRANSFERRED ASSET), AND THE PURCHASER BY THIS AGREEMENT EXPRESSLY ACKNOWLEDGES THAT NO SUCH OTHER REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY THE SELLER OR RELIED UPON BY THE PURCHASER. THE SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION AND SERVICES MAY CONTAIN BUGSPERTAINING TO THE TRANSFERRED ASSETS MADE OR FURNISHED BY ANY AGENT, ERRORSEMPLOYEE, PROBLEMS SERVANT OR OTHER LIMITATIONS. WE PERSON REPRESENTING OR PURPORTING TO REPRESENT THE SELLER, UNLESS THE WARRANTIES, GUARANTIES, PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION ARE EXPRESSLY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SPECIFICALLY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDARTICLE III.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Integrys Energy Group, Inc.), Purchase and Sale Agreement (Integrys Energy Group, Inc.)

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.2 (SERVICE, SOFTWARE, API/XML, REVEL POS PLATFORM WARRANTY) AND SECTION 8.3 (PROFESSIONAL SERVICES WARRANTY) AND TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTENT THE REVEL POS PLATFORM, SERVICE, SOFTWARE, API/XML, SUPPORT SERVICES AND DOCUMENTS FROM OR THROUGH THE SITE PROFESSIONAL SERVICES ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND REVEL, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE)PURPOSE AND NON- INFRINGEMENT OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REVEL DOES NOT REPRESENT OR WARRANT THAT THE REVEL POS PLATFORM, SERVICE, SOFTWARE OR API/XML WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS OR THAT CUSTOMER DATA OR CUSTOMER MATERIALS, WILL BE SECURE OR NOT LOST OR DAMAGED. REVEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY THIRD-PARTY HOSTING PROVIDERS. THE INFORMATION LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN CONNECTION WITH THIS AGREEMENT. ALL RESPONSIBILITY XXXXX MAKES NO REPRESENTATIONS OR LIABILITY FOR WARRANTIES WHATSOEVER ON BEHALF OF ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTHIRD PARTY PROVIDER.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Disclaimer. TO THE INFORMATIONFULLEST EXTENT PERMITTED BY LAW, CONTENT CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ALL AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGSANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, ERRORSTOGETHER WITH SIMILAR WARRANTIES, PROBLEMS WHETHER ARISING UNDER ANY LAW OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)OTHERWISE. IN PARTICULAR, BUT THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A LIMITATION THEREOFMATTER OF LAW, WE THE SCOPE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY DURATION OF SUCH DAMAGESWARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD AIRCALL FURTHER DOES NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE REPRESENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH WARRANT THAT THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTYPORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, REPRESENTATION ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKNOWLEDGES AND AGREES THAT AIRCALL CANNOT GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDVIRUS-FREE.

Appears in 2 contracts

Samples: aircall.io, aircall.io

Disclaimer. THE INFORMATIONAUTHENTIC SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY ALTOVA IN THIS RESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD, CONTENT AND DOCUMENTS FROM THE AUTHENTIC SOFTWARE IS NOT INTENDED FOR USE IN OR THROUGH IN CONNECTION WITH, WITHOUT LIMITATION, THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”OPERATION OF NUCLEAR FACILITIES, AND ALL WARRANTIESAIRCRAFT NAVIGATION, EXPRESS COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT, MEDICAL DEVICES OR IMPLIEDLIFE SUPPORT SYSTEMS, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSMEDICAL OR HEALTH CARE APPLICATIONS, ERRORS, PROBLEMS OR OTHER LIMITATIONSAPPLICATIONS WHERE THE FAILURE OF THE AUTHENTIC SOFTWARE OR ERRORS IN DATA PROCESSING COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WE YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER ADEQUACY OF THE AUTHENTIC SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED USE OF AND YOU WILL DEFEND, INDEMNIFY AND HOLD ALTOVA, ITS OFFICERS AND EMPLOYEES HARMLESS FROM ANY INFORMATION OR SERVICE3RD PARTY CLAIMS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONDEMANDS, OR SUITS THAT ARE BASED UPON THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED ACCURACY AND ADEQUACY OF THE POSSIBILITY OF SUCH DAMAGES. AUTHENTIC SOFTWARE IN YOUR USE OR ANY DATA GENERATED BY THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED AUTHENTIC SOFTWARE IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDYOUR USE.

Appears in 2 contracts

Samples: origin2.cdn.componentsource.com, License Agreement

Disclaimer. TimeXtender WARRANTS ONLY THAT THE INFORMATIONMEDIA ON WHICH THE SOFTWARE IS FURNISHED SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR NINETY (90) DAYS FROM THE DATE OF LICENSE ON THE SOFTWARE AGREEMENT. TimeXtender ALSO WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PRODUCT, CONTENT PROVIDED THAT THE SOFTWARE IS PROPERLY USED ON THE OPERATING SYSTEMS AND/OR NETWORK FOR WHICH IT IS DESIGNED AND DOCUMENTS FROM OR THROUGH IN ACCORDANCE WITH THE SITE DOCUMENTATION. IF THE SOFTWARE IS DEFECTIVE SUCH THAT IT DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SUCH DOCUMENTATION, TimeXtender MUST BE NOTIFIED IN WRITING WITHIN THE NINETY (90) DAY WARRANTY PERIOD. IN THE EVENT OF A FAILURE OF THE SOFTWARE TO SO PERFORM THAT IS MADE KNOWN TO TimeXtender WITHIN SAID NINETY (90) DAY PERIOD, TimeXtender’s SOLE AND EXCLUSIVE RESPONSIBILITY AND THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING WARRANTY SHALL BE TO BRING THE SOFTWARE IN MATERIAL CONFORMANCE WITH THE DOCUMENTATION, OR, IN THE EVENT SUCH CORRECTIVE MEASURES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”NOT POSSIBLE, TO PROVIDE A FULL REFUND OF THE SOFTWARE PRODUCT SALES REVENUE PAID BY THE AFFECTED CUSTOMER. THIS WARRANTY SHALL BECOME VOID AND OF NO EFFECT IN THE EVENT OF, AND ALL WARRANTIESTimeXtender SHALL NOT BE LIABLE FOR, EXPRESS ANY DAMAGE, LOSS, OR IMPLIEDLIABILITY (INCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM ACCIDENT, MISAPPLICATION, ABUSE, MISUSE, NEGLIGENCE, FAILURE TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSPROPERLY MAINTAIN, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONDAMAGE FROM EXTERNAL SOURCES, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUREPAIR ATTEMPTS BY PERSONS NOT AUTHORIZED BY TimeXtender. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD WARRANTY IS NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTRANSFERABLE.

Appears in 2 contracts

Samples: Partner Agreement, Partner Agreement

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE INFORMATIONEXTENT PERMITTED BY APPLICABLE LAW, CONTENT THE TTEC SERVICES AND DOCUMENTS FROM OR THROUGH THE SITE DOCUMENTATION ARE PROVIDED "AS-DELIVERED “AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, WITHOUT EXPRESS OR IMPLIEDIMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, ARE DISCLAIMED (PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER TOANY IMPLIED WARRANTY OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOTCONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS INTERNET (OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(bPORTIONSTHEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. Limitation of Liability NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN PARTICULARCONTRACT, BUT NOT AS A LIMITATION THEREOFTORT (INCLUDING, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECTCONSEQUENTIAL, SPECIALEXEMPLARY, INCIDENTAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, REVENUE, PROFITS, LITIGATIONOR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE LIKE), WHETHER BASED ON BREACH EVENT OF CONTRACT, BREACH OF WARRANTYTHE FAULT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEMISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY VIRUSES CONTAINED WITHIN CLIENT TO TTEC PURSUANT TO THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Indemnity by Client Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. Indemnity by TTEC TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Appears in 2 contracts

Samples: End User Agreement, End User Agreement

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, CONTENT MATERIALS AND DOCUMENTS FROM SERVICES PROVIDED BY OR THROUGH THE SITE FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED "AS-ON AN “AS IS," "AS AVAILABLE," WITH “” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL FAULTS”OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION , TITLE AND SERVICES ACCURACY, AND ALL WARRANTIES THAT MAY CONTAIN BUGSARISE OUT OF COURSE OF DEALING, ERRORS, PROBLEMS COURSE OF PERFORMANCE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE USAGE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTRADE.

Appears in 2 contracts

Samples: Technology License Agreement (Caladrius Biosciences, Inc.), Technology License Agreement (Caladrius Biosciences, Inc.)

Disclaimer. THE INFORMATIONPRODUCTS WERE DEVELOPED AS TOOLS TO BE USED AS AN ADJUNCT TO GOOD PROFESSIONAL JUDGMENT BY THE CUSTOMER’S STAFF AND DO NOT REPLACE OR SUPERSEDE PROFESSIONAL JUDGMENT AND DISCRETION OR THE USE OF PHYSICIANS AND PSYCHOLOGISTS TO MAKE DECISIONS. THE PRODUCTS ARE NOT INTENDED TO BE MEDICAL DIAGNOSTIC TOOLS AND THE PRODUCTS ARE NOT INTENDED TO ENABLE CUSTOMER TO ESTABLISH MEDICAL TREATMENT REGIMENS. THE PRODUCTS ARE NOT AND ARE NOT INTENDED TO BE A MEDICAL OPINION AND ARE NOT A SUBSTITUTE FOR MEDICAL DIAGNOSIS, CONTENT TREATMENT OR OTHER CARE RENDERED BY A LICENSED MEDICAL PROFESSIONAL PRACTITIONER. THEREFORE, IT IS THE RESPONSIBILITY OF THE CUSTOMER’S STAFF AND DOCUMENTS CONSULTANTS, USING THEIR PROFESSIONAL JUDGMENT, TO APPLY OR NOT APPLY THE PRODUCTS DURING THE REVIEW OF INDIVIDUAL CASES. THE CUSTOMER AGREES THAT IT HAS THE LAST AND BEST OPPORTUNITY TO DETERMINE IF THE PRODUCTS ARE CORRECT AND APPLICABLE IN THE REVIEW OF INDIVIDUAL CASES. THE PRODUCTS ARE NOT AND ARE NOT INTENDED TO BE MEDICAL DIAGNOSTIC TOOLS AND THE PRODUCTS ARE NOT INTENDED TO ENABLE CUSTOMER TO ESTABLISH MEDICAL TREATMENT REGIMENS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, MEDECISION WILL NOT BE LIABLE FOR ANY PEER REVIEW COMPLAINTS OR LEGAL ACTION RESULTING FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, USE OF THE PRODUCTS BY THE CUSTOMER. MEDECISION EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIEDGUARANTEES, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED CONDITIONS AND UNDERTAKINGS WITH RESPECT TO THE DISCLAIMER OF ANY PRODUCTS AND DOCUMENTATION, MEDECISION INFORMATION AND THEIR PERFORMANCE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Master Product Agreement (MEDecision, Inc.), Master Product Agreement (MEDecision, Inc.)

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM WARRANTIES SET FORTH ABOVE OR THROUGH IN ANY APPLICABLE SCHEDULE ARE THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL PARTIES' ONLY WARRANTIES, . THE PARTIES MAKE NO OTHER WARRANTIES EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF IMPLIED AND SMARTSERV SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND AND/OR FITNESS FOR A PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. THESE LIMITED WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER ALSO MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. NO ORAL OR WRITTEN INFORMATION AND SERVICES MAY CONTAIN BUGSOR ADVICE GIVEN BY SMARTSERV, ERRORS, PROBLEMS ITS AGENTS OR OTHER LIMITATIONSREPRESENTATIVES SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THE ABOVE LIMITED WARRANTIES. WE AND OUR AFFILIATED PARTIES SMARTSERV SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECTDECISIONS OR TRANSACTIONS (INCLUDING, SPECIALWITHOUT LIMITATION, INCIDENTAL ANY INVESTMENT DECISIONS PERTAINING TO STOCK TRANSACTIONS) MADE BY CUSTOMER AND/OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND ITS AUTHORIZED USERS IN USING THE PRODUCTS, SERVICES, DOCUMENTS AND AND/OR CUSTOMER CONTENT. THIS DISCLAIMER IS NOT INTENDED TO DIMINISH SMARTSERV'S OBLIGATION TO PROVIDE ACCURATE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONSPURSUANT TO SECTION 7.2.10 ABOVE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SECTION 7.3 SHALL SURVIVE TERMINATION OF THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Smartserv Online Inc, Smartserv Online Inc

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, CONTENT AND DOCUMENTS FROM OR THROUGH TO THE SITE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS PURPOSE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONv) CAPACITY, OR THAT THE LIKEOPERATION OF THE SERVICES IS ERROR-FREE. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 17. Limitation. NWEA’s liability to the Fiscal Agent (including the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), WHETHER BASED ON BREACH OF CONTRACTfor damages sustained by the Department, BREACH OF WARRANTYas the result of NWEA’s default, TORT (INCLUDING NEGLIGENCE)or acts, PRODUCT LIABILITY OR OTHERWISEor omissions, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTSin the performance of work under this Agreement, SERVICESexcept for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATIONwhether such damages arise out of breach, WHETHER ORAL OR WRITTENnegligence, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTYmisrepresentation, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDor otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Appears in 2 contracts

Samples: End User Agreement, End User Agreement

Disclaimer. EXCEPT AS EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATIONPRODUCTS. SELLER DISCLAIMS AND DOES NOT OFFER ANY REPRESENTATION OR WARRANTY THAT PERFORMANCE OR USE OF THE PRODUCTS WILL NOT BE AFFECTED BY OTHER SYSTEMS, CONTENT EQUIPMENT OR DEVICES OF THAT THE PRODUCTS WILL NOT INTERFERE WITH THE USE OR PERFORMANCE OF OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE FOREGOING WARRANTIES, TERMS OR CONDITIONS ARE EXCLUSIVE AND DOCUMENTS FROM ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED (EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OF OTHERWISE, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). BUYER EXPRESSLY ACKNOWLEDGES THAT SELLER HAS DESIGNED THE PRODUCTS SOLELY TO MEET THE SPECIFICATIONS AND THAT BUYER OR ITS CUSTOMERS SHALL BE RESPONSIBLE FOR TESTING THE PRODUCTS IN ORDER TO DETERMINE THAT THE PRODUCTS WILL NOT RECEIVE INTERFERENCE FROM OTHER SYSTEMS, EQUIPMENT OR DEVICES OR CAUSE INTERFERENCE WITH OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE INFORMATION PRODUCTS ARE NOT WARRANTED AGAINST, AND SERVICES MAY CONTAIN BUGSBUYER SHALL NOT BE LIABLE FOR, ERRORSINJURIES, PROBLEMS DAMAGES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE LOSSES OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT KIND SUSTAINED AS A LIMITATION THEREOFRESULT OF USES FOR WHICH THIS PRODUCT WAS NOT DESIGNED, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INTENDED OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, TESTED BY BUYER OR THE LIKE)FAILURE TO USE THE PRODUCTS IN ACCORDANCE WITH ALL INSTRUCTIONS, WHETHER BASED ON BREACH OF CONTRACTAND ALL APPLICABLE SAFETY, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY REGULATORY AND INDUSTRY SAFETY STANDARDS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTHEIR EQUIVALENT.

Appears in 2 contracts

Samples: Oem Purchase and Development Agreement (Global Eagle Entertainment Inc.), Oem Purchase and Development Agreement (Global Eagle Entertainment Inc.)

Disclaimer. TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 7.1, CONTENT UNITRENDS MAKES NO WARRANTY, CONDITION, REPRESENTATION, TERM, UNDERTAKING OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND DOCUMENTS FROM OR THROUGH THE SITE SERVICES, THE UNITENDS CLOUD AND DRAAS ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIESWHETHER EXPRESS, EXPRESS OR IMPLIED, ARE DISCLAIMED (OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE SERVICES, UINTRENDS CLOUD OR DRAAS ARE COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE INFORMATION SERVICES, UINTRENDS CLOUD AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES DRAAS ARE NOT LIABLE DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY INDIRECTEXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECIAL, INCIDENTAL UNITREND’S LIABILITY UNDER ANY IMPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF STATUTORY WARRANTY, TORT (INCLUDING NEGLIGENCE)CONDITION, PRODUCT LIABILITY TERM, REPRESENTATION, UNDERTAKING OR OTHERWISE, EVEN IF ADVISED GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE POSSIBILITY SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUCH DAMAGES. SUPPLYING THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDSERVICES AGAIN.

Appears in 2 contracts

Samples: assets.applytosupply.digitalmarketplace.service.gov.uk, www.westlafayette.in.gov

Disclaimer. THE INFORMATIONSELLER MAKES NO GUARANTEE, CONTENT AND DOCUMENTS FROM WARRANTY OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIESREPRESENTATION, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED BY OPERATION OF LAW OR OTHERWISE, AS TO THE DISCLAIMER QUALITY, SERVICEABILITY, MERCHANTABILITY OR CONDITION OF THOSE ASSETS CONSISTING OF TANGIBLE PERSONAL PROPERTY, BUILDINGS, FIXTURES OR OTHER IMPROVEMENTS TO REAL ESTATE, ANY IMPLIED WARRANTIES MACHINERY, EQUIPMENT, SPARE PARTS, DRILLING RIGS AND RELATED APPURTENANCE, OR THEIR FITNESS FOR ANY USE OR PURPOSE, AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF MERCHANTABILITY AND FITNESS SUCH ASSETS AFTER THE CLOSING BY HOLDINGS OR PURCHASER OR ARISING IN CONNECTION WITH THIS SALE. SELLER DOES NOT WARRANT THAT THE SUBJECT ASSETS ARE FIT FOR A PARTICULAR PURPOSE). THE INFORMATION , OR ARE FREE FROM REDHIBITORY OR LATENT DEFECTS OR VICES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE SELLER IS RELIEVED OF ANY INFORMATION LIABILITY FOR REDHIBITORY OR SERVICELATENT DEFECTS OR VICES UNDER LOUISIANA CIVIL CODE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT ARTICLE 2476 (INSOFAR ONLY THAT ARTICLE 2476 RELATES TO HIDDEN DEFECTS OF THE THING SOLD OR ITS REDHIBITORY VICES AND NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS ARTICLE 2476 RELATES TO PURCHASER'S PEACEABLE POSSESSION OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKETHING SOLD), WHETHER BASED ON BREACH OF CONTRACTAND LOUISIANA CIVIL CODE, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ARTICLE 2520 THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDARTICLE 2548.

Appears in 2 contracts

Samples: Purchase Agreement (Pride Petroleum Services Inc), Purchase Agreement (Pride Petroleum Services Inc)

Disclaimer. COALA LIFE DOES NOT WARRANT THAT THE INFORMATIONOPERATION OF THE DEVICE, CONTENT THE LICENSED MATERIALS OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT THE DEVICE, THE LICENSED MATERIALS OR THE SUBSCRIPTION SERVICES WILL ACHIEVE THE RESULTS DESIRED BY YOU. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, COALA LIFE DISCLAIMS ALL REPRESENTATIONS AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEVICE, THE LICENSED MATERIALS, THE SUBSCRIPTION SERVICES AND ANY HARDWARE MAINTENANCE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, OR WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COALA LIFE SHALL CREATE A WARRANTY UNLESS COALA LIFE EXPRESSLY DESIGNATES IT AS A WARRANTY. ALL COALA LIFE OBLIGATIONS UNDER THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE DISCLAIMED (CONDITIONED UPON RECEIPT BY COALA LIFE OF NOTICE AND DOCUMENTATION ADEQUATE TO REASONABLY INFORM COALA LIFE OF THE CLAIM, AND PERFORMANCE BY YOU OF YOUR RESPONSIBILITIES HEREUNDER. COALA LIFE DISCLAIMS, AND YOU RELEASE COALA LIFE FROM, ANY AND ALL LIABILITY FOR YOUR USE OF THE LICENSED PRODUCT TO EXPORT AND TRANSMIT DATA WHICH IS PHI IN A MANNER THAT DOES NOT COMPLY WITH HIPAA OR OTHER SECURITY REQUIREMENTS UNDER APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH YOUR OBLIGATIONS UNDER HIPAA AND ANY OTHER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO MEDICAL RECORD RETENTION REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT COALA LIFE WILL CALL THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER PHYSICIAN BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY THE DIRECTIONS PROVIDED BY THE PHYSICIAN IN THE PHYSICIAN NOTIFICATION CRITERIA YOU UNDERSTAND AND AGREE THAT COALA LIFE WILL AT NO POINT IN TIME CALL THE PATIENT OR OTHERWISE, EMERGENCY SERVICES DIRECTLY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESNOTIFICATION CRITERIA IS MET. THE NEGATION PATIENTS SHOULD BE INSTRUCTED THAT COALA LIFE IS NOT AN EMERGENCY SERVICE AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPATIENTS CONCERNED ABOUT THEIR CONDITION SHOULD IMMEDIATELY SEEK MEDICAL ATTENTION.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer. PROVIDER, ITS AFFILIATES AND SUPPLIERS (COLLECTIVELY, “PROVIDER PARTIES”) MAKE NO WARRANTIES WHATSOEVER AND PROVIDE THE INFORMATIONSOFTWARE, CONTENT LICENSED DATA, PROVIDER SITE, DOCUMENTATION, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-SERVICES ON AN “AS IS," "” AND “AS AVAILABLE," WITH “” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE PROVIDER PARTIES HEREBY DISCLAIM ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AVAILABILITY, USAGE OF TRADE, ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION. PROVIDER DOES NOT WARRANT THE INFORMATION AND OPERATION OF THE SERVICES MAY CONTAIN BUGSTO BE UNINTERRUPTED OR ERROR-FREE, ERRORSTHAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE OR HARDWARE PRODUCTS OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, PROBLEMS PROVIDER DOES NOT WARRANT OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR MAKE ANY REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION THE SERVICES OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)THE RESULTS OBTAINED THEREFROM OR THAT THE SERVICES WILL SATISFY SUBSCRIBER’S REQUIREMENTS. IN PARTICULAR, BUT SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS AT SUBSCRIBER’S RISK. PROVIDER DOES NOT AS A LIMITATION THEREOF, WE WARRANT AND OUR AFFILIATED PARTIES ARE IS NOT LIABLE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL THIRD PARTY PRODUCTS OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Constructconnect Terms and Conditions, Constructconnect Terms and Conditions

Disclaimer. THE INFORMATIONCLIENT ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE EMA MATERIALS ARE BEING PROVIDED "AS-ON AN “AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ” BASIS. EMA DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, ARE DISCLAIMED (OR COLLATERAL, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), AND NON‐INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, EMA DOES NOT WARRANT OR GUARANTEE: (I) THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF EMA MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICES), OR RESULTS THEREOF OR THEREFROM, (II) THAT EMA MATERIALS WILL MEET CLIENT’S EXPECTATIONS, OR (III) THAT RESULTANT DATA WILL COMPLETE OR ACCURATE. EMA DISCLAIMS ALL LIABILITY ARISING FROM ALL THIRD PARTY APPLICATIONS OR DATA INCLUDING, ANY INFORMATION RESULTS OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)REPORTS GENERATED FROM SUCH THIRD PARTY DATA OR CLIENT DATA OR MATERIALS. IN PARTICULARFURTHERANCE OF THE FOREGOING, BUT CLIENT ACKNOWLEDGES AND AGREES THAT EMA HAS NOT AS A LIMITATION THEREOFMADE, WE DOES NOT MAKE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR SPECIFICALLY NEGATES AND DISCLAIMS ANY INDIRECTREPRESENTATIONS, SPECIALWARRANTIES, INCIDENTAL PROMISES, COVENANTS, AGREEMENTS OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS GUARANTIES OF BUSINESS, LOSS OF PROFITS, LITIGATION, ANY KIND OR THE LIKE)CHARACTER WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACTEXPRESS OR IMPLIED OR COLLATERAL, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO ANY MATTER ENUMERATED IN SUBPARTS (I)‐(III) OF THIS SECTION 6.1, OR OTHERWISE SHALL CREATE ANY WARRANTYARISING FROM OR IN CONNECTION WITH THESE TERMS. For the avoidance of doubt, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDand in furtherance of this Section 6.1.2, EMA makes no guaranty as to the results of the Services, or Client’s ability to fully utilize the Services.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer. THE INFORMATIONACCESS TO AND USE OF OKTA PERSONAL IS AT YOUR SOLE RISK, CONTENT AND DOCUMENTS FROM YOU ASSUME ALL SUCH RISK ARISING OUT OF YOUR ACCESS TO OR THROUGH THE SITE ARE USE OF OKTA PERSONAL). OKTA PERSONAL IS PROVIDED "AS-ON AN “AS IS," "” AND “AS AVAILABLE," WITH “” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) OKTA HEREBY DISCLAIMS ALL FAULTS”, REPRESENTATIONS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (WITH RESPECT TO OKTA PERSONAL, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGSANY WARRANTY OF NON-INFRINGEMENT, ERRORSTITLE OR QUIET ENJOYMENT, PROBLEMS (B) OKTA MAKES NO WARRANTY THAT OKTA PERSONAL WILL BE COMPLETE, ACCURATE, AVAILABLE, TIMELY, SECURE, RELIABLE, ERROR-FREE OR FREE FROM INTERRUPTIONS, CRASHES, DOWNTIME OR OTHER LIMITATIONS. WE FAILURES, OR WILL MEET YOUR REQUIREMENTS, AND OUR AFFILIATED PARTIES HAVE (C) UNDER NO LIABILITY WHATSOEVER FOR YOUR USE CIRCUMSTANCES WILL OKTA, ANY OF ITS AFFILIATES OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES ASSOCIATED WITH OKTA PERSONAL, OR ANY OF THE RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES OR REPRESENTATIVES OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT FOREGOING BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE LIABLE IN ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY WAY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDOKTA PERSONAL.

Appears in 2 contracts

Samples: www.okta.com, www.okta.com

Disclaimer. (a) EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE INFORMATION, CONTENT SERVICES AND DOCUMENTS FROM OR THROUGH THE SITE ARE ALLIANCE PROPERTY IS PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, ” WITHOUT ANY WARRANTY OF ANY KIND AND ALLIANCE AND ITS SUBCONTRACTORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE). CUSTOMER ACKNOWLEDGES THAT ALLIANCE AND ITS SUBCONTRACTORS DO NOT WARRANT THAT THE INFORMATION ALLIANCE PORTAL WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR FREE FASHION AT ALL TIMES OR THAT THE ALLIANCE PROPERTY WILL MEET CUSTOMER’S REQUIREMENTS. ALLIANCE AND SERVICES ITS SUBCONTRACTORS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY CONTAIN BUGSBE OBTAINED FROM USE OF THE ALLIANCE PROPERTY. CUSTOMER ACKNOWLEDGES THAT THE ALLIANCE MATERIALS REFLECT ALLIANCE’S SUBJECTIVE ANALYSIS, ERRORSCONCLUSIONS AND ASSESSMENTS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES CUSTOMER AGREES THAT ALLIANCE AND ITS SUBCONTRACTORS WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF TO CUSTOMER WITH RESPECT TO THE ALLIANCE MATERIALS, INCLUDING ANY STATEMENTS, INFORMATION OR SERVICEOTHER CONTENT CONTAINED IN THE ALLIANCE MATERIALS FURTHER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE CUSTOMER AGREES THAT ALLIANCE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. ITS SUBCONTRACTORS WILL HAVE NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING ACTIONS OR INACTIONS OF CUSTOMER IN RESPONSE TO OR AS A FORM CONSEQUENCE OF ANY ALLIANCE MATERIALS OR DOCUMENT IS DISCLAIMEDABSENCE OF ALLIANCE MATERIALS.

Appears in 2 contracts

Samples: Subscription and Certification Services Agreement, Subscription and Certification Services Agreement

Disclaimer. TO THE INFORMATIONFULLEST EXTENT PERMITTED BY LAW, CONTENT CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ALL AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGSANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, ERRORSTOGETHER WITH SIMILAR WARRANTIES, PROBLEMS WHETHER ARISING UNDER ANY LAW OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)OTHERWISE. IN PARTICULAR, BUT THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A LIMITATION THEREOFMATTER OF LAW, WE THE SCOPE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY DURATION OF SUCH DAMAGESWARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD AIRCALL FURTHER DOES NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE REPRESENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH WARRANT THAT THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTYPORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, REPRESENTATION ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKKNOWLEDGES AND AGREES THAT AIRCALL CANNOT GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDVIRUS-FREE.

Appears in 2 contracts

Samples: aircall.io, aircall.io

Disclaimer. THE INFORMATIONEXCEPT AS PROVIDED IN THIS ARTICLE 7 (AND WITHOUT LIMITATION TO ARTICLE 3 HEREOF), CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”DANISCO MAKES NO, AND ALL WARRANTIESTHE LICENSED PARTIES DISCLAIM RELIANCE ON ANY, EXPRESS REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE) WITH RESPECT TO THE DISCLAIMER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SERVICES, ANY DYADIC MATERIALS, DYADIC KNOW-HOW, DANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW LICENSED HEREUNDER OR USED IN PERFORMING SERVICES, OR ANY PHARMACEUTICAL PRODUCT PRODUCED USING ANY SUCH DYADIC MATERIALS, DYADIC KNOW-HOW, DANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW, AND DANISCO SPECIFICALLY DISCLAIMS, AND THE LICENSED PARTIES DISCLAIM RELIANCE ON, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). , ALL WARRANTIES THAT THE INFORMATION DYADIC PATENTS OR DANISCO PATENTS ARE VALID AND SERVICES MAY CONTAIN BUGSENFORCEABLE, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR THAT THE USE OF ANY INFORMATION OR SERVICETHE DYADIC MATERIALS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULARTHE DANISCO IMPROVED STRAINS, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONDYADIC KNOW-HOW, OR DANISCO KNOW-HOW TO PRODUCE PHARMACEUTICAL PRODUCTS DOES NOT INFRINGE THE LIKE)INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. DANISCO SPECIFICALLY DISCLAIMS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTSLICENSED PARTIES DISCLAIM RELIANCE ON, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED WARRANTY THAT THE STRAINS LICENSED UNDER THIS AGREEMENT AND ANY DERIVATIVES OR MODIFICATIONS (A) ARE ANYTHING OTHER THAN EXPERIMENTAL IN THIS AGREEMENT. NATURE, (B) HAVE CHARACTERISTICS THAT ARE ALL RESPONSIBILITY OR LIABILITY KNOWN, AND (C) ARE SUITABLE FOR USE IN PRODUCING ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPHARMACEUTICAL PRODUCT.

Appears in 2 contracts

Samples: Pharma License Agreement (Dyadic International Inc), Pharma License Agreement (Dyadic International Inc)

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE INFORMATIONSTRATEGIC ALLIANCE AGREEMENT, CONTENT PRODUCT ORIGINATING PARTY DISCLAIMS (AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ANY WARRANTY OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE INFORMATION ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER LIMITATIONSUSE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WE AND OUR AFFILIATED PARTIES WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ARISING FROM ANY INFORMATION SECURITY INCIDENT OR SERVICEDATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL DEVICES OR CONSEQUENTIAL DAMAGES FEATURES (INCLUDING DAMAGES “PATCHES,” FIXES AND UPDATES) FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, THE ORIGINATING PARTY PRODUCTS PROVIDED OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), MADE AVAILABLE BY PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESORIGINATING PARTY TO PRODUCT SELLING PARTY. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.4.2

Appears in 2 contracts

Samples: Alliance Agreement, Alliance Agreement (PTC Inc.)

Disclaimer. OTHER THAN THE INFORMATIONLIMITED WARRANTY CONTAINED HEREIN, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ALL PRODUCTS ARE PROVIDED "AS-BY LIGHTNING “AS IS," "AS AVAILABLE," ”. LIGHTNING MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES WITH “ALL FAULTS”, AND ALL WARRANTIESRESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER AND, TO THE DISCLAIMER OF ANY IMPLIED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY EXPRESSLY EXCLUDED. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY THE TOTAL LIABILITY OF LIGHTNING FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY). , OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE INFORMATION AND SERVICES MAY CONTAIN BUGSMANUFACTURE, ERRORSSALE, PROBLEMS DELIVERY, RESALE, REPAIR, REPLACEMENT, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)ITEM OF THE PRODUCTS SHALL NOT EXCEED THE PRICE ALLOCABLE TO SUCH ITEM OF THE PRODUCTS THAT GIVES RISE TO THE CLAIM. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT NO EVENT SHALL LIGHTNING OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIALOR SPECIAL DAMAGES, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING (INCLUDING WITHOUT LIMITATION) DAMAGES FOR LOSS OF BUSINESSREVENUE, LOSS OF PROFITS, LITIGATIONCOST OF CAPITAL, CLAIMS OF CUSTOMERS OR FAILURE OF SUPPLY, AND COSTS AND EXPENSES INCURRED IN CONNECTION WITH ROADSIDE ASSISTANCE, LABOR, OVERHEAD, TRANSPORTATION, INSTALLATION, OR REMOVAL OF PRODUCTS OR SUBSTITUTE FACILITIES OR SUPPLY SOURCES. SOME STATES DO NOT ALLOW THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY EXCLUSION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS SITE AND THE PRODUCTSLightning eMotors 000 00xx Xxxxxx XX, SERVICESXxxxx X000 Xxxxxxxx, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.XX 00000 USA xxxx@xxxxxxxxxxxxxxxx.xxx

Appears in 2 contracts

Samples: lightningemotors.com, www.msbo.org

Disclaimer. THE INFORMATIONORDERBOX, CONTENT PARENT SERVERS AND DOCUMENTS FROM OR THROUGH THE SITE ARE ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED "AS-IS," ON "AS AVAILABLE,IS" WITH “AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. PARENT AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL FAULTS”, WARRANTIES AND ALL WARRANTIES/ OR CONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT. PARENT AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING PARENT SERVERS. WITHOUT LIMITING THE FOREGOING, PARENT AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR PARENT SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/PARENT SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY PARENT AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER PARENT AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE DISCLAIMER SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. PARENT AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU. FURTHERMORE, PARENT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF MERCHANTABILITY THE ORDERBOX, ORDERBOX SERVERS, PARENT WEBSITE AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES MAY CONTAIN BUGSIN TERMS OF THEIR CORRECTNESS, ERRORSACCURACY, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONRELIABILITY, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Customer Master Agreement, Customer Master Agreement

Disclaimer. ASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, AND ASSIGNOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, CONTENT DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR; AND DOCUMENTS FROM OR THROUGH (c) THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”ENVIRONMENTAL CONDITION OF THE ASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND ALL WARRANTIESASSIGNEE HEREBY WAIVES, EXPRESS OR IMPLIEDAS TO PERSONAL PROPERTY, ARE DISCLAIMED EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF i) ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE), (iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (iv) ANY RIGHTS OF PURCHASERS UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE, (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM DEFECTS, WHETHER KNOWN OR UNKNOWN, (vi) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW, AND (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH, IT BEING THE EXPRESS INTENTION OF ASSIGNEE AND ASSIGNOR THAT THE PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES INCLUDED IN THE ASSETS SHALL BE CONVEYED TO ASSIGNEE, AND ASSIGNEE SHALL ACCEPT SAME, AS IS, WHERE IS, WITH ALL FAULTS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND ASSIGNEE REPRESENTS TO ASSIGNOR THAT ASSIGNEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO SUCH PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES AS ASSIGNEE DEEMS APPROPRIATE. ASSIGNOR AND ASSIGNEE AGREE THAT, TO THE INFORMATION AND SERVICES MAY CONTAIN BUGSEXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE "CONSPICUOUS" DISCLAIMERS FOR YOUR USE THE PURPOSES OF ANY INFORMATION APPLICABLE LAW, RULE OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDORDER.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Legacy Reserves L P), Purchase and Sale Agreement (Legacy Reserves L P)

Disclaimer. THE INFORMATIONDOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND INFORMATION PROVIDED TO FOURTH OR THE SUBSCRIBER BY THIRD PARTIES, CONTENT INCLUDING SUPPLIERS OF NUTRITIONAL AND DOCUMENTS FROM OR THROUGH ALLERGEN DATA AND INFORMATION TO THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SUBSCRIBER. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOURTH IS NOT RESPONSIBLE FOR, HAS NO CONTROL OVER, AND IS UNDER NO DUTY TO VERIFY THE ACCURACY OF ANY SUCH DATA OR INFORMATION. THE SUBSCRIBER’S USE OF ALL WARRANTIESSUCH DATA AND INFORMATION IS AT ITS OWN RISK, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED AND TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES FOURTH SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICESUCH USE.EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 7, EXCEPT AS PROVIDED IN SECTION 17(b7 OF THIS AGREEMENT FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICES. FOURTH DOES NOT WARRANT THAT ANY SERVICE OR DOCUMENTATION IS ERROR-FREE OR VIRUS-FREE, OR THAT OPERATION OR USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED. FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SUBSCRIBER’S USE OF ANY SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS, ORDINANCES, OR REGULATIONS, INCLUDING WITHOUT LIMITATION LABOR WAGE LAWS. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN PARTICULAR, BUT THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOURTH IS NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE RESPONSIBLE FOR ANY INDIRECTDELAYS, SPECIAL, INCIDENTAL DELIVERY FAILURES OR CONSEQUENTIAL OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF RESULTING FROM SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPROBLEMS.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Disclaimer. THE INFORMATIONCUSTOMER EXPRESSLY ACKNOWLEDGES THAT EXCEPT AS SET FORTH IN SECTION 6 HEREOF, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL LUKKA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO THIS AGREEMENT, THE SUBSCRIPTION AGREEMENTS AND THE LUKKA OFFERINGS, INCLUDING, WITHOUT LIMITATION: (INCLUDING BUT NOT LIMITED i) ANY WARRANTIES WITH RESPECT TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OF THE LUKKA OFFERINGS OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY CUSTOMER OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF THE LUKKA OFFERINGS. THE INFORMATION LUKKA OFFERINGS ARE PROVIDED, AND SERVICES MAY CONTAIN BUGSCUSTOMER AGREES THAT THE LUKKA OFFERINGS ARE PROVIDED, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)KIND. IN PARTICULAR, BUT NOT AS CUSTOMER ALSO EXPRESSLY ACKNOWLEDGES THAT EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION THEREOFOF LIABILITY, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS DISCLAIMER OF BUSINESS, LOSS OF PROFITS, LITIGATIONWARRANTIES, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION EXCLUSION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY LUKKA TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND YOU. THIS SITE AND NOTWITHSTANDING THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED LIMITED REMEDY IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Offerings Master Services Agreement (Valkyrie Bitcoin Fund), Offerings Master Services Agreement (Valkyrie Bitcoin Fund)

Disclaimer. THE INFORMATIONEXCEPT AS WARRANTED IN SECTION 8.1, CONTENT ALL SOFTWARE, DELIVERABLES, INFORMATION AND DOCUMENTS FROM SERVICES PROVIDED OR THROUGH THE SITE MADE AVAILABLE BY US TO YOU HEREUNDER (“Items”) ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND WITHOUT ANY WARRANTY WHATSOEVER, AND WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED OTHER WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE DISCLAIMER OF ITEMS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONSNON,INFRINGEMENT. WE AND OUR AFFILIATED PARTIES HAVE DO NOT WARRANT THAT THE ITEMS WILL BE ERROR,FREE, COMPLETELY SECURE, OR BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. WE MAKE NO LIABILITY WHATSOEVER FOR YOUR USE WARRANTIES OR REPRESENTATIONS REGARDING ACCURACY OF ANY INFORMATION INFORMATIONAL CONTENT OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONSYSTEM INTEGRATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED APPROPRIATENESS OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE FOR ANY PARTICULAR SYSTEM. THE NEGATION SOFTWARE AND SERVICE ARE NOT FAULT, TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL,SAFE PERFORMANCE OR OPERATION. THE SOFTWARE AND SERVICE ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE, SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF MAY NOT APPLY TO YOU, BUT THIS SECTION SHALL BE ENFORCEABLE TO THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED MAXIMUM EXTENT PERMITTED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDAPPLICABLE LAW.

Appears in 2 contracts

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

Disclaimer. THE INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE III, CONTENT AND DOCUMENTS FROM IN ANY CERTIFICATE DELIVERED BY CLOROX PARENT HEREUNDER OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”ANY ANCILLARY AGREEMENT, AND ALL WARRANTIESCLOROX PARENT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED RELATING TO THE DISCLAIMER OF EQUITY INTERESTS, TRANSFERRED ASSETS, TRANSFERRED LIABILITIES, TRANSFERRING COMPANIES, TRANSFERRED COMPANIES, BUSINESS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OTHER MATTER, INCLUDING ANY REPRESENTATION OR WARRANTY AS TO WORKMANSHIP, PROFITABILITY, FUTURE PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE). PURPOSE OR NON-INFRINGEMENT OR ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, DOCUMENTS OR MATERIAL TRANSMITTED, PROVIDED OR MADE AVAILABLE TO PURCHASER OR ITS REPRESENTATIVES IN ANY PHYSICAL OR ONLINE “DATA ROOMS,” MANAGEMENT PRESENTATIONS OR IN ANY OTHER FORM IN EXPECTATION OF THE CONTEMPLATED TRANSACTIONS, INCLUDING ANY PROJECTION, FORECAST OR OTHER FORWARD-LOOKING INFORMATION AND SERVICES MAY CONTAIN BUGSANY INFORMATION CONTAINED IN ANY DESCRIPTIVE MEMORANDUM. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE III, ERRORSIN ANY CERTIFICATE DELIVERED BY CLOROX PARENT HEREUNDER OR ANY ANCILLARY AGREEMENT, PROBLEMS ALL OF SUCH ADDITIONAL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED, AND CLOROX PARENT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR RESULTING FROM THE USE OF ANY INFORMATION INFORMATION, DOCUMENTS OR SERVICEMATERIAL DESCRIBED IN THE PREVIOUS SENTENCE, INCLUDING ANY MARKET ANALYSIS AND FINANCIAL PROJECTIONS THAT MAY BE CONTAINED THEREIN, OR FOR ANY ERRORS THEREIN OR OMISSIONS THEREFROM. EXCEPT AS PROVIDED EXPRESSLY SET FORTH IN SECTION 17(b). THIS ARTICLE III, IN PARTICULARANY CERTIFICATE DELIVERED BY CLOROX PARENT HEREUNDER OR ANY ANCILLARY AGREEMENT, BUT NOT AS A LIMITATION THEREOF, WE THE PURCHASE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED SALE OF THE POSSIBILITY BUSINESS IS BEING MADE ON AN “AS IS, WHERE IS” BASIS AND WITHOUT RECOURSE TO CLOROX PARENT OR ANY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE ITS SUBSIDIARIES OR INFORMATION, WHETHER ORAL REPRESENTATIVES WITH RESPECT TO ANY EXPRESS OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, IMPLIED REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDWARRANTY.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Armored AutoGroup Inc.), Purchase and Sale Agreement (Clorox Co /De/)

Disclaimer. YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE SEAL IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SEALS ARE PROVIDED "AS-ON AN “AS IS," ” AND "AS AVAILABLE," WITH “BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SEAL LICENSE AGREEMENT. SYMANTEC AND MSC TRUSTGATE EXPRESSLY DISCLAIM ALL FAULTS”REPRESENTATIONS, AND ALL WARRANTIES, GUARANTEES, TERMS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), SATISFACTORY QUALITY AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW. NEITHER SYMANTEC NOR MSC TRUSTGATE MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION AND SERVICES SEAL WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES SYMANTEC OR MSC TRUSTGATE MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RESULTS THAT MAY CONTAIN BUGS, ERRORS, PROBLEMS BE OBTAINED FROM THE USE OF THE SEAL OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH EITHER SYMANTEC OR SERVICEMSC TRUSTGATE. TO THE EXTENT THAT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULARWARRANTIES OR GUARANTEES, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED SOME OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3, SECTION 5.24 OR IN ANY ANCILLARY AGREEMENT, BUYER IS ACQUIRING THE INFORMATIONPROJECTS AND THE PURCHASED ASSETS “AS IS, CONTENT WHERE IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ALL FAULTS”, AND ALL WARRANTIES, EXPRESS SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR IMPLIED, ARE DISCLAIMED WARRANTY OF ANY NATURE AS TO THE PROJECTS OR THE PURCHASED ASSETS (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE) OR ANY REPRESENTATION OR WARRANTY AS TO THE VALUE, CONDITION, NATURE, CAPABILITY, INCLUDING ELECTRICAL OUTPUT CAPABILITY, OF THE PROJECTS OR ANY PURCHASED ASSET), AND BUYER BY THIS AGREEMENT EXPRESSLY ACKNOWLEDGES THAT NO SUCH OTHER REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY SELLER OR RELIED UPON BY BUYER. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE INFORMATION AND SERVICES MAY CONTAIN BUGSPROJECTS OR THE PURCHASED ASSETS MADE OR FURNISHED BY ANY AGENT, ERRORSEMPLOYEE, PROBLEMS SERVANT OR OTHER LIMITATIONS. WE PERSON REPRESENTING OR PURPORTING TO REPRESENT SELLER, UNLESS THE WARRANTIES, GUARANTIES, PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION ARE EXPRESSLY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SPECIFICALLY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS ARTICLE 3, SECTION 5.24 OR IN ANY ANCILLARY AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Asset Sale Agreement, Asset Sale Agreement (NewPage CORP)

Disclaimer. IT IS EXPRESSLY AGREED THAT THE INFORMATIONWARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF DOT VN, CONTENT ITS CUSTOMERS AND DOCUMENTS END USERS. UNDER NO CIRCUMSTANCES SHALL E-BAND BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR THROUGH REPAIR OF PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE SITE DOT VN LIST PRICE OF THE APPLICABLE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS ARE PROVIDED "AS-ON AN “AS IS," "AS AVAILABLE," WITH “” BASIS. THE WARRANTY AND LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL FAULTS”OTHER WARRANTIES AND LIABILITIES, AND EXPRESSED OR IMPLIED ARISING BY LAW, CUSTOM, BY ORAL OR WRITTEN STATEMENTS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGSNONINFRINGEMENT, ERRORSAND WARRANTIES ARISING FROM COURSE OF DEALING, PROBLEMS USAGE OR OTHER LIMITATIONS. WE TRADE PRACTICE, AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE ANY DUTIES OF ANY INFORMATION LACK OF NEGLIGENCE OR SERVICEWORKMANLIKE EFFORT ARE HEREBY DISCLAIMED BY E-BAND, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ITS LICENSORS AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDREPRESENTATIVES.

Appears in 2 contracts

Samples: Distribution Agreement (Dot VN, Inc.), Certification Test Agreement (Dot VN, Inc.)

Disclaimer. Except as provided below, the Properties are hereby assigned by Assignor to Assignee without recourse, covenant or warranty of title of any kind, express, implied or statutory, even to the return of the purchase price. Any covenants or warranties implied by statute or law by the use herein of the words "grant", "convey" or other similar words are hereby expressly restrained, disclaimed, waived and negated. WITHOUT LIMITING THE GENERALITY OF THE TWO PRECEDING SENTENCES, ASSIGNEE ACKNOWLEDGES THAT, EXCEPT AS SET FORTH IN THE PURCHASE AGREEMENT DATED DECEMBER 31, 1997 BETWEEN ASSIGNOR AND ASSIGNEE (THE "PURCHASE AGREEMENT"), ASSIGNOR HAS NOT MADE, AND ASSIGNOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE PROPERTIES, (b) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, CONTENT AND DOCUMENTS FROM DATA OR THROUGH OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR, (c) THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”ENVIRONMENTAL CONDITION OF THE PROPERTIES, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF d) ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, (e) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS(f) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, PROBLEMS (g) ANY RIGHTS OF PURCHASERS UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, (h) ANY CLAIMS BY ASSIGNEE FOR DAMAGES BECAUSE OF REDHIBITORY VICES OR DEFECTS OR OTHER LIMITATIONS. WE VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN AS OF THE EFFECTIVE TIME, AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE (i) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW; IT BEING THE EXPRESS INTENTION OF ANY INFORMATION OR SERVICEBOTH ASSIGNEE AND ASSIGNOR THAT, EXCEPT AS PROVIDED IN SECTION 17(b)THE PURCHASE AGREEMENT, THE PROPERTIES ARE HEREBY ASSIGNED TO ASSIGNEE IN THEIR PRESENT CONDITION AND STATE OF REPAIR, "AS IS" AND "WHERE IS" WITH ALL FAULTS, AND THAT ASSIGNEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS ASSIGNEE DEEMS APPROPRIATE. IN PARTICULARASSIGNOR AND ASSIGNEE AGREE THAT, BUT NOT AS A LIMITATION THEREOFTO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS THE DISCLAIMERS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED CERTAIN WARRANTIES CONTAINED IN THIS AGREEMENT. ALL RESPONSIBILITY SECTION ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDORDER.

Appears in 2 contracts

Samples: Purchase Agreement (Sheridan Energy Inc), Purchase Agreement (Sheridan Energy Inc)

Disclaimer. THE INFORMATION, CONTENT SOFTWARE AND DOCUMENTS FROM OR THROUGH THE SITE DOCUMENTATION ARE PROVIDED "AS-FURNISHED “AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT, OR TITLE. THE INFORMATION AND SERVICES MAY CONTAIN BUGSCOMPANY DOES NOT WARRANT THAT ANY SOFTWARE WILL MEET YOUR NEEDS OR EXPECTATIONS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR THAT USE OF ANY INFORMATION SOFTWARE WILL BE UNINTERRUPTED OR SERVICEERROR-FREE, EXCEPT AS PROVIDED OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT GUARANTEE ANY RESULT OF USE OF ANY SOFTWARE, AND IN SECTION 17(bNO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR RELIANCE ON USE OF ANY SOFTWARE OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDHIGH RISK ACTIVITIES.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Disclaimer. THE INFORMATION, CONTENT WARRANTIES SET FORTH IN SECTION 13 ARE EXCLUSIVE AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “IN LIEU OF ALL FAULTS”, AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), USABILITY, CONDITION OR OPERATION THEREOF, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, AND LICENSEE WARRANTS THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, OR STATEMENTS OF FACT NOT SPECIFICALLY INCLUDED IN THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT THE INFORMATION PROGRAMS AND SERVICES MAY CONTAIN BUGSARE PROVIDED “AS IS” AND ‘AS AVAILABLE’. CUREMD, ERRORSOR ITS THIRD PARTY SERVICE PROVIDERS, PROBLEMS DO NOT WARRANT THAT THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FAULT-FREE, AND FREE OF VIRUSES OR ANY OTHER LIMITATIONSMALICIOUS CODE OR THAT ALL ERRORS WILL BE CORRECTED. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED SET FORTH IN SECTION 17(b). THIS AGREEMENT, IN PARTICULARNO EVENT SHALL CUREMD, BUT NOT AS A LIMITATION THEREOFOR ITS THIRD PARTY SERVICE PROVIDERS, WE AND OUR AFFILIATED PARTIES ARE NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL EXEMPLARY, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESSBUSINESS INTERRUPTION, LOSS OF PROFITS, LITIGATIONLOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF USE, OR ANY OTHER FINANCIAL CLAIM FOR DAMAGES, HARDSHIP, OR FAILURE OF DELIVERY, THE COST OF DELAY, PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES, ALTERATION, THEFT, DESTRUCTION OR CORRUPTION OF DATA, ANY INABILITY TO RECORD, ACCESS OR RESTORE DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, OR THE LIKE)USE OF PROGRAMS OR SERVICES OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, OR COST OF COVER SUFFERED BY THE LICENSEE OR BY ANY THIRD PARTY, WHETHER BASED ON IN AN ACTION IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISETORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CUREMD ASSUMES NO LIABILITY FOR THE NEGATION AND LIMITATION CONSEQUENCES TO THE LICENSEE OR ITS PATIENTS ARISING OUT OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OR RELATING TO THE LICENSEE’S USE OF THE BASIS PROGRAMS OR SERVICES. THE LICENSEE ACKNOWLEDGES THAT CUREMD HAS NO CONTROL OF OR RESPONSIBILITY FOR THE LICENSEE’S USE OF THE BARGAIN BETWEEN US PROGRAMS OR SERVICES OR THE CONTENT PROVIDED THEREON AND YOUHAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE LICENSEE TO THE SERVICE. THIS SITE CUREMD DISCLAIMS ANY AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTELECOMMUNICATION SERVICES.

Appears in 2 contracts

Samples: License and Services Agreement, License and Services Agreement

Disclaimer. THE INFORMATION, CONTENT SOFTWARE AND DOCUMENTS FROM OR THROUGH THE SITE RELATED MATERIALS ARE PROVIDED "AS-“AS IS," "”. EXCEPT AS AVAILABLE," WITH “ALL FAULTS”MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN, AND ALL XXXXXXX SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (WITH RESPECT TO THE SOFTWARE OR THE RELATED MATERIALS, INCLUDING BUT NOT LIMITED TO TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). BY WAY OF FURTHER EXAMPLE AND NOT LIMITATION, XXXXXXX SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SOFTWARE AND RELATED MATERIALS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR ENTIRE RISK AS TO THE USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)THE SOFTWARE AND THE RELATED MATERIALS IS ASSUMED BY LICENSEE. IN PARTICULARNO EVENT SHALL XXXXXXX SYSTEMS BE LIABLE TO LICENSEE OR ANY OTHER PERSON, BUT NOT AS A LIMITATION THEREOFREGARDLESS OF THE CAUSE, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR THE EFFECTIVENESS OR ACCURACY OF THE SOFTWARE OR THE RELATED MATERIALS, OR FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (ARISING FROM OR OCCASIONED BY LICENSEE’S USE OF THE SOFTWARE OR THE RELATED MATERIALS, INCLUDING DAMAGES FOR BUT NOT LIMITED TO LOSS OF BUSINESSDATA, LOSS EVEN IF ADVISED OF PROFITSTHE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INEFFECTIVE, LITIGATION, LICENSEE HEREBY AGREES THAT XXXXXXX SYSTEMS’ MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THE SOFTWARE OR THE LIKE), RELATED MATERIALS (WHETHER BASED ON BREACH OF IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF ) SHALL NOT EXCEED THE POSSIBILITY OF SUCH DAMAGES. LICENSE FEES PAID BY LICENSEE WITH RESPECT TO THE NEGATION SOFTWARE AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDRELATED MATERIALS AT ISSUE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 10 (WARRANTY) OF EXHIBIT A, PEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO ANY OF THE INFORMATIONGOODS, CONTENT AND DOCUMENTS FROM SERVICES OR THROUGH THE SITE ARE INFORMATION PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”OR MADE AVAILABLE UNDER THIS AGREEMENT, AND PEOPLEPC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL WARRANTIESOTHER EXPRESS, EXPRESS OR IMPLIEDSTATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE INFORMATION OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE ELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CONFIGURATIONS SELECTED BY THE END USER; (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONIV) THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR (V) THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED UPTIME OF THE POSSIBILITY OF SUCH DAMAGES. INTERNET OR TELEPHONIC CONNECTIONS NECESSARY TO ACCESS THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT INTERNET WILL BE PROVIDED AVAILABLE WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDINTERRUPTION.

Appears in 2 contracts

Samples: Services and Supply Agreement (Peoplepc Inc), Services and Supply Agreement (Peoplepc Inc)

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE INFORMATIONSTRATEGIC ALLIANCE AGREEMENT, CONTENT PRODUCT ORIGINATING PARTY DISCLAIMS (AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ANY WARRANTY OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE INFORMATION ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER LIMITATIONSUSE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WE AND OUR AFFILIATED PARTIES WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ARISING FROM ANY INFORMATION SECURITY INCIDENT OR SERVICEDATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL DEVICES OR CONSEQUENTIAL DAMAGES FEATURES (INCLUDING DAMAGES “PATCHES,” FIXES AND UPDATES) FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, THE ORIGINATING PARTY PRODUCTS PROVIDED OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), MADE AVAILABLE BY PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDORIGINATING PARTY TO PRODUCT SELLING PARTY.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (PTC Inc.), Strategic Alliance Agreement (PTC Inc.)

Disclaimer. THE ALL INFORMATION, CONTENT AACS TECHNOLOGY, AND DOCUMENTS FROM OR THROUGH THE SITE SPECIFICATIONS ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”.” AACS LA, LICENSORS AND THEIR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY EXPRESSLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)PURPOSE AND ANY EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR INFORMATION DISCLOSURES RELATING TO THIS AGREEMENT. AACS LA, LICENSORS, AND THEIR AFFILIATES FURTHER DISCLAIM ANY WARRANTY THAT ANY IMPLEMENTATION OF THE INFORMATION AND SERVICES MAY CONTAIN BUGSSPECIFICATIONS OR COMPLIANCE RULES, ERRORSIN WHOLE OR IN PART, PROBLEMS WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER LIMITATIONSPROPRIETARY RIGHTS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER 8.3. Limitation of Liability. NONE OF AACS LA NOR LICENSORS NOR THEIR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, MEMBERS, REPRESENTATIVES, EQUIVALENT CORPORATE OFFICIALS, OR EMPLOYEES ACTING IN THEIR CAPACITIES AS SUCH (COLLECTIVELY, THE “AFFECTED PARTIES”) OR THEIR AFFILIATES SHALL BE LIABLE TO ADOPTER FOR YOUR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY CAUSE OF ACTION RELATING TO THIS AGREEMENT, INCLUDING TERMINATION OF THE AGREEMENT PURSUANT TO SECTION 7.1, OR BASED ON ANY PERSON’S USE OF OR MAKING, USING, SELLING OR IMPORTING ANY PRODUCTS OF ADOPTER THAT IMPLEMENT CONFIDENTIAL INFORMATION OR SERVICEHIGHLY CONFIDENTIAL INFORMATION OR AACS TECHNOLOGY, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONREFERENCE CODE, OR THE LIKE)SPECIFICATIONS, WHETHER BASED ON BREACH UNDER THEORY OF CONTRACT, BREACH OF WARRANTYTORT, TORT INDEMNITY, INTELLECTUAL PROPERTY INFRINGEMENT (INCLUDING NEGLIGENCEDIRECT, CONTRIBUTORY OR OTHERWISE), PRODUCT LIABILITY LIABILITY, REGULATORY OR STATUTORY VIOLATION, OR OTHERWISE, EVEN IF ADVISED . TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST ANY OF THE POSSIBILITY OF AFFECTED PARTIES NOTWITHSTANDING THE ABOVE LIMITATION, THE AFFECTED PARTIES’ AGGREGATE LIABILITY TO ADOPTER IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE FEES PAID BY ADOPTER TO AACS LA HEREUNDER. ADOPTER AND ITS DIRECTORS, OFFICERS, AGENTS, MEMBERS, REPRESENTATIVES, EQUIVALENT CORPORATE OFFICIALS, OR EMPLOYEES ACTING IN THEIR CAPACITIES AS SUCH DAMAGES. THE NEGATION AND LIMITATION OF SHALL NOT BE LIABLE TO AACS LA, LICENSORS, OR THEIR AFFILIATES FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES BUT SHALL BE LIABLE FOR DAMAGES AS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUIN SECTION 9. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.For review only -

Appears in 2 contracts

Samples: Advanced Access Content System, Access Content System

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 9, GPN AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE INFORMATIONRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, ANY PROFESSIONAL SERVICES, OR ANY CONTENT; GPN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE SERVICE OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE: (IV) ERRORS OR DEFECTS WILL BE CORRECTED; OR (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, ALL THIRD PARTY PRODUCTS AND ALL CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE IS PROVIDED "AS-IS," TO YOU STRICTLY ON AN "AS AVAILABLE,IS" WITH “ALL FAULTS”, BASIS; AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, ARE DISCLAIMED STATUTORY OR OTHERWISE, INCLUDING (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF WITHOUT LIMITATION) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GPN AND ITS LICENSORS. THE INFORMATION SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SERVICES MAY CONTAIN BUGSOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GPN IS NOT RESPONSIBLE FOR ANY DELAYS, ERRORSDELIVERY FAILURES, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGE RESULTING FROM SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPROBLEMS.

Appears in 2 contracts

Samples: Business Associate Agreement, shared.gatewaypn.com

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "” “AS AVAILABLE," WITH “ALL FAULTS”, ,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 2 contracts

Samples: Terms of Use Agreement, creightonpower.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, ALCHEMY MAKES NO OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE INFORMATIONALCHEMY PRODUCTS, ANY ALCHEMY MATERIALS, CUSTOMIZATIONS, ALCHEMY CUSTOM CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE SERVICES PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”HEREUNDER, AND ALL ALCHEMY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, EXPRESS OR IMPLIEDCONDITIONS AND REPRESENTATIONS OF MERCHANTABILITY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. RELIANCE BY CUSTOMER OR ITS PERSONNEL OR CLIENTS ON ANYTHING IN THE INFORMATION ALCHEMY PRODUCTS, ALCHEMY MATERIALS, CUSTOMIZATIONS, ALCHEMY CUSTOM CONTENT AND/OR SERVICES OR ANYTHING SAID OR DISTRIBUTED BY ALCHEMY OR ITS AGENTS IN CONNECTION WITH THE ALCHEMY PRODUCTS SHALL BE AT CUSTOMER’S SOLE RISK. ANY AND SERVICES MAY CONTAIN BUGSALL USE OF, ERRORSINTERPRETATIONS AND DECISIONS MADE BY CUSTOMER AS A RESULT OF USING, PROBLEMS ALCHEMY PRODUCTS OR OTHER LIMITATIONSINFORMATION PROVIDED BY ALCHEMY UNDER THE TERMS HEREOF ALSO INCLUDE THE OPINION AND JUDGMENT OF CUSTOMER. WE CUSTOMER HAS FULL RESPONSIBILITY FOR USE OF, ALL SUCH INTERPRETATIONS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE DECISIONS MADE BY CUSTOMER USING, ANY ALCHEMY PRODUCTS OR OTHER INFORMATION PROVIDED BY ALCHEMY UNDER THE TERMS OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY ALCHEMY MAKES NO REPRESENTATION, WARRANTY, OR LIABILITY FOR GUARANTEE OF THE ABILITY, COMPETENCE, KNOWLEDGE OR SKILL OF CUSTOMER’S PERSONNEL OR CLIENTS TO UTILIZE SUCCESSFULLY OR APPROPRIATELY, IN ANY DAMAGES CAUSED BY VIRUSES CIRCUMSTANCE, ANY OF THE TRAINING CONTENT OR LESSONS CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDALCHEMY PRODUCTS.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN SECTION 9.1: (A) THE INFORMATION, CONTENT SERVICE AND DOCUMENTS FROM OR THROUGH THE SITE ANY OTHER PRODUCTS AND SERVICES PROVIDED BY THOUGHTFARMER TO CUSTOMER ARE PROVIDED "AS-“AS IS," "”, “AS AVAILABLE," WITH “ALL FAULTS”, WITH ALL FAULTS AND ALL WITHOUT ANY WARRANTIES, EXPRESS REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) THOUGHTFARMER HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, ARE DISCLAIMED COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE; (C) THOUGHTFARMER DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE; AND (D) WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THOUGHTFARMER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.THOUGHTFARMER IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND INTERNET SERVICE PROVIDERS, HOSTING SERVICES MAY CONTAIN BUGSUTILIZED BY THOUGHTFARMER, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONTELECOMMUNICATIONS PROVIDERS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ANY SOFTWARE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD HARDWARE NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTHOUGHTFARMER.

Appears in 1 contract

Samples: Thoughtfarmer Cloud

Disclaimer. RADLINK PRO IMAGING ("THE INFORMATION, CONTENT AND DOCUMENTS FROM SOFTWARE") IS PROVIDED AS IS. USE THE SOFTWARE AT YOUR OWN RISK. RADLINK MAKES NO WARRANTIES AS TO PERFORMANCE OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE UNDER NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT CIRCUMSTANCES SHALL RADLINK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSRESULTING FROM THE USE, LOSS OF PROFITS, LITIGATIONMISUSE, OR INABILITY TO USE THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISESOFTWARE, EVEN IF RADLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION THESE EXCLUSIONS AND LIMITATION LIMITATIONS MAY NOT APPLY IN ALL JURISDICTIONS. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS SITE THE PURPOSE OF AUTO-X IS TO ACCELERATE THE IMAGE ANALYSIS PROCESS. THE SURGEON IS STILL EXPECTED TO VERIFY THAT THE CHOSEN LANDMARKS ARE SATISFACTORY FOR FINAL ASSESSMENT. THE SURGEON'S CHECKLIST MEASUREMENTS WILL VARY BASED ON DIFFERENCES IN LIMB POSITION AND PELVIC TILT. THE PRODUCTSTRADEMARKS ASSOCIATED WITH DEPUY SYNTHES, SERVICESXXXXXX BIOMET, DOCUMENTS STRYKER, MICROPORT/XXXXXX MEDICAL, MEDACTA, XXXXX & NEPHEW, XXXXX, EXACTECH, UNITED ORTHOPEDIC CORP, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONSDJO IMPLANTS ARE THE PROPERTIES OF THEIR RESPECTIVE OWNERS. 6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDRADLINK, INC. assumes no liability for damages, direct or consequential, which may result from the use of the Software or, even if RADLINK, INC. has been advised of the possibility of such damages.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. 21.1 EXCEPT FOR THE INFORMATIONEXPRESS WARRANTIES SET FORTH HEREIN, CONTENT AND DOCUMENTS FROM OWNER MAKES NO FURTHER REPRESENTATIONS OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, ARE DISCLAIMED AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY CONDITION OR WARRANTY OF MERCHANTABLE QUALITY OF THE DATA CREATED BY THE CASTING WORKBOOK OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL OWNER BE LIABLE FOR (I) DAMAGES CAUSED BY MANAGER'S OR ANY SUBCONTRACTOR'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIES TO THIRD PARTIES, UNLESS CAUSED BY REASON OF OWNER'S NEGLIGENCE OR DELIBERATE ACT; (II) LOST DATA; OR (III) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. MANAGER SHALL INDEMNIFY OWNER AGAINST ALL SUCH CLAIMS ASSERTED BY THIRD PARTIES AS A RESULT OF MANAGER'S OR ANY SUBCONTRACTOR'S ACTS OR OMISSIONS. MANAGER WILL CO-OPERATE WITH OWNER AND UNDERTAKE NECESSARY ACTION (INCLUDING BUT NOT LIMITED ACTION WITH RESPECT TO THE DISCLAIMER SUBCONTRACTORS, IF APPROPRIATE) REQUIRED BY APPLICABLE LAWS AND REGULATIONS TO ENSURE THAT OWNER'S LIMITS OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT RESPONSIBILITY AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS VALID AND ENFORCEABLE AGAINST WHOMEVER THEY ARE APPLICABLE. MANAGER WILL IMMEDIATELY INFORM OWNER AS SOON AS MANAGER BECOMES AWARE OF LIABILITY CLAIMS BY A THIRD PARTY WITH RESPECT TO CASTING WORKBOOK SERVICES. OWNER'S LIABILITY FOR DAMAGES TO MANAGER FOR ANY CAUSE, REGARDLESS OF THE BASIS FORM OF ACTION, SHALL NOT EXCEED THE AGGREGATE PRICE PAID FOR CASTING WORKBOOK SERVICES UNDER THIS AGREEMENT WHICH CAUSED THE DAMAGES OR ARE THE SUBJECT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDCLAIM.

Appears in 1 contract

Samples: Facilities Management Agreement (On Line Production Services Inc)

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Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES SET FORTH IN SECTION 8, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (OUR SERVICES INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. YOUR USE OF OUR SERVICES AND ANY THIRD PARTY OFFERINGS IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, SYSTEM INTEGRATION, NON-INTERFERENCE, FREEDOM FROM COMPUTER VIRUS, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE. ADDITIONALLY WE DO NOT WARRANT THAT: (A) THE INFORMATION AND USE OF OUR SERVICES MAY CONTAIN BUGSWILL BE SECURE, ERRORSTIMELY, PROBLEMS UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER LIMITATIONS. WE AND HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR SERVICES WILL MEET YOUR USE REQUIREMENTS OR EXPECTATIONS; (C) THE QUALITY OF ANY INFORMATION OR SERVICEOTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE ACCURATE OR RELIABLE; OR (D) THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, EXCEPT AS PROVIDED DELAYS, AND OTHER PROBLEMS INHERENT IN SECTION 17(b)THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM USE OF OUR SERVICES OR ANY THIRD PARTY OFFERINGS. 9. LIMITATION OF LIABILITY 9.1. IN PARTICULARNO EVENT SHALL WE, BUT NOT AS A LIMITATION THEREOFOUR OFFICERS, WE AND OUR AFFILIATED PARTIES ARE NOT DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE)DAMAGES, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEANY OTHER LEGAL THEORY, EVEN IF AND WHETHER OR NOT THE WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES. THE NEGATION AND FOREGOING LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE BASIS OF AMOUNTS YOU HAVE PAID IN THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE PAST SIX (6) MONTHS TO USE OUR SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT ONE HUNDRED (100) DOLLARS WHICHEVER IS DISCLAIMEDGREATER.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. WE DO NOT CLAIM TO TREAT, CURE, MANAGE OR DIAGNOSE ANY MEDICAL CONDITIONS OR PROVIDE PSYCHOLOGICAL, MEDICAL OR FINANCIAL ADVICE BUT ATTEMPT TO RESTORE BALANCE AND FUNCTION TO YOUR HEALTH AND WELLNESS. THIS PROCESS MAY INCLUDE VIBRATION STIMULATION, VISUAL STIMULATION, ACOUSTIC STIMULATION, PHYSICAL EXERCISES, LASER or LIGHT THERAPY, COLOR STIMULATION, VESTIBULAR STIMULATION, SUPPLEMENTAL RECOMMENDATIONS, DIETARY RECOMMENDATIONS, STRETCHING EXERCISES, PRIMITIVE REFLEX EXERCISES, POSTURE REFLEX EXERCISES, CORE EXERCISES, AND OTHER SENSORY STIMULATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE STRONGLY ADVISED TO REMAIN WITHIN ANY TREATMENT RECOMMENDED TIMES AND PARAMETERS THAT ARE PROVIDED WITH THE PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT GUARANTEED TO ACHIEVE ANY SPECIFIC PERSONAL, PROFESSIONAL, HEALTH OR FINANCIAL RESULTS. YOU AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES AND PARTICIPATION IN THE PROGRAM(S) IS AT YOUR OWN RISK. PROGRAM INFORMATION, CONTENT SERVICES AND DOCUMENTS PRODUCTS ARE USED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS AND ACTIONS THAT RESULT FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”YOUR USE OF SUCH INFORMATION, PRODUCTS, AND ALL WARRANTIESSERVICES. ANY PHYSICAL EXERCISES, EXPRESS DIETARY MODIFICATIONS AND PRODUCT OR IMPLIEDSUPPLEMENT RECOMMENDATIONS SHOULD BE CLEARED BY YOUR PRIMARY CARE PHYSICIAN BEFORE PURCHASING OR ENGAGING IN ANY PRODUCTS OR SERVICES ON OUR SITE. NO PRODUCTS OR SERVICES UTILIZED ON THIS SITE SHOULD REPLACE THAT OF TRADITIONAL MEDICAL APPROACHES AND IT IS ALWAYS ADVISED THAT ANYONE UTILIZING THE PRODUCTS, ARE DISCLAIMED (INCLUDING METHODS OR PRACTICES CONTAINED ON THIS SITE SHOULD CONSULT WITH THEIR MEDICAL PROVIDERS TO DISCUSS CARE RECOMMENDATIONS. AT TIMES, EXERCISE MAY BE PERFORMED THAT COULD CONTRIBUTE TO BUT NOT LIMITED TO SPRAIN/STRAIN INJURY, FRACTURE, HEADACHE, DIZZINESS, NAUSEA OR SEIZURES. BY PROCEEDING, ATTEMPTING, OR ADMINISTERING ANY OF THE DISCLAIMER PRODUCTS OR SERVICES DESCRIBED ON OUR SITE AND IN OUR PROGRAMS, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL INFORMATION THAT COULD CONTRIBUTE TO ANY RISKS THAT ARE INVOLVED WITH PROCEEDING. BY AGREEING TO THESE TERMS, YOU RELEASE US OF ALL LIABILITY. THE SALE OF ANY IMPLIED WARRANTIES PRODCUTS OR SERVICES TO YOU DOES NOT CONSTITUTE YOU ENTERING INTO ANY TYPE OF MERCHANTABILITY DOCTOR/PATIENT RELATIONSHIP WITH US OR ANY OF OUR AFFILIATES. MANY THINK THAT SINCE WE OWN CLINICS AS WELL (in separate entities), THEY SEE THE TWO COMPANIES AS ONE AND FITNESS START ASKING US CLINICAL QUESTIONS RELATING TO THEIR OR THEIR LOVED ONES' DIAGNOSIS. *IF THEY ARE INTENDING TO ENTER INTO A DOCTOR PATIENT RELATIONSHIP WITH ONE OF OUR FOUNDING OR STAFF DOCTORS THEY WILL NEED TO DO THAT VIA THE DOCTOR'S CLINIC THAT IS SEPARATE FROM NEUROSOLUTION Products LLC. WE ARE A DISTRIBUTOR OF THE AVANT LASERS (818-575-6569) WHICH ARE FDA CLEARED FOR A PARTICULAR PURPOSEWHOLE BODY USE TO IMPROVE BLOOD FLOW AND MUSCLE FUNCTION: (XXXXX://XXX.XXXXXXXXXX.XXX.XXX/CDRH_DOCS/PDF12/K123474.PD F). THESE LASERS CAN BE PURCHASED FOR PERSONAL USE IN MOST COUNTRIES, STATES, REGIONS AND TERRITORIES. HOWEVER, IT IS INCUMBENT UPON YOU TO RESEARCH THE INFORMATION AND SERVICES MAY CONTAIN BUGSRULES PERTAINING TO YOUR OWN LOCATION AS THERE ARE SOME LOCATIONS WHERE LASERS ARE NOT ALLOWED FOR PERSONAL USE, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER IE A NON PROVIDER / DOCTOR / THERAPISTS CAN PURCHASE FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)ON THEMSELVES ONLY. IN PARTICULARCONNECTION WITH THE SALE OF A LASER WE PROVIDE (A) PROPRIETARY SETTINGS ON THE LASER AND PROPRIETARY METHODS AND SUPPORT THROUGH SAFE, BUT NOT AS GENERAL USE INSTRUCTIONS VIA A LIMITATION THEREOF, WE WRITTEN MANUAL AND VIDEO WHICH HAVE BEEN CLINICALLY TESTED BY OUR AFFILIATED PARTIES DOCTORS FOR MANY YEARS WHICH YOU ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES STRONGLY ADVISED TO REMAIN WITHIN THE TREATMENT RECOMMENDED TIMES AND PARAMETERS THAT ARE SUGGESTED THEREIN AND (INCLUDING DAMAGES FOR LOSS B) ACCESS TO A PRIVATE FACEBOOK GROUP THAT YOU MUST REQUEST ACCESS TO AT XXXXX://XXX.XXXXXXXX.XXX/GROUPS/529844678025119/ AND ANSWER THE QUESTIONS PROMPTED AND THEN ONE OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND OUR ADMINISTRATORS WILL ADMIT YOU. THIS SITE IS A COMMUNITY FOR LASER OWNERS TO DISCUSS BEST USE PRACTICES AND THE PRODUCTS, SERVICES, DOCUMENTS GAIN INSIGHT. YOU ACKNOWLEDGE AND INFORMATION PRESENTED WOULD AGREE THAT THIS IS NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE A SUBSTITUTE FOR ANY TYPE OF MEDICAL CARE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU GUIDANCE AND THAT RELEASE US FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED ADVICE OR INFORMATION GIVEN IN THIS GROUP. WE ARE A DISTRIBUTOR OF THE XAVANT STIMPOD (XXXXXXX@XXXXXX.XXX). THESE STIMPODS CAN BE PURCHASED FOR PERSONAL USE IN MOST COUNTRIES, STATES, REGIONS AND TERRITORIES. HOWEVER, IT IS INCUMBENT UPON YOU TO RESEARCH THE RULES PERTAINING TO YOUR OWN LOCATION AS THERE ARE SOME LOCATIONS WHERE STIMPODS ARE NOT ALLOWED FOR PERSONAL USE, IE A NON PROVIDER / DOCTOR / THERAPISTS CAN PURCHASE FOR USE ON THEMSELVES ONLY. IN CONNECTION WITH THE SALE OF A STIMPOD WE PROVIDE (A) SAFE, GENERAL USE INSTRUCTIONS VIA A WRITTEN MANUAL AND VIDEO WHICH HAVE BEEN CLINICALLY TESTED BY VIRUSES CONTAINED OUR DOCTORS FOR MANY YEARS WHICH YOU ARE STRONGLY ADVISED TO REMAIN WITHIN THE ELECTRONIC FILE CONTAINING TREATMENT RECOMMENDED TIMES AND PARAMETERS THAT ARE SUGGESTED THEREIN AND (B) ACCESS TO A FORM PRIVATE FACEBOOK GROUP THAT YOU MUST REQUEST ACCESS TO AT XXXXX://XXX.XXXXXXXX.XXX/GROUPS/529844678025119/ AND ANSWER THE QUESTIONS PROMPTED AND THEN ONE OF OUR ADMINISTRATORS WILL ADMIT YOU. THIS IS A COMMUNITY FOR STIMPOD OWNERS TO DISCUSS BEST USE PRACTICES AND GAIN INSIGHT. YOU ACKNOWLEDGE AND AGREE THAT THIS IS NOT A SUBSTITUTE FOR ANY TYPE OF MEDICAL CARE OR DOCUMENT IS DISCLAIMEDGUIDANCE AND THAT RELEASE US FROM ALL LIABILITY FOR ANY ADVICE OR INFORMATION GIVEN IN THIS GROUP.

Appears in 1 contract

Samples: neuro-solution.com

Disclaimer. ASIDE FROM AS SET FORTH IN THIS SECTION 8, THE INFORMATIONSHARED STUDIOS MATERIALS (FOR CLARITY, CONTENT EXCLUDING THE EQUIPMENT, FOR WHICH THE WARRANTIES AND DOCUMENTS FROM OR THROUGH THE SITE DISCLAIMERS SET FORTH IN EXHIBIT A SHALL APPLY) ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ” AND ALL FAULTS”, WHERE-IS” AND ALL WARRANTIESSHARED STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH SHARED STUDIOS MATERIALS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF AS TO TITLE, NONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SHARED STUDIOS MAKES NO REPRESENTATION OR WARRANTY THAT SUCH SHARED STUDIOS MATERIALS SHALL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER OR MEET CUSTOMERʼS REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE SHARED STUDIOS MATERIALS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SHARED STUDIOS MATERIALS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH-RISK ACTIVITIES”). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS SHARED STUDIOS EXPRESSLY DISCLAIMS ANY EXPRESS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER IMPLIED GUARANTEE OF FITNESS FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDHIGH-RISK ACTIVITIES.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer. THE INFORMATIONChecksolo shall use efforts consistent with prevailing industry standards to maintain VERTHOS in a manner which seeks to minimise errors and interruptions in VERTHOS. VERTHOS may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled disruption to VERTHOS. HOWEVER, VERTHOS IS PROVIDED "ON AN AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF VERTHOS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (IN CONNECTION WITH VERTHOS AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF VERTHOS’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO VERTHOS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VERTHOS, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND SERVICES MAY CONTAIN AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VERTHOS, (5) ANY BUGS, ERRORSVIRUSES, PROBLEMS TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VERTHOS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA VERTHOS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH VERTHOS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIALM OR PUNITIVE DAMAGES, INDLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR DAMAGES ARISING FROM YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEVERTHOS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE NEGATION CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOWVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BASIS OF THE BARGAIN BETWEEN US ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDMAY HAVE ADDITIONAL RIGHTS.

Appears in 1 contract

Samples: Terms of Use

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT AND TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE SECURITY SERVICES ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND DOCUPACE DOES NOT MAKE ANY WARRANTIES WHATSOEVER, AND ALL WARRANTIESWHETHER EXPRESS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE, WITH RESPECT TO THE DISCLAIMER OF ANY SECURITY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE INFORMATION GENERALITY OF THE FOREGOING, DOCUPACE DOES NOT WARRANT THAT (I) THE SECURITY SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR (II) THE SECURITY SERVICES WILL BE ERROR FREE AND/OR OPERATE WITHOUT INTERRUPTION. CUSTOMER UNDERSTANDS COMPUTER, NETWORK, AND SERVICES INTERNET SECURITY ARE CONTINUALLY GROWING AND CHANGING FIELDS AND THIS SECURITY SERVICE DOES NOT GUARANTEE THE CUSTOMER’S SYSTEMS ARE SECURE FROM EVERY FORM OF ATTACK. NO SECURITY TESTING IS 100% INFALLIBLE. CUSTOMER UNDERSTANDS AND ACCEPTS THAT IT IS IMPOSSIBLE TO TEST THE VARIOUS SYSTEMS (HARDWARE, SOFTWARE AND NETWORK) WHICH MAY CONTAIN BUGSHAVE VULNERABILITIES WHICH ARE NOT KNOWN AT THE TIME OF TESTING OR FOR THE MATHEMATICAL UNIVERSE OF ALL POSSIBLE INPUTS/OUTPUTS FOR EACH SOFTWARE OR HARDWARE COMPONENT IN USE. FURTHER, ERRORSSECURITY BREACHES CAN AND FREQUENTLY DO COME FROM INTERNAL SOURCES WHOSE ACTIVITY IS NOT A FUNCTION OF SYSTEM CONFIGURATION, PROBLEMS AUDITING OR OTHER LIMITATIONSMONITORING. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)Limitation of Liability. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT NO EVENT SHALL DOCUPACE BE LIABLE TO CUSTOMER (OR ANY OTHER THIRD PARTY) FOR ANY INDIRECTCONSEQUENTIAL, SPECIALEXEMPLARY, INCIDENTAL PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OR COSTS HOWSOEVER ARISING OUT OF BUSINESSOR RELATED TO THIS AGREEMENT, LOSS UNDER ANY THEORY OF PROFITS, LITIGATION, OR THE LIKE)LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR COSTS. THE NEGATION AND LIMITATION EXCEPT FOR A BREACH OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SECTION 5, DOCUPACE’S AGGREGATE LIABILITY TO CUSTOMER UNDER THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD AGREEMENT SHALL NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED EXCEED FEES PAID BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN CUSTOMER TO DOCUPACE UNDER THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: Docupace Security Services Agreement

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SYNESIS ONE, ITS AFFILIATES, AND ALL WARRANTIESITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, ARE DISCLAIMED (STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE)USE AND NON-INFRINGEMENT. SYNESIS ONE, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF SYNESIS ONE GAMES. THE INFORMATION USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND SERVICES MAY CONTAIN BUGSDIGITAL REWARDS. NEITHER SYNESIS ONE, ERRORSITS AFFILIATES, PROBLEMS NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF SYNESIS ONE GAMES WILL BE ERROR-FREE OR OTHER LIMITATIONSUNINTERRUPTED. WE SYNESIS ONE, ITS AFFILIATES, AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECTLOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, SPECIAL, INCIDENTAL WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDINCURRING SUBSTANTIAL FEES.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 11.1 AND 11.2, THE INFORMATIONPROFESSIONAL SERVICES, CONTENT THE DELIVERABLES, THE SUBSCRIPTION SERVICES AND DOCUMENTS FROM OR THROUGH THE SITE SUPPORTED SOFTWARE ARE PROVIDED "TO CUSTOMER “AS-IS," "” AND “AS AVAILABLE," WITH “” AND CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL FAULTS”USE OF THE DELIVERABLES AND THE SUPPORTED SOFTWARE IS AT CUSTOMERS SOLE RISK. DOCKER, ITS SUBSIDIARIES, AFFILIATES AND ALL WARRANTIESLICENSORS DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING IN CONNECTION WITH THE PROFESSIONAL SERVICES, DELIVERABLES, SUBSCRIPTION SERVICES OR SUPPORTED SOFTWARE PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCKER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PURPOSE AND SERVICES MAY CONTAIN BUGSANY REPRESENTATION, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONWARRANTY, OR THE LIKE), WHETHER COVENANT BASED ON BREACH COURSE OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY DEALING OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONSUSAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE DOCKER OR OTHERWISE ELSEWHERE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR (B) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR SUBSCRIPTON SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT DOCKER'S WARRANTY OR LIABILITY FOR ANY DAMAGES CAUSED LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY VIRUSES CONTAINED WITHIN APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE ELECTRONIC FILE CONTAINING A FORM SUPPORTED SOFTWARE IS NOT DESIGNED, INTENDED OR DOCUMENT IS DISCLAIMEDWARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Appears in 1 contract

Samples: Important

Disclaimer. EXCEPT AS SPECIFIED IN THE INFORMATIONABOVE, CONTENT EXTREME AND DOCUMENTS FROM OR THROUGH ITS LICENSORS PROVIDE THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SOFTWARE, MAINTENANCE SERVICES, AND THIRD PARTY SOFTWARE “AS IS” AND EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIESEXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY WARRANTIES AND REPRESENTATIONS, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE)USE OR MEETING CUSTOMER’S REQUIREMENTS OR USAGE OF TRADE, COMPATIBILITY, OR INTEROPERABILITY WITH ANY HARDWARE, SOFWARE, SYSTEMS OR DATA NOT PROVIDED BY EXTREME, SATISFACTORY QUALITY, NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM FROM INTERRUPTION OR ERROR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXTREME DOES NOT WARRANT THAT THE INFORMATION AND SERVICES MAY CONTAIN BUGSSOFTWARE IS FREE OF INACCURACIES, ERRORS, PROBLEMS BUGS, VIRUSES, INTERRUPTIONS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS OR THAT ALL ERRORS WILL BE CORRECTED. TO THE EXTENT THAT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE NINETY (90) DAY WARRANTY PERIOD OR OTHERWISE TO THE MAXIM EXTENT PERMITTED BY LAW. BECAUSE SOME JURISTICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXTREME ALSO DOES NOT WARRANT THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. EXTREME IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES OR ANY LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND YOU ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION MAY BE SUBJECT TO LIMITATIONS. WE , DELAYS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR OTHER PROBLEMS INHERENT IN THE USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDCOMMUNICATION FACILITIES.

Appears in 1 contract

Samples: License Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES EXPLICITLY SET FORTH IN SECTION 9.1 AND, CONTENT AND DOCUMENTS FROM OR THROUGH IF CUSTOMER PURCHASES LOOP EVSE, IN SECTION 8, THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “PARTIES HEREBY DISCLAIM ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE AND ANY WARRANTIES SET FORTH IN THE AGREEMENTS BETWEEN CUSTOMER AND EITHER INSTALLER OR A DISTRIBUTOR OR RESELLER FROM WHOM CUSTOMER PURCHASED THE LOOP EVSE. EXCEPT FOR THE WARRANTIES EXPLICITLY SET FORTH IN SECTION 9.1 AND, IF CUSTOMER PURCHASES LOOP EVSE, IN SECTION 8, THE EVSE, THE LOOP NETWORK AND SERVICES ARE DISCLAIMED (PROVIDED “AS-IS” AND LOOP DOES NOT WARRANT THAT THE LOOP NETWORK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LOOP NETWORK OR SERVICES. FURTHER, IF CUSTOMER ELECTS TO CONNECT EVSE TO CUSTOMER’S EXISTING INTERNET NETWORK, CUSTOMER AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ALL CONNECTIVITY ISSUES AND LOOP SHALL NOT BE RESPONSIBLE FOR ANY FINANCIAL LOSSES, REVENUE DEDUCTIONS, REPROGRAMMING COSTS, EQUIPMENT MAINTENANCE OR REPLACEMENT, OR ANY OTHER ISSUES RESULTING FROM OR LEADING TO CONNECTIVITY PROBLEMS WITH THE LOOP NETWORK, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSROUTER COMPLICATIONS, ERRORSPASSWORD CHANGES, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONSYSTEM REBOOTS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY CONNECTION SPEED REDUCTIONS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: loopglobal.com

Disclaimer. EXCEPT FOR THE INFORMATIONLIMITED REPRESENTATIONS, CONTENT WARRANTIES, AND DOCUMENTS FROM OR THROUGH COVENANTS EXPRESSLY STATED HEREIN, THE SITE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS-AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED WARRANTIES OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIEDWARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). EXCEPT FOR THE INFORMATION LIMITED REPRESENTATIONS, WARRANTIES AND SERVICES MAY CONTAIN BUGSCOVENENANTS EXPRESSLY STATED HEREIN, ERRORSMYECHECK AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, PROBLEMS DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER LIMITATIONSREPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE GREENPAY ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND OUR AFFILIATED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY INFORMATION SERVICES PROVIDED BY ANY PERSON OR SERVICEENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, EXCEPT AS PROVIDED IN SECTION 17(b)AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR GREENPAY FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES EXPRESS WARRANTIES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: License and Services Agreement

Disclaimer. COMPANY ACKNOWLEDGES THAT THE INFORMATIONFAIRVIEW TECHNOLOGY MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY FAIRVIEW. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTENT THE FAIRVIEW TECHNOLOGY IS PROVIDED “AS IS” AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, AND ALL WARRANTIESEXPRESS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSORAL, ERRORSWRITTEN, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY STATUTORY OR OTHERWISE, EVEN IF ADVISED INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF THE POSSIBILITY FAIRVIEW TECHNOLOGY. FAIRVIEW DISCLAIMS LIABILITY FOR COMPANY’S OR ANY PARTY’S ACT OR OMISSION IN USE OF SUCH DAMAGESOR RELIANCE UPON THE FAIRVIEW TECHNOLOGY, OR THAT THE QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL OBTAINED THROUGH THE FAIRVIEW TECHNOLOGY WILL MEET COMPANY’S OR ANY SUBLICENSEE’S OR OTHER THIRD PARTY’S REQUIREMENTS OR EXPECTATIONS; ERRORS OR DEFECTS WILL BE CORRECTED; OR THE FAIRVIEW TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH IT OR ITS SUBLICENSEES USE THE NEGATION FAIRVIEW TECHNOLOGY. COMPANY AKNOWLEDGES THAT THE FAIRVIEW TECHNOLOGY IS NOT AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTSIS NOT INTENDED TO SUPPLY INVESTMENT, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO TAX OR LEGAL ADVICE OR INFORMATIONAS A RECOMMENDATION REGARDING A COURSE OF ACTION, WHETHER ORAL INCLUDING ANY RECOMMENDATION REGARDING PARTICULAR FINANCIAL INSTRUMENTS, INVESTMENTS, INTELLECTUAL PROPERTY INFORMATION OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPRODUCTS.

Appears in 1 contract

Samples: Claims Direct License Agreement

Disclaimer. THE INFORMATION, CONTENT MINING SPACE AND DOCUMENTS FROM OR THROUGH THE SITE CONNECTIVITY SERVICES ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”” AND CONTRACTOR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONTRACTOR DOES NOT WARRANT THAT THE MINING SPACE AND/OR THE SERVICES WILL BE AVAILABLE UNINTERRUPTED, ERROR-FREE OR IN A COMPLETELY SECURE BASIS. IT IS INTENDED THAT THE FEES AND CHARGES PAYABLE BY YOU HEREUNDER SHALL BE A NET RETURN TO CONTRACTOR, FREE OF EXPENSE, CHARGE, OFFSET, DIMINUTION OR OTHER DEDUCTION WHATSOEVER ON ACCOUNT OF THE PREMISES OR THE MINING SPACE (EXCEPTING FEDERAL AND STATE INCOME TAXES OF GENERAL APPLICATION AND THOSE EXPENSES WHICH THIS AGREEMENT EXPRESSLY MAKES THE RESPONSIBILITY OF CONTRACTOR). YOU HEREBY WAIVE ALL RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE TO MAKE REPAIRS TO THE INFORMATION MINING SPACE OR THE PREMISES AT CONTRACTOR’S OR CONTRACTOR’S LESSOR’S EXPENSE. YOU UNDERSTAND THAT CONTRACTOR FACILITIES PARTICIPATE IN CERTAIN INTERRUPTIBLE RATE CLASS AND SERVICES POWER RELIABILITY PROGRAMS. YOU WARRANT AND ACKNOWLEDGE THAT SERVICE INTERRUPTIONS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONSOCCUR FROM TIME-TO-TIME AND THAT THE FAVORABLE CO-LOCATION RATES YOU ARE RECEIVING ARE IN CONSIDERATION FOR THESE PROGRAMS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO BONA FIDE INTERRUPTIONS OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT SERVICE AS A LIMITATION THEREOF, WE RESULT OF CONTRACTOR’S OBLIGATIONS ARISING FROM INTERRUPTIBLE RATE CLASS AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPOWER RELIABILITY PROGRAMS.

Appears in 1 contract

Samples: Services Agreement (Bitmine Immersion Technologies, Inc.)

Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES SET FORTH IN SECTION 9, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (OUR SERVICES INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF OUR SERVICES AND ANY THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, SYSTEM INTEGRATION, NON- INTERFERENCE, FREEDOM FROM COMPUTER VIRUS, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE. ADDITIONALLY WE DO NOT WARRANT THAT: (A) THE INFORMATION AND USE OF OUR SERVICES MAY CONTAIN BUGSWILL BE SECURE, ERRORSTIMELY, PROBLEMS UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER LIMITATIONS. WE AND HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR SERVICES WILL MEET YOUR USE REQUIREMENTS OR EXPECTATIONS; (C) THE QUALITY OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OTHER MATERIAL OBTAINED BY YOU FROM US THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE ACCURATE OR RELIABLE; OR (D) THE SITE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHERWISE SHALL CREATE ANY WARRANTYOTHER HARMFUL COMPONENTS. OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, REPRESENTATION OR GUARANTEE DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM RESULTING FROM SUCH PROBLEMS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR DOCUMENT IS DISCLAIMEDLOSS OF DATA THAT RESULTS FROM USE OF OUR SERVICES OR ANY THIRD-PARTY OFFERINGS.

Appears in 1 contract

Samples: Abacus Financial Services Master Subscription Agreement

Disclaimer. The warranties provided in this Article do not apply if the failure to meet the applicable warranty for the Licensed Software or SaaS is caused (i) by malfunction of non-Licensor hardware or software, (i i ) by modification of the Licensed Software and/or SaaS not made by Licensor, (i i i ) by operator error, or (iv) by use of the Licensed Software and/or SaaS that is not in accordance with any Licensor documentation. EXCEPT FOR THE INFORMATIONWARRANTIES EXPRESSLY STATED HEREIN, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ALL PRODUCTS ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “” AND LICENSOR HEREBY DISCLAIMS ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE). TO THE INFORMATION AND SERVICES MAY CONTAIN BUGSMAXIMUM EXTENT PERMITTED BY LAW, ERRORS, PROBLEMS LICENSOR MAKES NO REPRESENTATION OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR WARRANTY THAT: (A) THE USE OF ANY INFORMATION SAAS OR SERVICELICENSED SOFTWARE WILL BE SECURE, EXCEPT AS PROVIDED TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SAAS OR LICENSED SOFTWARE WILL OPERATE IN SECTION 17(b). IN PARTICULARCOMBINATION WITH ANY OTHER HARDWARE, BUT NOT AS A LIMITATION THEREOFSOFTWARE, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONSYSTEM, OR DATA; (C) THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT SAAS OR LICENSED SOFTWARE (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE ANY PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US THROUGH THE SITE SAAS OR OTHERWISE SHALL CREATE LICENSED SOFTWARE) WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (D) ANY WARRANTY, REPRESENTATION STORED DATA WILL BE ACCURATE OR GUARANTEE RELIABLE OR THAT ANY STORED DATA WILL NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY BE LOST OR LIABILITY FOR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) SAAS OR LICENSED SOFTWARE (OR ANY DAMAGES CAUSED BY SERVER(S) THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDOTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Community Brands Terms and Conditions

Disclaimer. THE INFORMATIONWe disclaim any legal liability for the quality, CONTENT safety, or reliability of Xecurify. SOME COUNTRIES AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT JURISDICTIONS DO NOT LIMITED TO ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON Xecurify OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR Xecurify AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Xecurify DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Xecurify AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Xecurify OR ANYTHING RELATED TO Xecurify, YOU MAY CLOSE YOUR Xecurify ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. Xecurify IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE INFORMATION AND SERVICES MAY CONTAIN BUGSDELIVERY OF ANY MESSAGES (SUCH AS EMAILS, ERRORSPOSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Xecurify TO ANYONE. IN ADDITION, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY INFORMATION OR MATERIAL, SERVICE, EXCEPT AS PROVIDED OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Xecurify DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Xecurify DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. Xecurify DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN SECTION 17(b)FUNCTIONING. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOFTHE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONUPDATES, OR THE LIKE)SYSTEM OR NETWORK FAILURES. Xecurify DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Xecurify DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDXecurify SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Appears in 1 contract

Samples: User Agreement

Disclaimer. THE INFORMATION, CONTENT DEVELOPMENT TOOLS AND DOCUMENTS FROM OR THROUGH THE SITE ANY THIRD-PARTY MATERIALS ARE PROVIDED "AS-ON AN “AS IS," "AS AVAILABLE," WITH “” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNITY AND ITS LICENSORS DISCLAIM ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE AND NON-INFRINGEMENT. UNITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND SERVICES MAY CONTAIN BUGSDEVELOPMENT TOOLS OR THIRD-PARTY MATERIALS ARE (I) ACCURATE, ERRORSCOMPLETE, PROBLEMS RELIABLE, CURRENT OR ERROR-FREE, (II) FREE OF VIRUSES OR OTHER LIMITATIONSHARMFUL COMPONENTS; OR (III) SUFFICIENT FOR DEVELOPMENT OF YOUR CONTENT. WE YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER DISINFECT VIRUSES FROM ANY DEVELOPMENT TOOLS. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP ANY YOU CONTENT AND FOR THE ACCURACY AND QUALITY OF YOUR CONTENT. YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONTHE DEVELOPMENT TOOLS, OR YOUR RELIANCE ON THE LIKE)ACCURACY, WHETHER BASED ON BREACH OF CONTRACTCOMPLETENESS, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED USEFULNESS OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDDEVELOPMENT TOOLS.

Appears in 1 contract

Samples: Development Tools License Terms

Disclaimer. TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTENT THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND DOCUMENTS FROM OR THROUGH THE SITE THERE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT AND NUANCE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. NUANCE DOES NOT LIMITED GUARANTEE THAT THE SOFTWARE, EQUIPMENT OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. NUANCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE DISCLAIMER ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL NUANCE'S THIRD-PARTY SUPPLIERS OF ANY IMPLIED WARRANTIES COMPONENT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND NUANCE SOFTWARE, HOSTED SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION NUANCE EQUIPMENT BE RESPONSIBLE OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY INDIRECTDAMAGES, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY DIRECT OR OTHERWISE, EVEN IF ADVISED ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDFOREGOING SENTENCE.

Appears in 1 contract

Samples: Healthcare Master Agreement

Disclaimer. Nepoware has provided links and pointers to Internet sites maintained by third parties. Neither Nepoware, nor its affiliates operate or control in any respect any information, products or services on these third-party sites. THE INFORMATION, CONTENT MATERIALS IN THIS SITE AND DOCUMENTS FROM OR THROUGH THE SITE THIRD-PARTY SITES ARE PROVIDED "AS-AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEPOWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PARTICUALR PURPOSE). NEPOWARE DOES NOT WARRANT THAT THE INFORMATION AND FUNCTIONS OF ITS PRODUCTS OR SERVICES MAY CONTAIN BUGSWILL BE UNINTERRUPTED OR ERROR-FREE, ERRORSTHAT DEFECTS WILL BE CORRECTED, PROBLEMS OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER LIMITATIONSHAMFUL COMPONENTS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR NEPOWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION THE MATERIALS IN THIS SITE OR SERVICEIN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, EXCEPT AS PROVIDED ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT NEPOWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,IN SECTION 17(b). IN PARTICULARADDITION TO THE ABOVE DISCLAIMERS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT AS A LIMITATION THEREOFLIMITED TO NEGLIGENCE, WE AND OUR AFFILIATED PARTIES ARE NOT SHALL NEPOWARE, ITS SUBSIDIARY OR AFFILIATES, SUPPLIERS, LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONTHAT RESULT FROM THE USE OF, OR THE LIKE)INABILITY TO USE NEPOWARE PRODUCT, WHETHER BASED ON BREACH MATERIALS OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH, ANY OF CONTRACTNEPOWARE TERMS AND CONDITIONS, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEPOWARE PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: neposmart.com

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY SECTION, THE INFORMATIONSERVICES, CONTENT INCLUDING THE WEBSITE AND DOCUMENTS FROM OR THROUGH THE SITE ANY REPORTS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED "AS-ON AN “AS IS," "” AND “AS AVAILABLE," WITH “ALL FAULTS”” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND YAYPAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. LICENSEE ACKNOWLEDGES THAT YAYPAY DOES NOT WARRANT THAT THE INFORMATION AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR BE OBTAINED FROM USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SERVICES OBTAINED BY YOU LICENSEE FROM US YAYPAY OR THROUGH THE SITE OR OTHERWISE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY LICENSEE HEREBY ACKNOWLEDGES THAT INVOICING, REMINDER AND COLLECTION ACTIVITIES MAY NOT ACHIEVE THE RESULT DESCRIBED, INTENDED, OR LIABILITY FOR EXPECTED, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED INCREASE IN AMOUNTS RECEIVED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDLICENSEE.

Appears in 1 contract

Samples: Yaypay Terms of Service

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE INFORMATIONSERVICE IS PROVIDED “AS IS” AND NEITHER ANOMALI, CONTENT AND DOCUMENTS FROM NOR ITS LICENSORS OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”PROVIDERS, MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE). IN ADDITION, CUSTOMER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT XXXXXXX MAKES NO WARRANTIES WITH RESPECT TO ANY THREAT DATA AND DOES NOT GUARANTEE OR WARRANT THAT USE OF THE SERVICE WILL IDENTIFY, FIND, LOCATE OR DISCOVER ALL SYSTEM THREATS, VULNERABILITIES, MALWARE OR MALICIOUS CODE. CUSTOMER ACKNOWLEDGES THAT SUCH THIRD PARTIES MAY BE BAD ACTORS AND SUCH DATA MAY BE DANGEROUS TO PERSONS OR PROPERTY, OR OTHERWISE VIOLATE OR INFRINGE LAWS, REGULATIONS OR THIRD PARTY RIGHTS. THE INFORMATION SERVICE IS NOT FAULT-TOLERANT AND SERVICES MAY CONTAIN BUGSIS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE OR OPERATION. THE SERVICE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONNUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING HEREIN TO THE LIKE)CONTRARY, WHETHER BASED IF THE SERVICE IS PROVIDED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT AN EVALUATION (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE FREE) BASIS, IT IS PROVIDED “AS IS” AND NO WARRANTIES, OR ANY WARRANTYKIND, REPRESENTATION OR GUARANTEE ARE MADE (I.E. SECTION 7.1 WILL NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDAPPLY).

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONWARRANTIES SET FORTH IN SECTION 9, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (OUR SERVICES INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF OUR SERVICES AND ANY THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, SYSTEM INTEGRATION, NON-INTERFERENCE, FREEDOM FROM COMPUTER VIRUS, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE. ADDITIONALLY WE DO NOT WARRANT THAT: (A) THE INFORMATION AND USE OF OUR SERVICES MAY CONTAIN BUGSWILL BE SECURE, ERRORSTIMELY, PROBLEMS UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER LIMITATIONS. WE AND HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR SERVICES WILL MEET YOUR USE REQUIREMENTS OR EXPECTATIONS; (C) THE QUALITY OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OTHER MATERIAL OBTAINED BY YOU FROM US THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE ACCURATE OR RELIABLE; OR (D) THE SITE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHERWISE SHALL CREATE ANY WARRANTYOTHER HARMFUL COMPONENTS. OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, REPRESENTATION OR GUARANTEE DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM RESULTING FROM SUCH PROBLEMS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR DOCUMENT IS DISCLAIMEDLOSS OF DATA THAT RESULTS FROM USE OF OUR SERVICES OR ANY THIRD-PARTY OFFERINGS.

Appears in 1 contract

Samples: Abacus Financial Services Master Subscription Agreement

Disclaimer. a. THE INFORMATIONAMAZON SITE AND THE SERVICES, CONTENT INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND DOCUMENTS FROM INFORMATION MADE AVAILABLE ON OR THROUGH PROVIDED IN CONNECTION WITH THE SITE SERVICES, ARE PROVIDED "AS-IS,." "AS A USER OF THE SERVICES, YOU USE THE AMAZON SITE, THE SERVICES AND SELLER CENTRAL OR ANY ONLINE PORTAL OR TOOL PROVIDED BY AMAZON TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (1) ANY REPRESENTATIONS OR, WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMAZON SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE," WITH “ALL FAULTS”, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND ALL WARRANTIESWE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, EXPRESS OR IMPLIEDINCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE DISCLAIMER RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF MERCHANTABILITY AND ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORSTITLE, PROBLEMS NON- INFRINGEMENT OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDQUIET ENJOYMENT.

Appears in 1 contract

Samples: Services Business Solutions Agreement

Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED AND/OR WARRANTED UNDER THIS AGREEMENT, DOTMATICS DISCLAIMS, TO THE INFORMATIONMAXIMUM EXTENT ENFORCEABLE BY LAW, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, ANY AND ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR MERCHANTABILITY, QUALITY, FITNESSFOR A PARTICULAR PURPOSE), NON- INFRINGEMENT, NON- INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE BE IMPLIED. CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING DOTMATICS OFFERINGS TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INFORMATION USE OF, AND SERVICES MAY CONTAIN BUGSRESULTSOBTAINED FROM, ERRORSTHE DOTMATICS OFFERINGS. WITHOUT LIMITING THE FOREGOING PROVISION, PROBLEMS DOTMATICS DOES NOT WARRANT THAT THE DOTMATICS OFFERINGS WILL BEERROR-FREE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR THAT USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONOF, OR ACCESS TO, SUCH DOTMATICS OFFERINGS WILL BE UNINTERRUPTED, THAT DOTMATICS WILL CORRECT ALL SOFTWARE DEFECTS, OR THAT THE LIKE), WHETHER BASED DOTMATICS OFFERINGS WILL MEET &86720(5¶6 5(48N,O5W(A0R(RA1N7TI6ES ARE MADE ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTSCOURSE OF PERFORMANCE, SERVICESCOURSE OR DEALING, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTRADE USAGE.

Appears in 1 contract

Samples: assets.ctfassets.net

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE EXCEPT AS EXPRESSLY PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND IN SECTION 17: (i) SPARKPOST DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), AND ANY OTHER WARRANTY IMPLIED BY APPLICABLE LAW; (ii) THE SITE, THE SERVICE (AND ANY AND ALL CONTENT OF ANY KIND PROVIDED BY SPARKPOST IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT) IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY; AND (iii) SPARKPOST DOES NOT WARRANT OR GUARANTEE INBOX PLACEMENT RATE (SOMETIMES REFERRED TO AS MESSAGE “DELIVERY”) BECAUSE OF THE GREAT NUMBER OF CONDITIONS, PRACTICES, REPUTATIONAL ISSUES OUTSIDE SPARKPOST’S CONTROL, AND/OR THE POSSIBILITY THAT MESSAGE RECIPIENTS MAY, AT ANY TIME, BE USING HARDWARE OR SOFTWARE THAT IS NO LONGER SUPPORTED PURSUANT TO THE MANUFACTURER’S END-OF-LIFE POLICY. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR ANY USE OF THE SERVICES BY YOU IS ENTIRELY AT YOUR OWN RISK. IF YOU MAKE ANY INFORMATION CHANGES OR SERVICEMODIFICATIONS TO THE SERVICE (OR ANY CONTENT OF ANY KIND PROVIDED BY SPARKPOST IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT), EXCEPT AS PROVIDED THE WARRANTIES IN SECTION 17(b)17 WILL BE NULL AND VOID. IF ANY PART OF THIS SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES WILL BE LIMITED IN PARTICULARDURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE EFFECTIVE DATE, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL NO WARRANTIES OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDCONDITIONS WILL APPLY AFTER THAT PERIOD.

Appears in 1 contract

Samples: www.sparkpost.com

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE INFORMATIONEXTENT PERMITTED BY APPLICABLE LAW, CONTENT THE TTEC SERVICES AND DOCUMENTS FROM OR THROUGH THE SITE DOCUMENTATION ARE PROVIDED "AS-DELIVERED “AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, WITHOUT EXPRESS OR IMPLIEDIMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, ARE DISCLAIMED (PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS INTERNET (OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(bPORTIONS THEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. Limitation of Liability NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN PARTICULARCONTRACT, BUT NOT AS A LIMITATION THEREOFTORT (INCLUDING, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECTCONSEQUENTIAL, SPECIALEXEMPLARY, INCIDENTAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, REVENUE, PROFITS, LITIGATIONOR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE LIKE), WHETHER BASED ON BREACH EVENT OF CONTRACT, BREACH OF WARRANTYTHE FAULT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEMISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY VIRUSES CONTAINED WITHIN CLIENT TO TTEC PURSUANT TO THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDTERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Indemnity by Client Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. Indemnity by TTEC TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Appears in 1 contract

Samples: End User Agreement

Disclaimer. THE INFORMATIONWARRANTIES SET FORTH SECTION 6.1 ARE MADE FOR THE BENEFIT OF CLIENT ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AN ORDER, CONTENT THE USER GUIDE AND DOCUMENTS FROM PRODUCT AND OR THROUGH THE SITE SERVICES ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL POTENTIATE MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, TITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR THE RESULTS CLIENT MAY OBTAIN BY USING THE PRODUCT AND OR SERVICES. POTENTIATE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE INFORMATION PRODUCT AND OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. POTENTIATE DOES NOT WARRANT THAT THE PRODUCT AND OR SERVICES WILL BE COMPATIBLE WITH CLIENT’S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. POTENTIATE DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY CLIENT DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY POTENTIATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)NOT APPLY TO CLIENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONNO EVENT SHALL POTENTIATE BE REQUIRED TO PROVIDE, OR BEAR ANY RESPONSIBILITY FOR, ANY TELECOMMUNICATIONS OR COMPUTER NETWORK HARDWARE REQUIRED BY CLIENT OR ANY AUTHORIZED USER TO ACCESS THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY AND OR OTHERWISE, EVEN IF ADVISED OF SERVICES FROM THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDINTERNET.

Appears in 1 contract

Samples: global-uploads.webflow.com

Disclaimer. THE INFORMATIONAIRCRAFT SHALL BE SOLD, CONTENT TRANSFERRED AND DOCUMENTS FROM ASSIGNED IN ITS “AS IS, WHERE IS” CONDITION AT THE TIME OF DELIVERY AND, WITH THE EXCEPTION OF THE REPRESENTATIONS AND WARRANTIES PROVIDED FOR IN SECTION 4 HEREOF AND IN THE BILL OF SALE DELIVERED HEREUNDER, SELLER MAKES NO WXXXXNTIES, GUARANTEES OR THROUGH REPRESENATIONS OF ANY KIND, EITHER EXPRESS OR IMPLED, STATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY OF THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”AIRCRAFT OR OTHER ITEMS DELIVERED BY SELLER TO BUYER HEREUNDER. BUYER WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED ARISING BY LAW OR OTHERWISE WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE DISCLAIMER AIRCRAFT, AIRCRAFT RECORDS OR OTHER THING DELIVERED OR ASSIGNED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE CONDITON OR AIRWORTHINESS THEREOF, THE EQUIPMENT THEREIN, DAMAGE THERETO, THE LOGS, MANUALS OR OTHER RECORDS THEREOF, THE LOCATION OF THE AIRCRAFT, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGSOR MERCHANTABILITY, ERRORSANY LIABILITY ARISING FROM STRICT LIABILITY IN TORT, PROBLEMS PRODUCTS LIABILITY, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR LOSS OR USE, PROFIT OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (PLM Equipment Growth Fund V)

Disclaimer. SUBJECT TO THE INFORMATIONEXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, CONTENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION AND DOCUMENTS FROM ANY MATERIALS OR THROUGH SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT (INCLUDING THE SITE USE THEREOF) ARE PROVIDED "AS-“AS IS," "AS AVAILABLE," WITH “” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. IGLOO DISCLAIMS ALL FAULTS”REPRESENTATIONS, WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF INCLUDING, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OR TRADE, OR COURSE OF DEALING REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES, DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. IGLOO DOES NOT WARRANT THAT THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONSDOCUMENTATION WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT CUSTOMER AGREES THAT IGLOO SHALL NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL ACTION IGLOO TAKES TO REMOVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED RESTRICT ACCESS TO ANY CUSTOMER DATA THAT VIOLATES ANY OF THE POSSIBILITY TERMS OF SUCH DAMAGESTHIS AGREEMENT. THE NEGATION AND LIMITATION OF DAMAGES EXCEPT FOR IGLOO’S OBLIGATIONS THAT ARE EXPRESSLY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY , THE ENTIRE RISK ARISING OUT OF THE USE OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN PERFORMANCE OF THE ELECTRONIC FILE CONTAINING A FORM IGLOO PLATFORM OR DOCUMENT IS DISCLAIMEDDOCUMENTATION REMAINS WITH CUSTOMER.

Appears in 1 contract

Samples: Master Terms of Service

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.2, THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED PRODUCTS (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER ALL EVALUATION LICENSES AND SDK LICENSES) ARE OFFERED “AS IS” AND "AS AVAILABLE" AND YOU RECEIVE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE, OUR AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION , TITLE AND SERVICES MAY CONTAIN BUGSNON-INFRINGEMENT; AND ANY WARRANTY ARISING FROM COURSE OF DEALING, ERRORS, PROBLEMS USAGE OR OTHER LIMITATIONSTRADE PRACTICE. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR DO NOT WARRANT THAT THE USE OR OPERATION OF ANY INFORMATION OF THE PRODUCTS WILL BE SECURE, UNINTERRUPTED, FREE OF HARMFUL CODE OR SERVICEERROR FREE OR THAT THE PRODUCTS WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE, EQUIPMENT OR HARDWARE (EXCEPT AS PROVIDED IF AND TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 17(bTHE DOCUMENTATION). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THAT THE LIKE)PRODUCTS WILL NOT CAUSE ANY LOSS OR CORRUPTION OF DATA, WHETHER BASED ON BREACH OR THAT THE PRODUCTS WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS. NO EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY SECUREAUTH HAS THE AUTHORITY TO BIND US TO ANY ORAL REPRESENTATIONS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND WARRANTY CONCERNING THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE ANY WRITTEN REPRESENTATIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE WARRANTIES NOT EXPRESSLY STATED CONTAINED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDAGREEMENT ARE UNENFORCEABLE.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS WARRANTIES IN THIS SECTION 9, CONTENT CROWDSTRIKE AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ITS AFFILIATES DISCLAIM ALL FAULTS”, AND ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE. TO THE DISCLAIMER OF ANY MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE, AND NON- INFRINGMENT WITH RESPECT TO THE OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE INFORMATION OFFERINGS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES CROWDSTRIKE TOOLS ARE NOT LIABLE FAULT-TOLERANT AND NOT DESIGNED OR INTENDED FOR USE IN ANY INDIRECTHAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONNUCLEAR FACILITIES, OR THE LIKE)COMMUNICATION SYSTEMS, WHETHER BASED ON BREACH OF CONTRACTWEAPONS SYSTEMS, BREACH OF WARRANTYDIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, TORT (INCLUDING NEGLIGENCE)AIR TRAFFIC CONTROL, PRODUCT LIABILITY OR OTHERWISEANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDYou agree that it is Your responsibility to ensure safe use of an Offering and CrowdStrike Tool in such applications and installations.

Appears in 1 contract

Samples: Crowdstrike Terms and Conditions

Disclaimer. USE OF THE INFORMATIONAPPLICATIONS IS NOT, CONTENT AND DOCUMENTS FROM IS NOT INTENDED TO BE, A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED PARTIES, INCLUDING DISPATCHERS, LAW ENFORCEMENT OFFICERS, INVESTIGATORS OR FIRST RESPONDERS. THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE DATA PROVIDED BY MARK43 THEREIN (INCLUDING ANY THIRD-PARTY DATA) SHOULD NOT REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED- UPON IN AN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO RESPONSIBILITY OR RISK FOR SUBSCRIBER’S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”APPLICATIONS. CUSTOMER ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARK43 MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE)PURPOSE WITH RESPECT TO THE APPLICATION. MARK43 DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR DAMAGED. THE INFORMATION LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND SERVICES MAY CONTAIN BUGSEXCLUSIVE WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE PROVISION OF THE SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, ERRORSINTERRUPTIONS, PROBLEMS SERVICE FAILURES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY INFORMATION HARM OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM ITS HOSTING PROVIDERS. MARK43 MAKES NO REPRESENTATIONS OR DOCUMENT IS DISCLAIMEDWARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD-PARTY DATA, THIRD-PARTY COMPONENT, INTEGRATED APPLICATION, OR ON BEHALF OF ANY INTEGRATED APPLICATION PROVIDER.

Appears in 1 contract

Samples: Software License and Services Agreement

Disclaimer. TO THE INFORMATIONMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONTENT BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND DOCUMENTS FROM OR THROUGH THE SITE ARE AGREE THAT EPC IS PROVIDED "AS-“AS IS," "” and “AS AVAILABLE," WITH “ALL FAULTS”NO WARRANTIES WHATSOEVER, AND ALL WARRANTIESINCLUDING, EXPRESS OR IMPLIEDWITHOUT LIMITATION, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USAC DOES NOT WARRANT EPC WILL BE ERROR-FREE, OR PROVIDED OR AVAILABLE WITHOUT INTERRUPTION OR WITH CONTINUOUS ACCESS, OR SECURE, OR THAT ERRORS OR DEFECTS CAN OR WILL BE FIXED, AND USAC ASSUMES NO LIABILITY WHATSOEVER FOR EPC, ITS CONTENTS OR YOUR USE OF EPC. THE FOREGOING DISCLAIMERS ALSO APPLY TO USAC’S SUPPLIERS AND LICENSORS OF PRODUCTS AND SERVICES. USAC has no obligation to provide updates, support and/or maintenance with respect to EPC. USAC makes no representations or warranties as to the accuracy or completeness of EPC, and you accept responsibility for, and acknowledge that you exercise your own independent judgment in, your use of EPC and any results obtained therefrom. ADDITIONALLY, THE SOFTWARE CONTAINS SOFTWARE LICENSED TO USAC FROM CERTAIN THIRD PARTY LICENSORS (“THIRD PARTY LICENSORS”). THE SOFTWARE IS LICENSED “AS IS” AND USAC AND THE THIRD PARTY LICENSORS MAKE NO WARRANTY TO YOU IN CONNECTION WITH THE SOFTWARE. USAC AND THE THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE). USAC AND THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES THIRD PARTY LICENSORS ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SOFTWARE, INCLUDING WIHTOUT LIMITATION, DIRECT, INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSINCIDENTAL, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH AND SPECIAL DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE THIRD PARTY LICENSORS ARE FUNDAMENTAL ELEMENTS INTENDED THIRD PARTY BENEFICIARIES OF THE BASIS PROVISIONS OF THIS AGREEMENT RELATING TO THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THIRD PARTY LICENSOR’S SOFTWARE INCORPORATED INTO THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDSOFTWARE.

Appears in 1 contract

Samples: Complete Terms of Service Agreement

Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SELLER HAS MADE NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS AND WARRANTIES RESPECTING THE PROPERTY INCLUDING COMPLIANCE WITH ENVIRONMENTAL LAWS AND THE ENVIRONMENTAL, HEALTH AND SAFETY CONDITIONS OF THE PROPERTY, AND BUYER SHALL ACCEPT THE PROPERTY IN ITS “AS IS” CONDITION (INCLUDING WITH RESPECT TO THE COMPLIANCE OR NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, AND THE ENVIRONMENTAL, HEALTH AND SAFETY CONDITIONS OF THE PREMISES), WITH ALL WARRANTIESFAULTS AND DEFECTS, LATENT OR OTHERWISE, AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED BY OPERATION OF LAW OF OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY CONCERNING TITLE TO THE PROPERTY, THE PHYSICAL CONDITION OF THE PROPERTY, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAWS AND REGULATIONS (INCLUDING BUT THE STATUS OF DEVELOPMENT OR USE RIGHTS RESPECTING THE PROPERTY) OR THE QUALITY, VALUE OR FINANCIAL CONDITION OF THE PROPERTY. IN ADDITION TO AND NOT LIMITED TO IN LIMITATION OF THE DISCLAIMER FOREGOING, IT IS UNDERSTOOD AND AGREED BY SELLER AND BUYER THAT SELLER MAKES NO WARRANTY OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND HABITABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR FITNESS FOR ANY PURPOSE WITH REGARD TO THE PROPERTY. BUYER ALSO ACKNOWLEDGES THAT THE INFORMATION PURCHASE PRICE REFLECTS AND SERVICES MAY CONTAIN BUGSTAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD “AS-IS” AND WITH ALL FAULTS AND DEFECTS AS ABOVE DESCRIBED. SELLER, ERRORSALL PREDECESSORS IN TITLE, PROBLEMS ALL PRIOR OCCUPANTS AND OPERATORS OF THE PROPERTY, AND EACH AND ALL OF THEIR RESPECTIVE AFFILIATES, MEMBERS, HEIRS, EXECUTORS, ADMINISTRATORS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, TRUSTEES, REPRESENTATIVES, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, PROPERTY MANAGERS, SUCCESSORS AND ASSIGNS, (COLLECTIVELY AND INDIVIDUALLY, INCLUSIVE OF SELLER, THE “RELEASEES”) ARE HEREBY RELEASED OF AND FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION REGARDING, AND BUYER WAIVES ANY CLAIM AND CAUSE OF ACTION AGAINST THE RELEASEES REGARDING, COVENANTS NOT TO XXX THE RELEASEES REGARDING, ASSUMES ALL LIABILITY AND RESPONSIBILITY REGARDING, AND SHALL INDEMNIFY, DEFEND AND HOLD THE RELEASESS HARMLESS REGARDING, THE CONDITION OF THE PROPERTY, INCLUDING THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND ITS ENVIRONS, REGARDLESS OF WHETHER THE CONDITION RESULTED FROM ON-SITE OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OFF-SITE ACTIVITIES OF ANY INFORMATION ONE OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR MORE OF THE RELEASEES OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONTHIRD PARTY, OR THE LIKE)CONDITION MIGRATED FROM OR ONTO THE PROPERTY, AND REGARDLESS OF WHETHER BASED ON BREACH THE CLAIM OR CAUSE OF CONTRACTACTION NOW EXISTS OR IS HEREAFTER CREATED UNDER COMMON LAW, BREACH OR NOW EXISTS OR IS HEREAFTER ENACTED PURSUANT TO FEDERAL, STATE, COUNTY OR MUNICIPAL LAW OR REGULATION, AND REGARDLESS OF WARRANTYWHETHER THE CONDITION CONSTITUTES A PATENT OR LATENT DEFECT, TORT INCLUDING CLAIMS AND CAUSES OF ACTION UNDER: (INCLUDING NEGLIGENCE)A) THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, PRODUCT COMPENSATION, AND LIABILITY ACT, THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT AND/OR OTHERWISEANALOGOUS STATE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION COUNTY AND/OR MUNICIPAL LAWS AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.REGULATIONS;

Appears in 1 contract

Samples: Escrow Agreement

Disclaimer. OTHER THAN THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, LIMITED WARRANTIES UNDER SECTION 11 MAXIMIZER PROVIDES NO OTHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED IMPLIED WARRANTIES WITH RESPECT TO THE DISCLAIMER OF LICENSED SOFTWARE, LICENSED SOFTWARE DOCUMENTATION, TECHNICAL SUPPORT, THIRD PARTY PRODUCT MAINTENANCE OR ANY OTHER MATTERS RELATED TO THIS AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, MAXIMIZER DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. MAXIMIZER DOES NOT GUARANTEE THAT THE INFORMATION AND SERVICES MAY CONTAIN BUGSLICENSED SOFTWARE, THE TECHNICAL SUPPORT OR THE THIRD PARTY PRODUCT MAINTENANCE PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, PERFORM ERROR- FREE OR UNINTERRUPTED, THAT MAXIMIZER WILL CORRECT ALL LICENSED SOFTWARE ERRORS, PROBLEMS INCLUDING WITHOUT LIMITATION NON CONFORMITY WITH THE LIMITED WARRANTY, OR THAT MAXIMIZER, VINEYARDSOFT CORPORATION, OR MICROSOFT CORPORATION WILL CORRECT ALL ERRORS, WHETHER DIAGNOSED AS SUCH OR NOT. MAXIMIZER SUPPLIES THE LICENSED SOFTWARE, THE TECHNICAL SUPPORT AND THE THIRD PARTY PRODUCT MAINTENANCE “AS IS” AND TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY IS EXCLUSIVE AND TAKES THE PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, CUSTOM, USAGE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND ACCURACY. NONE OF MAXIMIZER, VINEYARDSOFT CORPORATION, MICROSOFT CORPORATION OR ANY OTHER THIRD PARTY LICENSORS OF ANY THIRD PARTY SOFTWARE WARRANT THAT THE LICENSED SOFTWARE, WORKFLOW AUTOMATION SERVER, MICROSOFT SQL SERVER OR OTHER LIMITATIONS. WE THIRD PARTY SOFTWARE WILL INTEGRATE ERROR- FREE WITH ALL AVAILABLE APPLICATIONS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICEOPERATING SYSTEMS, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A INCLUDING WITHOUT LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND THOSE UTILIZED BY YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: License Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS LIMITED WARRANTY PROVIDED IN SECTION 18, CONTENT AND DOCUMENTS FROM OR THROUGH TO THE SITE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE)PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b)HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA'S REASONABLE CONTROL; OR (b) RESULTING FROM ANY INDIRECT, SPECIAL, INCIDENTAL ACTION OR CONSEQUENTIAL DAMAGES INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (INCLUDING DAMAGES FOR LOSS c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER SERVICES BASED ON BREACH THE FLOW OF CONTRACTDATA TO OR FROM NWEA'S NETWORK OR OVER THE INTERNET, BREACH WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF WARRANTYINTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ACTIONS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY INACTIONS OF SUCH DAMAGESTHIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER'S CONNECTIONS TO THE INTERNET. THE NEGATION ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOUAVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. THIS SITE AND THE PRODUCTSACCORDINGLY, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDEVENTS.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. THE INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIESETOP MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION SERVICES AND MATERIALS ARE PROVIDED BY ETOP ON AN “AS-IS” BASIS. ETOP DOES NOT REPRESENT, WARRANT, AND/OR COVENANT THAT THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR(INCLUDING, BUT NOT AS A LIMITATION THEREOFLIMITED TO, WE ANY REPORTS, ADVICE AND OUR AFFILIATED PARTIES RECOMMENDATIONS, IN ANY FORM) PROVIDED BY ETOP IN CONNECTION WITH THIS AGREEMENT AND/OR SOW, ARE OR WILL NECESSARILY ALWAYS BE COMPLETELY ACCURATE, CURRENT, COMPLETE AND/OR CONTINUOUSLY AVAILABLE. ETOP DOES NOT LIABLE REPRESENT, WARRANT, OR COVENANT THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL DEFECTS (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND ADVERSELY AFFECT FUNCTIONALITY) WILL BE CORRECTED. ETOP IS NOT RESPONSIBLE FOR ANY INDIRECTDELAYS, SPECIAL, INCIDENTAL DELIVERY FAILURES AND/OR CONSEQUENTIAL DAMAGES OTHER LOSS AND/OR DAMAGE RESULTING FROM (INCLUDING DAMAGES FOR LOSS A) TRANSFER OF BUSINESS, LOSS OF PROFITS, LITIGATION, DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR (B) INABILITY TO ACCESS AND/OR GET ACCURATE DATA FROM THIRD-PARTY SYSTEMS AND/OR APPLICATIONS THAT THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE SERVICES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDDEPENDENT ON.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer. THE INFORMATION, CONTENT SOFTWARE AND DOCUMENTS FROM OR THROUGH THE SITE DOCUMENTATION ARE PROVIDED "AS-ON AN “AS IS," "” AND “AS AVAILABLE," ” BASIS WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE SOFTWARE AND THE DOCUMENTATION IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XXXXXXXXX.XXX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL FAULTS”, AND ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED WITH RESPECT TO THE DISCLAIMER OF ANY IMPLIED SOFTWARE AND THE DOCUMENTATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NEITHER XXXXXXXXX.XXX NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION AND SERVICES CONTAINED IN THE SOFTWARE OR THE DOCUMENTATION WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONHAVE, OR THAT THE LIKE)SOFTWARE OR DOCUMENTATION WILL OPERATE ERROR FREE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THAT THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE SOFTWARE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE DOCUMENTATION IS COMPATIBLE WITH ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDPARTICULAR OPERATING SYSTEM.

Appears in 1 contract

Samples: SDK License Agreement

Disclaimer. EXCEPT FOR THE INFORMATIONEXPRESS WARRANTIES OUTLINED IN THIS SECTION 11, THE SERVICES, SUPPORT, DOCUMENTATION, AND ANY OTHER SERVICES, DATA, AND CONTENT (INCLUSIVE OF THIRD-PARTY SERVICES AND DOCUMENTS FROM ANY AND ALL THIRD-PARTY ITEMS, PRODUCTS, DEVICES, AND/ OR THROUGH THE SITE MATERIALS) ARE PROVIDED "ON AN AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”IS BASIS. CUSTOMER’S USE OF THE SOFTWARE AND PURCHASE OF THE SERVICES ARE AT THEIR OWN RISK. MEMR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY MEMR ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE INFORMATION SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SERVICES MAY CONTAIN BUGSOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, ERRORSSUCH AS DELAYS CAUSED BY THIRD-PARTY NETWORK PROVIDERS, PROBLEMS THAT ARE OUTSIDE MEMR’S CONTROL. MEMR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER LIMITATIONSDAMAGES RESULTING FROM SUCH PROBLEMS. WE THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17(b). IN PARTICULARHEREIN, BUT MEMR DOES NOT AS A LIMITATION THEREOFGUARANTEE CONTINUOUS, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECTERROR-FREE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATIONVIRUS-FREE, OR SECURE OPERATION AND ACCESS TO THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMEDSOFTWARE.

Appears in 1 contract

Samples: General Terms

Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 6, TO THE INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”SUBSCRIPTION SERVICES, THE SERVICE DOCUMENTATION, AND ALL SERVICES PERFORMED BY ELASTIO ARE PROVIDED “AS IS” AND ELASTIO AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ELASTIO SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE SUBSCRIPTION SERVICES’ ABILITY TO ELIMINATE ANY SPECIFIC MALWARE THREATS OR THE COMPLETENESS OF THE DATABASE OR PROTECTION MODULES. ELASTIO, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES, INCLUDING THE SUBSCRIPTION SERVICES OR ANY OTHER SERVICES PROVIDED BY ELASTIO WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE INFORMATION PARTIES ACKNOWLEDGE AND SERVICES AGREE THAT ELASTIO IS NOT OBLIGATED TO OBTAIN ANY REGULATORY APPROVALS THAT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR BE NECESSARY UNDER THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Appears in 1 contract

Samples: Elastio Subscription Agreement

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