Disclaimers and Liability Limitations Sample Clauses

Disclaimers and Liability Limitations. Both PARTIES agree that:
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Disclaimers and Liability Limitations. (i) Except as explicitly stated in this Agreement, all warranties including warranties of merchantability and fitness for any particular purpose are excluded.
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Disclaimers and Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, INCLUDING THE PRODUCT KITS AND THE SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCLUDING SUCH LIABILITIES WHICH MAY ARISE AS A RESULT OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF A PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 BY CUSTOMER IN THE PRIOR YEAR, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER, UNLESS A PARTY HAS ACTED WITH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY AMOUNT ABOVE SHALL NOT APPLY WITH RESPECT TO AMOUNTS TO BE PAID TO ROW 44 FOR ORDERS FOR PRODUCT KITS AND SPARE PARTS PLACED BY CUSTOMER.
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Disclaimers and Liability Limitations. You acknowledge and agree that the third party content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the U.S. copyright laws, or comparable foreign laws. You hereby agree and declare that any and all third party content accessed using your IoT Solution or IoT Services will not be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. The Parties reserve the right to terminate without notice the accounts of users of any IoT Services who infringe the copyrights of others. Content provided to or delivered to your IoT Solution from third party service providers, cell phones, email, or other providers is made available to you through the IoT Services for the benefit of your usage while subscribing to the services available as part of the IoT Solution. The Parties take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is either Party liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Parties are not responsible for any incorrect or inaccurate content posted on or made available through the IoT Services by anyone else, whether caused by you, a third party, or by any of the equipment or programming associated with or utilized in the IoT Services. Neither Party is responsible for the conduct, whether online or offline, of any user of the IoT Services. Neither Party assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any IoT Services. Neither Party is responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including, without limitation, any injury or damage to visitors or to any person's computer related to or resulting from participation or downloading ...
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Disclaimers and Liability Limitations. Brunswick is providing the Services for use only as instructed. Brunswick disclaims warranties and representations, either express or implied, if You do not use the Services in accordance with the applicable specifications and instructions. Brunswick and its officers, directors, shareholders, employees, and agents are not liable for any direct, indirect, incidental, or consequential damages or loss (including loss of profit) arising from, or in connection with use of the Services. In any event, Your sole remedy is limited to correcting errors or malfunctions that occur in connection with Your use of the Services. This Agreement will be governed by and construed in accordance with Michigan law, without giving effect to any other choice or conflict of law provision.
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Disclaimers and Liability Limitations. A. Limited Warranty and Disclaimer: Licensor warrants that the Rosetta Stone Product will perform substantially in accordance with the descriptions and specifications in the documentation accompanying such product for a period of ninety (90) days after purchase of the Rosetta Stone Product under normal use. Notwithstanding anything to the contrary, Licensor expressly exempts itself from all and any responsibility for any failure, defect and/or malfunction resulted from the unduly of the Rosetta Stone Products, association of the Software with third party Software and/or defects in third party software, and does not assume any obligation relating to any third party software. B.
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Disclaimers and Liability Limitations. A. LIMITED WARRANTY.
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Disclaimers and Liability Limitations. EACH CUSTOMER ACKNOWLEDGES THAT THEY ARE USING ROUTESMART FOR ARCGIS PRO AT THEIR OWN RISK. ROUTESMART AND THIRD-PARTY DATA PROVIDERS DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESSED OR IMPLIED IN THE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY GUARANTEE OF ACCURACY, TITLE, MERCHANTABILITY, RELIABILITY, FITNESS OF PURPOSE, OR ANY OTHER WARRANTY, EITHER ORAL OR WRITTEN. ROUTESMART DOES NOT SUPPLY AND WARRANT FOR THE ACCURACY WITH REGARD TO THE CORRECTNESS, COMPLETENESS OR EVEN USEFULNESS OF THE INFORMATION CONTAINED IN ROUTESMART FOR ARCGIS PRO OR THE DATA UPON WHICH SUCH INFORMATION IS BASED. FURTHER, ROUTESMART DOES NOT WARRANT UNINTERRUPTED USE OF ROUTESMART FOR ARCGIS PRO, NOR DO ANY OF ROUTESMART'S THIRD-PARTY PROVIDERS, AFFILIATES, OR PARTNERS. THE CUSTOMER IS SOLELY RESPONSIBLE FOR BACKING UP THEIR DATA, MAINTAINING THEIR ITINERARIES, AND IN GENERAL FOR THE ACCURACY OF INFORMATION PROVIDED TO THEM VIA ROUTESMART AND ITS AFFILIATES.
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Disclaimers and Liability Limitations 
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Related to Disclaimers and Liability Limitations

  • Disclaimer Limitation of Liability IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA- CONTRACTUAL DAMAGES OF ANY KIND; OR (B) ANY LOSS OF DATA OR BUSINESS, DIMINUTION IN VALUE, LOSS OF PROFITS OR REVENUE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO $50.00 USD. THE LIMITATIONS IN THIS SECTION 5 (DISCLAIMER; LIMITATION OF LIABILITY) WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON- COMPANY SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND US AGAINST ANY CLAIM AND INDEMNIFY US FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON- COMPANY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE EVALUATION ENVIRONMENT.

  • 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.

  • Liability Limitation CHANNELADVISOR IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE CHANNELADVISOR PLATFORM, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL SELECTION OF PARTIES WITH WHOM CUSTOMER DOES BUSINESS, AND FOR TERMS AND CONDITIONS OF CUSTOMER’S AGREEMENTS WITH THOSE PARTIES AND WITH NETWORK SITES AND FLEX FEED DESTINATIONS. CHANNELADVISOR HAS NO RESPONSIBILITY FOR THE QUALITY OR AVAILABILITY OF GOODS OR SERVICES PROVIDED BY CUSTOMER, ANY BUYER'S ABILITY TO PAY, ANY THIRD PARTY'S COMPLIANCE WITH THE TERMS OF A TRANSACTION, OR FOR ANY INJURY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE GOODS OR SERVICES OBTAINED BY A BUYER OR SOLD BY CUSTOMER THROUGH USE OF THE SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT OR ANY APPLICABLE SOW, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CHANNELADVISOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR APPLICABLE SOW WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM DURING THE TWELVE MONTH PERIOD IMMEDIATELY BEFORE THE DATE THE CLAIM AROSE. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF CERTAIN DAMAGES RELATED TO A PARTICULAR CAUSE OF ACTION, THEN THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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