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Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 5 contracts

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

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicLicensor , its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Licensor Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and ServicesSoftware, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Epic Licensor knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Licensor Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), Licensor Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or Agreement, the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or ServicesSoftware, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic a Licensor Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Licensor Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Epic Licensor for the particular Software (including any Game Currency or Content) to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liabilityliability or (B) Five Hundred Dollars (USD $500). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.

Appears in 3 contracts

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

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Epic Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not an Epic Party knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Epic Parties”), Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesAgreement, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software (including any Game Currency or Content) Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the Developer’s warranties and a limitation of the Developer’s liability. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

Appears in 3 contracts

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

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensorsaffiliates, and its and their affiliates licensors and service providers (collectively, the “Epic Parties”) disclaim all warrantiesrepresentations, conditions, common law duties, warranties and representations conditions (express, whether express or implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupteduninterrupted or free of bugs, bug freeerrors, or error free in any or all circumstancesmalware (such as viruses), or (43) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Epic Parties”), Parties shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesAgreement, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software (including any Game Currency or Content) Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software or Service licensed to you under this Agreement (whether Epic, its affiliate, or a third party) unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the developer’s warranties or limitation of the developer’s liability.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Disclaimers and Limitation of Liability. Nothing 4.1 You acknowledge that the services provided on the App or the User Provided Content may or may not meet your expectations. The Company does not assure or guarantee the Artists or the Recruiters that they would necessarily secure an opportunity, audition and/or placement or that the Recruiters will necessarily connect with Artists as per its requirements. 4.2 The Company shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the App, in this Agreement will prejudice any manner whatsoever. 4.3 The Company shall endeavour to provide accurate and hassle free information to the statutory rights that you may have as a consumer Users of the Software or Services. Some countriesApp in an uninterrupted and secured manner, statesbut the accuracy, provinces reliability and security of the services, any descriptions, qualifications, abilities, performance or other jurisdictions do attributes provided by any Artist and the User Provided Content cannot allow be guaranteed and the exclusion you acknowledge that User Provided Content and other data/information on the App could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time. 4.4 The User agrees and understands that the Company shall not be held responsible, liable for the disruption of certain warranties services or non-performance of this User Agreement or the limitation costs and consequences arising from disruption of liability services or the non-performance of this User Agreement, owing to a force majeure event such as stated in this sectionnational emergency, so war, riots, insurrections, acts of terrorism/ public enemies, civil disturbances, prohibitive governmental regulations or the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty orders of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, judicial / legislative authority, non-infringementstrikes, merchantabilitylockouts or other industrial disturbances, fitness fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or suitability for any purpose (whether other acts of God, hardware or not Epic knows software crashing or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the tradefailures, or by course of dealing. Without limiting any other cause beyond the generality reasonable control of the foregoing, Epic, its licensors, and its and their affiliates make no warranty Company that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation renders performance of the Software or Services will this User Agreement impossible. 4.5 The Company shall not be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way responsible for any loss of profits data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of service. 4.6 The Company shall not be responsible or liable for any loss or deficiency of any services availed through the App. The Users shall use the App at their own risk. 4.7 You acknowledge that the Company may as part of the features or services offered through the App, display advertisements, promotions, offers, enrolments, provide links to third party websites, a third party application and/or provide third party content from a third party content provider with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain when the User engages with third parties through such advertisements, promotions, offers, enrolments. However, any such engagement with such third parties is at your sole risk as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any indirect, incidental, consequential, special, punitive, other aspect of such third party websites. The Company shall also not be responsible or exemplary damages, liable in any manner for any losses suffered or costs incurred by the User arising out of or in connection relation to any such engagement with this Agreement third parties or the Software (including third party websites or any Game Currency or Content) or Services, or the delay or inability transaction that you may enter into pursuant to use or lack of functionality of the Software App. You agree and acknowledge that the Company is neither responsible for, nor liable for, any such third party sites, third party applications or Servicesthird party content. You accept all risk in clicking any such links provided through the App. You further agree that such third party contents are governed by independent terms and conditions of each such third party content provider. You also agree and undertake to read, even in understand and accept such third party terms and conditions before viewing their contents through the event of an Epic Party’s faultApp. 4.8 The Company makes no representations, tort (including negligence)warrantees, strict liability, indemnity, product liability, breach of contract, breach of warranty, guarantees or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, any endorsements as to the maximum extent permitted quality, suitability, functionality or legality of any products, services or other offerings that may be advertised or made available by applicable lawa third party through the service or which may be linked to the service. Accordingly, the aggregate liability of the Epic Parties arising out of Company will not be a party to or in connection any way be responsible for any transaction that may occur between You and such third parties and You should always use prudent judgment in your association with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensationthird parties.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicBase Commerce, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic Base Commerce knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, EpicBase Commerce, its licensors, and its and their affiliates make no warranty that (1) that the Software or Services Service will continuously operate properly, properly and without interruption (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, bug-free or error error-free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. EpicBase Commerce, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicBase Commerce, nor its licensors, nor its or their affiliates, nor any of EpicBase Commerce’s service providers (collectively, the “Epic Base Commerce Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic a Base Commerce Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic a Base Commerce Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Base Commerce Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Base Commerce for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.twelve

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-non- infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicOval15, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic Oval15 knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, EpicOval15, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected, or (5) that registration on the Platform will result in your employment with a club or the successful obtainment of a Visa. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. EpicOval15, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicOval15, nor its licensors, nor its or their affiliates, nor any of EpicOval15’s service providers (collectively, the “Epic Oval15 Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Oval15 Party’s fault, tort delict (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Oval15 Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Oval15 Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Oval15 for the Software (including any Game Currency or Content) Services during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer user of the Software or ServicesiKeyless Application. Some countries, states, provinces provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. EpiciKeyless, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesiKeyless Application, including including, without limitation limitation, all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic iKeyless knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, EpiciKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software or Services iKeyless Application will operate properly, (2) that the Software or Services iKeyless Application will meet your requirements, (3) that the operation of the Software or Services iKeyless Application will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute statute, is expressly disclaimed. EpiciKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or ServicesiKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpiciKeyless, nor its licensors, nor its or their affiliates, nor any of EpiciKeyless’s service providers (collectively, the “Epic iKeyless Parties”), ) shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesiKeyless Application, or the delay or of, inability to use use, or lack of functionality of the Software or ServicesiKeyless Application, even in the event of an Epic iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise otherwise, and even if an Epic iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic iKeyless Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services iKeyless Application will not exceed the total amounts you have paid (if any) to Epic iKeyless for the Software (including any Game Currency or Content) iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. EpicOval15, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic Oval15 knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, EpicOval15, its licensors, and its and their affiliates make no warranty that that: (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected, or (5) that registration on the Platform will result in your employment with a club or the successful obtainment of a Visa. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. EpicOval15, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpicOval15, nor its licensors, nor its or their affiliates, nor any of EpicOval15’s service providers (collectively, the “Epic Oval15 Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Oval15 Party’s fault, tort delict (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Oval15 Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Oval15 Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic Oval15 for the Software (including any Game Currency or Content) Services during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer user of the Software or ServicesiKeyless Application. Some countries, states, provinces provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. EpiciKeyless, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesiKeyless Application, including including, without limitation limitation, all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic iKeyless knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, EpiciKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software or Services iKeyless Application will operate properly, (2) that the Software or Services iKeyless Application will meet your requirements, (3) that the operation of the Software or Services iKeyless Application will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute statute, is expressly disclaimed. EpiciKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or ServicesiKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither EpiciKeyless, nor its licensors, nor its or their affiliates, nor any of EpiciKeyless’s service providers (collectively, the “Epic iKeyless Parties”), ) shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesiKeyless Application, or the delay or of, inability to use use, or lack of functionality of the Software or ServicesiKeyless Application, even in the event of an Epic iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise otherwise, and even if an Epic iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic iKeyless Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services iKeyless Application will not exceed the total amounts you have paid (if any) to Epic iKeyless for the Software (including any Game Currency or Content) iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.twelve

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countriesThe Licensed Materials, statesCloud Service, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software (including any Game Currency and Content) and Services is Mods are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and ServicesLicensed Materials, Cloud Service, or Mods, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates make no warranty that (1) the Software Licensed Materials, Cloud Service, or Services Mods will operate properly, (2) that the Software Licensed Materials, Cloud Service, or Services Mods will meet your requirements, (3) that the operation of the Software Licensed Materials, Cloud Service, or Services Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software Licensed Materials, Cloud Service, or Services Mods can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software Licensed Materials, Cloud Service, or ServicesMods. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s 's service providers (collectively, the "Epic Parties"), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, damages arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or ServicesLicensed Materials, Cloud Service, or the delay or inability to use or lack of functionality of the Software or ServicesMods, even in the event of an Epic Party’s 's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency Licensed Materials, Cloud Service, or Content) or Services Mods will not exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency or Content) under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.

Appears in 1 contract

Samples: End User License Agreement