Common use of Disclaimers and Limitation of Liabilities Clause in Contracts

Disclaimers and Limitation of Liabilities. ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS PROVIDED AND/OR MADE AVAILABLE BY CMU PURSUANT TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO USE OF ANTON) ARE PROVIDED AND/OR MADE AVAILABLE ON AN "AS IS" BASIS. NEITHER CMU (INCLUDING ITS INTERNAL UNITS PSC AND NSRBC), DESRES, OTHERS INVOLVED WITH THE NIH AWARD AND/OR XXXXX XXX (INCLUDING BUT NOT LIMITED TO THE NATIONAL RESEARCH COUNCIL, BOARD OF LIFE SCIENCES AT THE NATIONAL ACADEMIES OF SCIENCE IN WASHINGTON, D.C.) NOR THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ANTON PARTIES”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE ANTON PARTIES MAKES ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT. USERS AND THEIR RESPECTIVE INSTITUTIONS ARE PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF ANY ANTON PARTIES RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY RIGHTS PROVIDED AND/OR MADE AVAILABLE TO USERS PURSUANT TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO THE ANTON). TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, NONE OF THE ANTON PARTIES SHALL BE RESPONSIBLE OR LIABLE, ON A CONTINGENT BASIS OR OTHERWISE, FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF THE ANTON PARTIES OR FOR ANY REASON WHATSOEVER (INCLUDING ANY BREACH OF THIS AGREEMENT), TO USERS, THEIR INSTITUTIONS OR ANY THIRD PARTY, AND THE ANTON PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, IN EACH CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR IN CONNECTION WITH THEIR USE OF XXXXX, EVEN IF THE ANTON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAVE OR GAIN KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers and Limitation of Liabilities. ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS PROVIDED AND/OR MADE AVAILABLE BY CMU PURSUANT TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO USE OF ANTON) ARE PROVIDED AND/OR MADE AVAILABLE ON AN "AS IS" BASIS. NEITHER CMU (INCLUDING ITS INTERNAL UNITS PSC AND NSRBC), DESRES, OTHERS INVOLVED WITH THE NIH AWARD AND/OR XXXXX XXX ANTON USE (INCLUDING BUT NOT LIMITED TO THE NATIONAL RESEARCH COUNCIL, BOARD OF LIFE SCIENCES AT THE NATIONAL ACADEMIES OF SCIENCE IN WASHINGTON, D.C.) NOR THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ANTON PARTIES”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE ANTON PARTIES MAKES ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT. USERS AND THEIR RESPECTIVE INSTITUTIONS ARE PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF ANY ANTON PARTIES RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY RIGHTS PROVIDED AND/OR MADE AVAILABLE TO USERS PURSUANT TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO THE ANTON). TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, NONE OF THE ANTON PARTIES SHALL BE RESPONSIBLE OR LIABLE, ON A CONTINGENT BASIS OR OTHERWISE, FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF THE ANTON PARTIES OR FOR ANY REASON WHATSOEVER (INCLUDING ANY BREACH OF THIS AGREEMENT), TO USERS, THEIR INSTITUTIONS OR ANY THIRD PARTY, AND THE ANTON PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, IN EACH CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR IN CONNECTION WITH THEIR USE OF XXXXXANTON, EVEN IF THE ANTON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAVE OR GAIN KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.