Disclaimers and Limitations on Liability. THE WARRANTIES IN SECTION ---------------------------------------- 8.1 ARE THE SOLE AND EXCLUSIVE WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT ARE MADE BY OPEN MARKET IN CONNECTION WITH THE SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION, OPEN MARKET SERVICES OR OTHERWISE UNDER THIS AGREEMENT, AND OPEN MARKET DISCLAIMS ALL STATUTORY AND OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. OPEN MARKET DOES NOT WARRANT THAT USE OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN OR OTHER STATEMENTS MADE BY OPEN MARKET, DISTRIBUTOR, ITS SUBDISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES IN THIS AGREEMENT. NEITHER OPEN MARKET NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HAVE ANY LIABILITY TO DISTRIBUTOR, SUBDISTRIBUTOR, ANY CUSTOMER OR OTHER THIRD PARTY UNDER OR RELATING TO THIS AGREEMENT, SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION OR SERVICES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES.
Disclaimers and Limitations on Liability. 28.1 The Broker acknowledges and agrees that, other than as expressly provided for in this Agreement and to the extent permitted by law:
(a) no warranty, condition, description or representation is given by Landgate in relation to any documentation, services and/or software provided in conjunction with this Agreement;
(b) all representations, warranties, terms and conditions whether express or implied by use, statute or otherwise, in relation to the state, quality or fitness for purpose of any documentation, services and/or software provided in conjunction with this Agreement are excluded; and
(c) except as provided in clauses 28.2 and 28.3, Landgate will not be liable to the Broker, its Sub-Brokers, End Users, Consultants, agents or third parties for any loss or damage (including loss of profits, business, revenue or data) arising from or in connection with this Agreement, whether in contract, tort, negligence or otherwise, or in relation to:
(i) the performance of the Web Service and Landgate Software;
(ii) any variation to all or part of the Web Service, Landgate Software or the information content and format of the Location Information Product;
(iii) any inaccuracy, omission, defect or error in the Broker’s System or the Broker failing to comply with the IT System Requirements;
(iv) any claim for infringement of Intellectual Property Rights based on the modification, combination, operation or use of the Location Information Products with any computer programs, systems or data not furnished by Landgate; and
(v) the Broker’s Output.
28.2 Pursuant to section 64A of the Australian Consumer Law, this clause 28.2 applies in respect of any of the goods or services supplied under this Agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by law, Landgate’s liability for failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law, other than a guarantee under section 51, 52 or 53 of the Australian Consumer Law, is hereby limited to:
Disclaimers and Limitations on Liability. Chameleon Global LLC reserves the right to modify the Site. You are responsible for providing your own access to the Site and valid and accurate information once we have granted an initial access. Chameleon Global LLC provides the Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. Chameleon Global LLC expressly disclaims any and all representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, Chameleon Global LLC shall not be liable, with respect to any claim arising out of or relating to the Site or this Agreement, for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) an amount exceeding USD $100. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Disclaimers and Limitations on Liability. While our Products and Services have been proven helpful to individuals and companies, there are no guarantees that our Products and Services will protect you from any internal or external threats and/or cyber security issues, incidents, or breaches. Your security varies greatly and is a result of careful internal security policies and employee education. We encourage you to use the same precautions for computer and network security as you would use to protect any other highly confidential information.
Disclaimers and Limitations on Liability. WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Disclaimers and Limitations on Liability. THE SOFTWARE IS PROVIDED FREE OF CHARGE ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN, UNLESS OTHERWISE STATED IN CLAUSE 10.6. OF THIS XXXX. PLEASE BE AWARE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. The Licensor does not warrant that
(a) the Software will meet your specific requirements;
(b) the Software is fully compatible with any particular platform;
(c) your use of the Software will be uninterrupted, timely, secure, or error-free;
(d) the results that may be obtained from the use of the Software will be accurate or reliable;
(e) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or
(f) any errors in the Software will be corrected. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example:
(a) the use or the inability to use the Software;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third-party on the Software;
(e) or any other matter relating to the Software. The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. The Licensor shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software. The Licensor disclaims all warranties about the Software to the fullest extent permitted by law. Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this XXXX, ...
Disclaimers and Limitations on Liability. All warranties under this Agreement are limited to those stated in Paragraphs 5 and 7, which are the sole and exclusive warranties of any kind, express or implied, that are made by the parties in connection with the SERENIGY products or otherwise under this Agreement. The parties specifically disclaim all statutory or other warranties, including, but not limited to, implied warranties of merchantability, title or fitness for a particular purpose or any implied warranties arising from usage of trade, course of dealing or course of performance. Neither party shall have any liability to the other party or any third parties for any indirect, consequential, incidental, or exemplary damages under or relating to this Agreement or relating to the use of the SERENIGY products.
Disclaimers and Limitations on Liability. We provide the App and services to you on an "as is" and "as available" basis. We cannot warrant that the Services or their content will be error-free, and make no representations that the Services are technically accurate or that their functionality or content is accurate, error- free or up-to-date. We shall not be liable to you or any third party for any direct, indirect, special, consequential or punitive damages suffered by you or any third party in connection with your use of the Services, any third-party computer software provided with the Services, sale or purchase of any merchandise or the merchandise, your access or inability to access the App or our Services, including viruses allegedly obtained from the Services, your use of or reliance on the App or our Services, information or materials made available on the App, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. In no event shall our total liability exceed the total amount paid by you for the Services. Links We may link from our Services to third-party websites or services. You understand that we make no commitment to, and do not endorse, any content, goods or services offered by such third parties. We are also not liable to you for any loss or damage caused by such third parties. Any costs you incur with these third parties are your responsibility. Privacy Policy We value your privacy and work hard to maintain it. For more information, we recommend that you review our Privacy Policy. Updates We may update these Terms from time to time. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms unacceptable, you must immediately cease use of the App and all of our Services. When you use the App and our services, you agree to accept updated Terms.
Disclaimers and Limitations on Liability. 8.1 To the extent permitted by law, we exclude all liability to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential, including loss of profits, loss of bargain and loss of data) in relation to:
(a) the Website and the Content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability);
(b) any third-party content displayed on the Website (including without limitation any errors or misstatements) or any third-party site linked to from the Website; or
(c) the Website being unavailable (in whole or in part).
8.2 While we do not warrant that the Website will always be accessible, uninterrupted, timely, secure, error- or fault-free or free from computer virus or other invasive or damaging code, we will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them.
8.3 We reserve the right to make corrections and changes to the Website, and to change, remove or in any other way adapt the Content, at any time and without prior notice (including to block access to and/or to edit or remove any Content which in our reasonable opinion may give rise to a breach of these Terms or allow for repairs, maintenance or the introduction of new functionality or Content on the Website).
8.4 We may provide links to other websites from our Website. If we do this, those links are provided for your convenience only, we make no endorsements, representations, or warranties about such websites and you use the link at your own risk. We do not monitor or investigate such websites and expressly disclaim responsibility or liability in relation to the accuracy and/or content of any such websites, their privacy practices and terms of use, or any links contained on such websites, or any changes or updates to such websites.
Disclaimers and Limitations on Liability. 4.1 This Software is provided on an “as is” basis, and without warranty of any kind whether express or implied. Your use of the Software is at your sole risk. We do not warrant under this Licence that:
4.1.1 the Software will meet your specific requirements;
4.1.2 the Software is fully compatible with any particular platform;
4.1.3 your use of the Software will be uninterrupted, error free, timely or secure;
4.1.4 the results that may be obtained from the use of the Software will be accurate or reliable;
4.1.5 the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or
4.1.6 defects in the Software will be corrected.
4.2 Payara and its affiliates shall not be liable for any indirect, special, incidental, consequential, or exemplary damages or for damages for loss of profits, goodwill, use, data or other intangible losses (whether in each case direct or indirect, and even where Xxxxxx has been advised of the possibility of such damages) related to the Software or this Licence including, for example:
4.2.1 the use or the inability to use the Software;
4.2.2 the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received through the Software;
4.2.3 unauthorised access to or alteration of your transmissions or data;
4.2.4 statements or conduct of any third-party on the Software; or
4.2.5 any other matter relating to the Software.
4.3 Payara reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Payara shall not be liable to you or to any third- party for any modification, price change, suspension or discontinuance of the Software.
