Disclaimers and Exclusion of Liability Sample Clauses

Disclaimers and Exclusion of Liability. 5.1. Cartrack does not make any representations or warranties in respect of the Services. 5.2. The Client is not obliged to use the Services, in which event Cartrack will not be liable for any costs incurred by the Client using third parties. 5.3. Cartrack shall not be liable for any consequential loss of any kind and accepts no liability for loss of or damage to a Vehicle or any of its parts or accessories while it is unattended, or while it is in the care or under the control of any contractor or garage. Cartrack shall not be liable for any medical costs incurred, save for those expressly set out herein. 5.4. Cartrack cannot be held responsible for any delay or failure in providing Services whenever Cartrack or a Service Provider is directly or indirectly prevented or restricted from carrying out all or any of the Services by a cause beyond its control. 5.5. Cartrack shall not be liable in cases where the Unit has not classified an impact to be deemed an Accident or generated a Crash Detection Alert 5.6. Cartrack shall not be responsible for any mistakes, neglect, failure to respond or malpractice by Service Providers.
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Disclaimers and Exclusion of Liability. Be aware that the Software may make changes to your computer that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Software as infected. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the Software. The Software is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance. AVAST AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AVAST'S OR ITS DISTRIBUTORS’ OR AGENTS’ BREACH OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS” AND AVAST AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVAST OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF AVAST OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE AND ACCEPT THAT IN NO CASE SHALL AVAST’S OR ITS DISTRIBUTORS’ OR AGENTS’ LIABILITY FOR ANY DAMAGE EXCEED THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT OF THE ONE YEAR LICENSE FEE FOR AVAST’S COMMERCIAL PRODUCT CLOSEST TO YOUR FREE VERSION OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF AVAST AND ITS DISTRIBUTORS DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT PERMITTED BY APPLICABLE LAWS.
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Disclaimers and Exclusion of Liability. Be aware that the Software may make changes to your computer that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Software as infected. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the Software. The Software is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail- safe performance.
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Disclaimers and Exclusion of Liability. NOTWITHSTANDING SECTIONS 11(c) (“INDEMNIFICATION BY US”) AND 12 (“LIMITED WARRANTY”), THE FREE SERVICES AND THE SERVICES USED DURING A TRIAL PERIOD ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND DEVOLUTIONS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO YOUR USE OF SUCH SERVICES, AND YOU AGREE TO WAIVE (AND YOU ARE HEREBY DEEMED TO HAVE WAIVED) THE EXERCICE OF ANY RIGHT, CLAIM, RECOURSE OR REMEDY AGAINST DEVOLUTIONS IN CONNECTION WITH SUCH USE. WITHOUT LIMITING THE FOREGOING, DEVOLUTIONS DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE FREE SERVICES OR OF THE SERVICES DURING A FREE TRIAL PERIOD (A) WILL MEET YOUR REQUIREMENTS, AND (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, DEVOLUTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE FREE SERVICES OR OF SERVICES DURING A FREE TRIAL PERIOD, OR RESULTING FROM A BREACH BY YOU OF THIS AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 2(C) (“DISCLAIMERS AND EXCLUSION OF LIABILITY”) AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS SECTION SHALL CONTROL. [Table of Content]
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Disclaimers and Exclusion of Liability. The Software is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.
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Disclaimers and Exclusion of Liability. UOBKH shall not be responsible in any way whatsoever for the content, accuracy, timeliness or completeness of any information, data or other services provided through the CFD Trading Platform System.
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Disclaimers and Exclusion of Liability 
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Related to Disclaimers and Exclusion of Liability

  • Exclusion of liability All statements made in the Proclamation of Sale and Conditions of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee/Bank, the Solicitors and Auctioneers or either of them. No such statement may be relied upon as a statement or representation of fact. All bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements and neither the Assignee/Bank, the Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property.

  • Disclaimer of Liability NASA is not restricted in, or liable for, the use, disclosure, or reproduction of Data without a restrictive notice or for Data Partner gives, or is required to give, the U.S. Government without restriction.

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Disclaimer of Warranties; Limitation of Liability EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

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