Common use of Disclaimers of Warranties Clause in Contracts

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

Appears in 4 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWARETREND MICRO EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN TREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 3 contracts

Samples: Trend Micro SSL Subscriber Agreement, Trend Micro SSL Extended Validation (Ev) Terms of Service, Trend Micro SSL Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE a) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: LICENSED INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING OR THE SOFTWAREPROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. EXCEPT AS EXPRESSLY WARRANTED HEREIN, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALTISOURCE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR NON-INFRINGEMENTUSAGE OF TRADE. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ALTISOURCE DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, MEET ALL OF OCWEN’S REQUIREMENTS OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSSOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), OFFERINGSBE FREE FROM PROGRAMMING OR OTHER ERRORS, OR CONTENTWILL BE SAFE FROM VIRUSES, WORMS OR SECURITY BREACHES. ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ALTISOURCE’S BEHALF. b) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OCWEN HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO ALTISOURCE, INCLUDING WITH RESPECT TO THE OCWEN IP, THE ALTISOURCE IP, THE SERVICES IT WILL PROVIDE TO ALTISOURCE, OR THE PROSPECTS OF THE BUSINESS TO BE CONDUCTED BY ALTISOURCE. EXCEPT AS EXPRESSLY WARRANTED HEREIN, OCWEN EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE SERVICESIMPLIED WARRANTIES OF MERCHANTABILITY, IN TERMS FITNESS FOR A PARTICULAR PURPOSE, AND DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF THEIR CORRECTNESSDEALING OR USAGE OF TRADE. OCWEN DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL MEET ALL OF ALTISOURCE’S REQUIREMENTS OR THAT THE USE OF ANY SOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), ACCURACY, RELIABILITYBE FREE FROM PROGRAMMING OR OTHER ERRORS, OR OTHERWISEWILL BE SAFE FROM VIRUSES, WORMS OR SECURITY BREACHES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE OCWEN HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTIES ON OCWEN’S BEHALF.

Appears in 3 contracts

Samples: Intellectual Property Agreement (Ocwen Financial Corp), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.), Intellectual Property Agreement (Altisource Portfolio Solutions S.A.)

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 3 contracts

Samples: Geotrust Code Signing Certificate Subscriber Agreement, Geotrust Code Signing Certificate Subscriber Agreement, Geotrust Code Signing Certificate Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE A. NASDAQ WILL ENDEAVOR TO OFFER THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF WARRANTIESA FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR ANY REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICESNASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, INCLUDING SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE SOFTWARESERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. IN THE EVENT THAT THE SERVICE IS NOT AVAILABLE, PRODUCTSIS DELAYED, OFFERINGSIS INTERRUPTED, CONTENT IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND MATERIALS WITHIN EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICES, ARE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE‐NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE. B. SUBSCRIBER ACKNOWLEDGES THAT NASDAQ MAY PROVIDE SUBSCRIBER ACCESS TO CERTAIN THIRD PARTY SOFTWARE TO ASSIST SUBSCRIBER IN RECEIVING THE SERVICES OR ANY DATA. SUCH THIRD PARTY SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SUBSCRIBER AGREES THAT NASDAQ SHALL NOT BE LIABLE FOR ANY ERRORS OR DEFECTS IN ANY THIRD PARTY SOFTWARE (INCLUDING INFRINGEMENT BY THE SOFTWARE OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS). SUBSCRIBER’S SOLE AND WITHOUT EXCLUSIVE REMEDY AGAINST NASDAQ FOR ANY ERRORS OR DEFECTS IN ANY THIRD PARTY SOFTWARE (INCLUDING ANY INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS) SHALL BE TO CEASE USING SUCH SOFTWARE AND/OR RETURN THE SOFTWARE TO NASDAQ. C. EXCEPT AS EXPRESSLY SET FORTH ABOVE, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NASDAQ MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, SOFTWARE, OR OTHER INFORMATION PROVIDED IN CONNECTION THEREWITH AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT SUBSCRIBER’S SOLE RISK. NASDAQ EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS DETAILED ABOVE, NEITHER NASDAQ NOR ITS DIRECTORS, MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO SUBSCRIBER FOR, (I) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, OR CONTINUED AVAILABILITY OF THE SERVICES, (II) ERRORS, DEFECTS, DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE SERVICES, (III) THE CREDITWORTHINESS OF ANY OTHER SUBSCRIBER, OR (IV) THE ACTS OR OMISSIONS OF ANY USERS AUTHORIZED BY SUBSCRIBER TO USE THE SERVICES ON BEHALF OF SUBSCRIBER. NASDAQ WILL HAVE NO DUTY OR OBLIGATION TO VERIFY THE ACCURACY OR CORRECTNESS OF ANY INFORMATION MADE AVAILABLE THROUGH OR ON THE SERVICES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE SERVICES OR NASDAQ INFORMATION DOES NOT AND SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY DECISIONS MADE BY SUBSCRIBER AND THAT NASDAQ IS NOT A FIDUCIARY OF SUBSCRIBER. D. NASDAQ ACKNOWLEDGES THAT SUBSCRIBER’S DATA IS PROVIDED “AS IS” WITH NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, STATUTORY (INCLUDING, WITHOUT LIMITATION, THE SERVICESTIMELINESS, IN TERMS OF THEIR CORRECTNESSTRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, RELIABILITYFREEDOM FROM INTERRUPTION, NONINFRINGEMENT, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR OTHERWISE. FURTHERCOURSE OF PERFORMANCE, PLEASE NOTE THAT NO ADVICE OR INFORMATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PURPOSE), OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH BEYOND THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR WARRANTIES STATED IN THE AGREEMENTTHIS SECTION.

Appears in 2 contracts

Samples: Services Agreements, Services Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESEXCEPT AS SET FORTH IN SECTION 10(A), INCLUDING THE SOFTWARENEITHER ANTHEM NOR ANTHEM’S LICENSORS AND OTHER BUSINESS PARTNERS (INCLUDING, PRODUCTSWITHOUT LIMITATION, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANTHEM) MAKE ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE OR PURPOSE AND NONINFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY REGARDING THE ANTHEM SERVICE OR NON-INFRINGEMENTANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, THE ANTHEM SERVICE PROVIDERS, OR SUPPLIERS WARRANT AND THE ANTHEM SITE ARE PROVIDED “AS IS” AND THERE IS NO WARRANTY THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE ANTHEM SERVICES AND THE ANTHEM SITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-UNINTERRUPTED, IMPERVIOUS TO “HACKERS”, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT ANTHEM MAKES NO ADVICE WARRANTIES REGARDING, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY COVERAGE, RIGHT TO COVERAGE, ELIGIBILITY, CLAIMS, ENROLLMENT, BENEFITS, PREMIUMS, CONDITIONS, EXCLUSIONS OR INFORMATION, OBTAINED ANY OTHER TERMS WHICH MAY BE AVAILABLE OR AGREED TO UNDER ANY SUCH AGREEMENTS ENTERED INTO WITH OR POLICIES ISSUED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTVENDORS.

Appears in 2 contracts

Samples: Employer Group Inquiry Producer Usage Agreement, Producer Service and License Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH CCCU ARE BEING PROVIDED “AS IS” AND WITHOUT “AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL CCCU THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCU, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CCCU AND YOU. CCCU WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY US IN EXCESS OF $1.00. THIS LIMITED REMEDY IS AGREED TO BY YOU AND CCCU AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE TRUSTMARK AS WELL AS ALL SOFTWARE, PRODUCTSMATERIALS, OFFERINGS, CONTENT AND MATERIALS WITHIN TECHNOLOGY USED TO PROVIDE ANY OF THE SERVICESFOREGOING, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KINDCOMPANY AND ITS LICENSORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE TRUSTMARK, DOCUMENTATION OR OTHER ACCOMPANYING MATERIAL OR SERVICES. COMPANY SPECIFICALLY DISCLAIMS (AND EARNER WAIVES) ALL EXPRESS OR IMPLIED. WE DISCLAIM ALL AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR AND NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. IMPLIED WARRANTIES ON THE TRUSTMARK THAT CANNOT BE LEGALLY DISCLAIMED, IF ANY, ARE LIMITED TO THIRTY (30) DAYS. ALL UNIFORM COMMERCIAL CODE WARRANTIES ARE EXPRESSLY DISCLAIMED BY COMPANY. COMPANY DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES OPERATION OR OTHER USE OF THE TRUSTMARK WILL BE UNINTERRUPTED OR ERROR-FREEERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO EARNER’S DATA, COMPUTERS OR NETWORKS OR THAT DEFECTS ERRORS WITH THE TRUSTMARK WILL BE CORRECTEDFIXED BY COMPANY. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SERVICES OR ANY TECHNICAL SUPPORT AND THE PARTIES AGREE THAT COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR COMPANY’S ACTIONS OR OMISSIONS IN PROVIDING SERVICES OR SUPPORT SERVICES. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, OR THAT SO THE SERVERS THAT MAKE ABOVE LIMITATION MAY NOT FULLY APPLY TO EARNER TO THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTEXTENT REQUIRED TO COMPLY WITH APPLICABLE LAW.

Appears in 2 contracts

Samples: Trustmark License Agreement, Trustmark License Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS 6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION AND CONTENT AND MATERIALS WITHIN THE SERVICES, ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM AND YOU HEREBY WAIVE ALL WARRANTIES, EXPRESS OR IMPLIEDOTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS XXXXXXXX XXXXXXX DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES OPERATION OF ANY CAROLINA THEATRE SERVICE, DATABASE OR OTHER MATERIAL OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY CAROLINA THEATRE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREEERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, THAT DEFECTS SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED, . IN NO EVENT SHALL CAROLINA THEATRE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR THAT PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE SUBJECT MATTER OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICESTHIS WEBSITE, IN TERMS OF THEIR CORRECTNESSCONTRACT, ACCURACYTORT, RELIABILITY, STRICT LIABILITY OR OTHERWISE. FURTHERSOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, PLEASE NOTE THAT NO ADVICE SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 6.2 YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGE TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY CAROLINA THEATRE INFORMATION, OBTAINED SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE CAROLINA THEATRE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, CAROLINA THEATRE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. 6.3 YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INPUT OF INFORMATION MADE BY OR FOR YOU TO THIS WEBSITE OR ANY CAROLINA THEATRE INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE OR DATA OF OR ANY OTHER USER OF CAROLINA THEATRE INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CAROLINA THEATRE AND ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM OUR PERSONNEL ANY LIABILITY, CLAIM, COST OR THROUGH THE SERVICES SHALL CREATE DAMAGE ARISING OUT OF ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTCLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Disclaimers of Warranties. PLEASE NOTE PURCHASER UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT IT IS PURCHASING EACH AIRCRAFT “AS IS’ AND “WHERE IS” AND THAT EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS WARRANTY OF WARRANTIES: GOOD, MARKETABLE TITLE TO THE SERVICESAPPLICABLE AIRCRAFT, FREE AND CLEAR OF ANY AND ALL LIENS ARISING BY, THROUGH OR UNDER SELLER OR THE APPLICABLE OWNER PARTICIPANT, THE APPLICABLE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE SOFTWAREAIRFRAMES AND ANY ENGINE, PRODUCTSAPU, OFFERINGSLANDING GEAR, CONTENT COMPONENT, EQUIPMENT AND MATERIALS WITHIN PART INSTALLED THEREON, AND ANY OF THE SERVICESTECHNICAL DOCUMENTS APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR INFORMATION SOLD AND PROVIDED HEREUNDER) ARE SOLD AND PROVIDED ON AN “AS IS” “WHERE IS” BASIS, WITH ALL FAULTS AND WITHOUT RECOURSE TO SELLER OR THE APPLICABLE OWNER PARTICIPANT. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE OBLIGATIONS AND LIABILITIES OF SELLER AND THE APPLICABLE OWNER PARTICIPANT HEREUNDER ARE EXPRESSLY IN LIEU OF, AND SELLER AND THE APPLICABLE OWNER PARTICIPANT WILL NOT BE DEEMED TO HAVE MADE, AND PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY AND ALL RIGHTS AND REMEDIES IT MAY HAVE AGAINST SELLER OR THE APPLICABLE OWNER PARTICIPANT, WHETHER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY IN TORT OR ARISING FROM NEGLIGENCE, STRICT LIABILITY OR FOR LOSS OR INTERRUPTION OF USE, PROFIT OR BUSINESS OR OTHER CONSEQUENTIAL INJURY, RELATING TO ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, DUTIES, OBLIGATIONS, LIABILITIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE APPLICABLE AIRCRAFT OR THE AIRWORTHINESS THEREOF (INCLUDING BUT NOT LIMITED TO WARRANTIES THE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF TITLE THE TECHNICAL DOCUMENTS AND OTHER DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR INFORMATION SOLD AND PROVIDED HEREUNDER), OR THE VALUE, CONDITION, DESIGN, OPERATION, DURABILITY OR COMPLIANCE WITH SPECIFICATION OF SUCH AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAMES AND ANY ENGINE, APU, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, AND ANY OF THE AIRCRAFT DOCUMENTATION APPLICABLE TO SUCH AIRCRAFT, AND ANY OTHER EQUIPMENT, PART, DATA OR INFORMATION SOLD AND PROVIDED HEREUNDER), INCLUDING, BUT NOT LIMITED TO: (a) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHTS AND REMEDIES IT MAY HAVE AGAINST SELLER OR NON-INFRINGEMENT. NEITHER US, NOR THE APPLICABLE OWNER PARTICIPANT RELATING TO ANY OF OUR SUBSIDIARIES THE FOREGOING AND ARISING BY LAW OR AFFILIATESOTHERWISE; (b) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NOR COURSE OF DEALING OR USAGE OF TRADE; (c) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE ACTUAL OR IMPUTED NEGLIGENCE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATIONSELLER, THE SERVICESAPPLICABLE OWNER PARTICIPANT AND THEIR ASSIGNS; AND (d) ANY OBLIGATION, IN TERMS LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE DAMAGE TO ANY AIRCRAFT OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL ANY OTHER TANGIBLE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY INTANGIBLE THING PROVIDED FOR IN THE UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Hawaiian Holdings Inc)

Disclaimers of Warranties. PLEASE NOTE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALTISOURCE HAS NOT MADE, AND IS NOT MAKING, ANY REPRESENTATION OR WARRANTY TO OCWEN, INCLUDING WITH RESPECT TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: LICENSED INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING OR THE SOFTWAREPROSPECTS OF THE BUSINESS TO BE CONDUCTED BY OCWEN. EXCEPT AS EXPRESSLY WARRANTED HEREIN, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALTISOURCE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND DURABILITY; ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT; AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR NON-INFRINGEMENTUSAGE OF TRADE. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ALTISOURCE DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SOFTWARE OR SERVICES COVERED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET ALL OF OCWEN’S REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSSOFTWARE WILL BE UNINTERRUPTED (FOR WHATEVER REASON), OFFERINGSBE FREE FROM PROGRAMMING OR OTHER ERRORS, OR CONTENTWILL BE SAFE FROM VIRUSES, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYWORMS, OR OTHERWISESECURITY BREACHES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ALTISOURCE HAS NOT AUTHORIZED AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTIES ON ALTISOURCE’S BEHALF.

Appears in 2 contracts

Samples: Intellectual Property Agreement (Altisource Portfolio Solutions S.A.), Intellectual Property Agreement (Ocwen Financial Corp)

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BUSINESS INNOVATION AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY AND NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ; (B) THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCTSSERVICE WILL BE EFFECTIVE, OFFERINGSACCURATE, OR CONTENT, INCLUDING, WITHOUT LIMITATION, RELIABLE; (C) THE SERVICES, IN TERMS QUALITY OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.THAT

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FUJI XEROX AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY OR AND NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD PARTY RIGHTS. NEITHER US, NOR SERVICE PROVIDER AND FUJI XEROX FURTHER DISCLAIM ANY OF OUR SUBSIDIARIES WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT DEFECTS (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FUJI XEROX MAKES NO REPRESENTATION THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGSSERVICE, OR CONTENTANY FEATURE OR PART THEREOF, INCLUDINGIS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAWS AND REGULATIONS.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYSATISFACTORY QUALITY AND NONINFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, SECURITYGEOTRUST DOES NOT MAKE ANY REPRESENTATION, ACCURACY OR NON-INFRINGEMENT. NEITHER USWARRANTY, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESGUARANTEE, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 2 contracts

Samples: Subscriber Agreement, Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE A. TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, EDI SERVICES ARE PROVIDED TO YOU HEREUNDER STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM AND LICENSOR HEREBY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSSTATUTORY, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENTOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE LEGAL REQUIREMENTS IMPOSE AN IMPLIED WARRANTY BY US, SUCH WARRANTY ENDS 30 DAYS FROM THE SERVICESDATE THE EDI SERVICES ARE FIRST AVAILABLE TO YOU. LICENSOR DOES NOT WARRANT, IN TERMS OF THEIR CORRECTNESSENDORSE, ACCURACY, RELIABILITYGUARANTEE, OR OTHERWISEASSUME RESPONSIBILITY FOR ANY RELATIONSHIP OR TRANSACTIONS BETWEEN YOU AND YOUR TRADING PARTNER. FURTHERLICENSOR WILL NOT BE A PARTY TO, PLEASE NOTE BE LIABLE TO ANY TRANSACTION BETWEEN YOU AND YOUR TRADING PARTNER. B. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (A) THE EDI SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE EDI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE EDI SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE EDI SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR INFORMATION, OBTAINED BY YOU FROM ANY OF OUR PERSONNEL OR THROUGH THE SERVICES SHALL AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTY.

Appears in 1 contract

Samples: Edi Terms of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-PURPOSE AND NON- INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 6, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEGEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GEOTRUST OR THROUGH THE GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE A. TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED TO MERCHANT HEREUNDER STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM AND APTEAN HEREBY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSSTATUTORY, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENTOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE LEGAL REQUIREMENTS IMPOSE AN IMPLIED WARRANTY BY US, SUCH WARRANTY ENDS 30 DAYS FROM THE SERVICESDATE THE SERVICE IS FIRST AVAILABLE TO YOU. APTEAN DOES NOT WARRANT, IN TERMS OF THEIR CORRECTNESSENDORSE, ACCURACY, RELIABILITYGUARANTEE, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE ASSUME RESPONSIBILITY FOR ANY PRODUCT OR INFORMATION, OBTAINED SERVICE ADVERTISED OR OFFERED BY YOU FROM OUR PERSONNEL A MERCHANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. APTEAN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. B. WITHOUT LIMITING THE FOREGOING, APTEAN MAKES NO WARRANTY THAT (A) THE SERVICES SHALL WILL MEET MERCHANT’S REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APTEAN OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWARRANTY.

Appears in 1 contract

Samples: Terms of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF WARRANTIES: THE SERVICESHALO INVESTING CONTENT IS NOT GUARANTEED. HALO INVESTING RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE HALO INVESTING CONTENT AT ANY TIME, INCLUDING WITHOUT NOTICE. HOWEVER, HALO INVESTING MAKES NO COMMITMENT TO UPDATE THE SOFTWARE, PRODUCTS, OFFERINGS, INFORMATION AND YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE PLATFORM. THE HALO INVESTING CONTENT AND MATERIALS WITHIN THE SERVICES, ARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES “AS AVAILABLE.” HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE HALO INVESTING CONTENT, TEXTS, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PLATFORM. HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) PROVIDE NO GUARANTY AGAINST THE POSSIBILITY OF DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY KINDPART OF THE HALO INVESTING CONTENT OR OF UNAUTHORIZED USE BY YOU OF THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EITHER EXPRESS OR IMPLIED. WE HALO INVESTING, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMARKETABILITY, PROFITABILITY, SUITABILITY, NONINFRINGEMENT, SECURITY, ACCURACY NONINTERFERENCE, TITLE, ACCURACY, ERROR-FREE AND UNINTERRUPTED SERVICES, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. NEITHER USHALO INVESTING, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DO NOT WARRANT, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEGUARANTY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (a) THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR THE HALO INVESTING CONTENT, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES, IN TERMS HALO INVESTING CONTENT OR ANY DELAY OR LOSS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYUSE OF THE HALO INVESTING CONTENT, OR OTHERWISE(b) PLATFORM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE PLATFORM OR THE HALO INVESTING CONTENT. FURTHER, PLEASE NOTE ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATIONINFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL HALO INVESTING OR THROUGH THE SERVICES SHALL PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR STATED IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Use

Disclaimers of Warranties. PLEASE NOTE WESTLAND PROVIDES THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITE "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNON- INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, ACCURACY TRADE, USAGE OR NON-INFRINGEMENTPERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITE. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 14, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Developer Certificate Services Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESWE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, INCLUDING THE SOFTWARESOLAR OUTPUT, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDXXXX CREDIT AMOUNT. WE DISCLAIM ALL WARRANTIESDO NOT SELL, EXPRESS TRANSMIT OR IMPLIED, INCLUDING BUT DISTRIBUTE SOLAR ELECTRICITY TO YOU UNDER THIS AGREEMENT. WE DO NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSPROVIDE YOU WITH OWNERSHIP OF, OR SUPPLIERS ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES THERE WILL BE UNINTERRUPTED NO CHANGES TO THE TARIFF OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDTHE PROGRAM OR THE XXXX CREDIT RATE, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR UTILITY WILL NOT MAKE ANY REPRESENTATIONS REGARDING CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE USE UTILITY TARIFF OR THE RESULTS PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, thawte’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE 9.1. EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES SPECIFICALLY PROVIDED, ALTSHARE MAKES NO OTHER WARRANTIES: THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY ALTSHARE SERVICE PROVIDED IN CONNECTION WITH THESE TERMS, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF LIMITATION ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYNONINFRINGEMENT, SECURITYOR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND MAY BE UPGRADED OR CHANGED FROM TIME TO TIME. ALTSHARE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY: (A) TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (B) ISSUE THAT IS ATTRIBUTABLE TO CUSTOMER’S MISUSE OF THE ALTSHARE SERVICE (INCLUDING WITHOUT LIMITATION, ACTING IN VIOLATION OF THESE TERMS OR OTHER GUIDANCE PROVIDED BY ALTSHARE), CUSTOMER'S HARDWARE OR SERVICE OR CUSTOMER’S INTERNET OR DATA SERVICES. 9.2. EXCEPT AS SPECIFICALLY PROVIDED HEREUNDER, ALTSHARE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (i) THAT THE ALTSHARE SERVICE OR ANY COMPONENT THEREOF WILL OPERATE IN THE COMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE; (ii) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR COMPLETENESS OF THE ALTSHARE SERVICE OR ANY COMPONENT THEREOF; (iii) THAT USE OF OUR SUBSIDIARIES THE ALTSHARE SERVICE WILL MEET ANY REQUIRMENTS OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSEXPECTATIONS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, SECURE OR ERROR-FREE, ; OR (iv) THAT DEFECTS ANY ERROR CONDITIONS WILL BE CORRECTED. 9.3. ALTSHARE DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, REPORTS, INFORMATION, OUTPUTS OR RESULTS THAT CUSTOMER OBTAINS THROUGH USE OF THE ALTSHARE SERVICE (COLLECTIVELY, “REPORTS”), OR THAT THE SERVERS REPORTS ARE COMPLETE OR ERROR-FREE. THE REPORTS DO NOT CONSTITUTE LEGAL ADVICE, AND CUSTOMER UNDERSTANDS IT MUST DETERMINE FOR ITSELF THE NEED TO OBTAIN ITS OWN INDEPENDENT LEGAL ADVICE REGARDING THE SUBJECT MATTER OF ANY REPORT AND/OR ANY SOFTWARE THAT MAKE CUSTOMER USES OR IS CONSIDERING TO USE. CUSTOMER’S USE OF AND RELIANCE UPON THE SERVICES AVAILABLE ARE FREE OF VIRUSES ALTSHARE SERVICE AND ANY REPORTS IS ENTIRELY AT CUSTOMER’S SOLE DISCRETION AND RISK, AND ALTSHARE SHALL HAVE NO RESPONSIBILITY OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR LIABILITY WHATSOEVER TO CUSTOMER IN CONNECTION WITH ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTFOREGOING.

Appears in 1 contract

Samples: Terms of Service

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BUSINESS INNOVATION AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY AND NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT DEFECTS (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION MAKES NO REPRESENTATION THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGSSERVICE, OR CONTENTANY FEATURE OR PART THEREOF, INCLUDINGIS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAWS AND REGULATIONS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL MX THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: E Sign Agreement and Disclosure

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WI REQUIREMENTS OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, THAT DEFECTS ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. NCS;UOSRTTOHAMTE(RD)’ASNY EXPECTA 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FUJIFILM BI MAKES NO REPRESENTATION THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGSSERVICE, OR CONTENTANY FEATURE OR PART THEREOF, INCLUDINGIS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE CUSTOMER DOES SO AT CUSTOMER’S OWN INITI FOR COMPLIANCE WITH ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAWS AND REGULATIONS.

Appears in 1 contract

Samples: Terms and Conditions of Service

Disclaimers of Warranties. PLEASE NOTE YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE THAT, TO THE FOLLOWING IMPORTANT DISCLAIMERS EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. GOLFLER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES: THE SERVICES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USIN ADDITION, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESGOLFLER MAKES NO REPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSWARRANTY, OR SUPPLIERS WARRANT GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOLFLER DOES NOT GUARANTEE THE QUALITY, THAT DEFECTS WILL BE CORRECTEDSUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. USER AGREES THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ENTIRE RISK ARISING OUT OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN TERMS CONNECTION THEREWITH, REMAINS SOLELY WITH THE USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR OTHERWISELOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GOLFLER OR THROUGH OR FROM THE SERVICES SERVICE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY PROVIDED FOR AUTHORIZED IN THE AGREEMENTTHESE TERMS. CERTAIN JURSIDICTIONS MAY PROHIBIT COMPANY FROM DISCLAIMING SOME WARRANTIES AND THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS CONNECTOR’S USE OF WARRANTIES: THE SERVICES, INCLUDING REFERRAL TOOL AND WEBSITE IS AT YOUR SOLE RISK. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT REFERRAL TOOL AND MATERIALS WITHIN THE SERVICES, WEBSITE ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES “AS AVAILABLE” BASIS. UNCOMMONGOOD AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIESSTATUTORY, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER USUNCOMMONGOOD AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT THE REFERRAL TOOL OR WEBSITE (A) WILL MEET YOUR REQUIREMENTS, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES (B) WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT DEFECTS MAY BE OBTAINED FROM ITS USE WILL BE CORRECTEDACCURATE OR RELIABLE, OR THAT (D) THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE QUALITY OF ANY PRODUCTS, OFFERINGSSERVICES, INFORMATION, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, OTHER MATERIAL COMPRISED IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEASSOCIATED WITH IT WILL MEET YOUR EXPECTATIONS. FURTHER, PLEASE NOTE WE MAY, AT OUR SOLE DISCRETION, STOP SERVICE OF THE REFERRAL TOOL OR WEBSITE AT ANY TIME WITHOUT LIABILITY TO THE CONNECTOR. ALSO, WE DISCLAIM LIABILITY TO THE CONNECTOR TO THE SAME EXTENT AS TO INCIDENTS ARISING FROM THIRD-PARTY ELEMENTS OR SERVICES THAT NO ADVICE THE REFERRAL TOOL OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTWEBSITE USES.

Appears in 1 contract

Samples: Referral Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED TO USER “AS IS, WHERE IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, EITHER EXPRESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS: (A) DO NOT WARRANT THE ACCURACY, COMPLETENESS, COMPREHENSIVENESS OR IMPLIED. WE CURRENCY OF THE SERVICES OR SERVICES, THE CONTENT PROVIDED THEREON OR THE FORMS, REPORTS OR RESPONSES GENERATED FROM THE SERVICES; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY AND NON‐INFRINGEMENT. USER IS INSTRUCTED TO USE THE COMPANY’S SERVICES AND SERVICES AT THEIR OWN RISK. THE COMPANY MAKES NO WARRANTY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES GUARANTEE THAT THE SERVICES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, AVAILABLE AT ANY TIME OR ERROR-FREEFROM A PARTICULAR LOCATION, SECURE OR ERROR‐FREE, THAT DEFECTS WILL BE CORRECTED, CORRECTED OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE IS/ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NEITHER USNOTWITHSTANDING THE FOREGOING, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATESTHE COMPANY AGREES THAT IT WILL USE ITS COMMERCIALLY REASONABLE BEST EFFORTS TO MAINTAIN THE SECURITY, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSCOMPLETENESS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS COMPREHENSIVENESS AND CURRENCY OF THE USE OF ANY PRODUCTS, OFFERINGS, SERVICES FROM VIRUSES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.OTHER POTENTIALLY HARMFUL COMPONENTS..

Appears in 1 contract

Samples: Subscription Services Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, xxxxxx’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, NOR thawte DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES thawte MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH thawte’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEthawte’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL thawte OR THROUGH THE thawte’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawte IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWAREENTRUST EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY ENTRUST AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ENTRUST FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY ENTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO ENTRUST AND RELIED UPON BY A RELYING PARTY. ENTRUST DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. ENTRUST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN ENTRUST TREND MICRO SSL’S CPS. Entrust provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Entrust is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: Entrust Trend Micro SSL Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE The following disclaimers apply to all products and services provided under this Agreement: (1) WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION CAPACITY, SOLAR OUTPUT, OR BILL CREDIT AMOUNT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, ARRAY OR ANY PART THEREOF INCLUDING THE SOFTWARESELECTED SOLAR PANELS. WE DO NOT REPRESENT THAT THE SELECTED SOLAR PANELS WILL GENERATE SOLAR OUTPUT EQUAL TO OR GREATER THAN YOUR ELECTRICAL ENERGY CONSUMPTION. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE PROGRAM OR RATE OF BILL CREDIT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. (2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, PRODUCTS AND/OR SERVICES PURCHASED BY YOU ARE PROVIDED “SOLD "AS IS” AND ", WITHOUT WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESEXPRESSED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE STATUTORY OR OTHERWISE, AND THE ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXCLUDED. SOME STATES DO ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPATIBILITYSO IF THE ABOVE LIMITATION DOES NOT APPLY TO YOU UNDER APPLICABLE STATE LAW, SECURITY, ACCURACY THIS AGREEMENT SHALL BE CONSIDERED TO NOT EXCLUDE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES LIMIT INCIDENTAL OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTCONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Solar Interest Purchase Agreement

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICESSAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESSLY, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE SOFTWAREIMPLIED REPRESENTATIONS, PRODUCTSWARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OFFERINGSFITNESS FOR A PARTICULAR PURPOSE, CONTENT SATISFACTORY QUALITY, ACCURACY AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES NONINFRINGEMENT OF ANY KINDTHIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, EITHER EXPRESS UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR IMPLIEDERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. WE DISCLAIM SERVICE PROVIDER AND FUJIFILM BI MAKES NO REPRESENTATION THAT SERVICE, OR ANY FEATURE OR PART THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS AGAINST ANY CLAIM BY ANY THIRD PARTY (EXCEPT TO THE EXTENT SUCH CLAIM IS CAUSED BY A NON-EXCUSABLE BREACH BY FUJIFILM BI OF THIS AGREEMENT) IN RESPECT OF OR ARISING FROM; (I) DATA LOSS, DATA CORRUPTION OR DELAY OF DATA DELIVERY; (II) ANY HARMFUL CODES THAT MAY BE INTRODUCED INTO CUSTOMER’S SYSTEMS OR DEVICES THROUGH USE OF SERVICE; OR (III) ALL WARRANTIES, EXPRESS OR IMPLIEDACTS AND OMISSIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY WRONGFUL ACTS, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSPERSON ACCESSING OR USING SERVICE (OTHER THAN EMPLOYEES OF SERVICE PROVIDER, OFFERINGS, FUJIFILM BI OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ITS SUBCONTRACTOR) AS IF THEY WERE CUSTOMER’S ACTS OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTOMISSIONS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE (a) GRANTEE REPRESENTS THAT IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE FOLLOWING IMPORTANT DISCLAIMERS OPPORTUNITY TO INSPECT THE PROPERTY AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF WARRANTIES: THE SERVICESPURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AGREEMENT), INCLUDING AGREES TO ACCEPT THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT PHYSICAL AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ENVIRONMENTAL CONDITION OF SAME ON AN “AS IS-WHERE ISBASIS SUBJECT TO THE TERMS OF THIS DEED AND THE PURCHASE AGREEMENT. GRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF THE OIL AND GAS DRILLING, PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE PROPERTY. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF THE PURCHASE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AGREEMENT), GRANTEE ACKNOWLEDGES THAT THE PROPERTY MAY CONTAIN UNPLUGGED OR IMPROPERLY PLUGGED XXXXX, WELLBORES OR BURIED PIPELINES OR OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT NOW BE KNOWN TO GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF THE PROPERTY, AND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR MAY HAVE HAD, TO PROPERLY PLUG, ABANDON, REMOVE AND/OR RESTORE THE SAME WITHOUT WARRANTIES RECOURSE TO GRANTOR. (b) GRANTEE RELEASES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY KINDLIABILITY WITH RESPECT TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY, EITHER EXPRESS OTHER THAN AS MAY BE PROVIDED FOR UNDER THIS DEED AND THE PURCHASE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), WHETHER OR IMPLIEDNOT CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP, AND WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH GRANTOR’S OWNERSHIP OF THE PROPERTY OR USE OF THE PROPERTY BEFORE OR AT THE EFFECTIVE DATE. WE DISCLAIM WITHOUT LIMITING THE ABOVE, GRANTEE WAIVES ANY RIGHT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS DEED AND THE PURCHASE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), TO RECOVER FROM GRANTOR OR ANY MEMBER OF SELLER GROUP AND, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS DEED AND THE PURCHASE AGREEMENT, FOREVER RELEASES AND DISCHARGES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY AND ALL WARRANTIESDAMAGES, CLAIMS, LOSSES, LIABILITIES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS AND EXPENSES WHATSOEVER, (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS), WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH THE PHYSICAL CONDITION OF THE PROPERTY OR ANY LAW OR REGULATION APPLICABLE THERETO, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL LAW AND ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW, WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH, GRANTOR’S OWNERSHIP OF THE PROPERTY OR USE OF THE PROPERTY AT OR PRIOR TO THE EFFECTIVE DATE, AND WHETHER OR NOT ATTRIBUTABLE TO THE STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP OR TO THE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE OF GRANTOR OR ANY MEMBER OF SELLER GROUP, EXCEPT IF CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR OR ANY MEMBER OF SELLER GROUP PRIOR TO CLOSING. (c) GRANTEE ACKNOWLEDGES THAT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS DEED OR THE PURCHASE AGREEMENT (INCLUDING SECTION 6.1 THEREOF AND THE CERTIFICATE PROVIDED AT CLOSING PURSUANT TO SECTION 5.3(i) THEREOF), NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED RELATING TO WARRANTIES THE CONDITION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY IMMOVABLE PROPERTY, FITNESS FOR PARTICULAR PURPOSEMOVABLE PROPERTY, COMPATIBILITYEQUIPMENT, SECURITYINVENTORY, ACCURACY OR NON-INFRINGEMENT. NEITHER USMACHINERY, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FIXTURES AND PERSONAL PROPERTY CONSTITUTING PART OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, PROPERTY (INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY (b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (d) ANY RIGHTS OF GRANTEE UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE SERVICESPURCHASE PRICE, (e) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT, (f) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR OTHER VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, AND (g) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, IT BEING THE EXPRESS INTENTION OF GRANTOR AND GRANTEE THAT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY SHALL BE CONVEYED TO GRANTEE AS IS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS GRANTEE DEEMS APPROPRIATE AND GRANTEE WILL ACCEPT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS IS, IN TERMS THEIR PRESENT CONDITION AND STATE OF THEIR CORRECTNESSREPAIR. (d) GRANTOR HEREBY EXPRESSLY NEGATES AND DISCLAIMS, ACCURACYAND GRANTEE HEREBY WAIVES, RELIABILITYAND ACKNOWLEDGES THAT, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY EXCEPT AS PROVIDED FOR IN THE AGREEMENTPURCHASE AGREEMENT OR THIS DEED, NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTEE IS NOT RELYING UPON, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR OTHER ASSURANCE RELATING TO (a) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR VERBAL) NOW, HERETOFORE, OR HEREAFTER FURNISHED TO GRANTEE BY OR ON BEHALF OF GRANTOR OR (b) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GEOLOGICAL OR GEOPHYSICAL DATA OR INTERPRETATIONS, THE QUALITY, QUANTITY, RECOVERABILITY OR COST OF RECOVERY OF ANY HYDROCARBON RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, OR THE ABILITY TO SELL OR MARKET ANY HYDROCARBONS AFTER CLOSING. (e) GRANTEE ACKNOWLEDGES THAT SOME OILFIELD PRODUCTION EQUIPMENT INCLUDED WITHIN THE PROPERTY MAY CONTAIN ASBESTOS AND/OR NATURALLY OCCURRING RADIOACTIVE MATERIAL (“NORM”). GRANTEE SPECIFICALLY ACKNOWLEDGES THAT NORM MAY AFFIX OR ATTACH ITSELF TO THE INSIDE OF WELLBORES, MATERIALS AND EQUIPMENT AS SCALE OR IN OTHER FORMS, AND THAT XXXXX, MATERIALS AND EQUIPMENT INCLUDED WITHIN THE ASSETS AND/OR LOCATED ON THE PROPERTY MAY CONTAIN NORM AND NORM-CONTAINING MATERIAL MAY HAVE BEEN DISPOSED OF ON OR OFF OF A PROPERTY. GRANTEE UNDERSTANDS THAT, INASMUCH AS THE PRESENCE OF ASBESTOS AND/OR NORM MAY CONSTITUTE A HEALTH HAZARD, SPECIAL SAFETY AND HANDLING PROCEDURES MAY BE REQUIRED FOR THE REMOVAL AND DISPOSAL OF ASBESTOS AND NORM FROM THE PROPERTIES IF AND WHERE SUCH MAY BE FOUND. (f) EXCEPT WITH RESPECT TO SECTION 6.1 OF THE PURCHASE AGREEMENT AND THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION 2.01, (A) GRANTOR SHALL CONVEY GRANTOR’S INTERESTS IN AND TO THE PROPERTY TO GRANTEE WITHOUT ANY WARRANTY OF TITLE, EXPRESS OR IMPLIED AND (B) GRANTOR DOES NOT MAKE OR PROVIDE (AND EACH GRANTOR HEREBY EXPRESSLY DISCLAIMS) AND GRANTEE HEREBY WAIVES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR OTHER ASSURANCES CONCERNING THE DESCRIPTION OF THE PROPERTY, INCLUDING LISTINGS OF NET MINERAL ACRES, PERCENTAGE WORKING INTERESTS OR PERCENTAGE NET REVENUE INTERESTS. (g) GRANTEE ACKNOWLEDGES THAT THE DISCLAIMERS, WAIVERS AND RELEASES CONTAINED IN THIS SECTION 2.03 AND ELSEWHERE IN THIS DEED ARE CONSPICUOUS.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICESSAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESSLY, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE SOFTWAREIMPLIED REPRESENTATIONS, PRODUCTSWARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OFFERINGSFITNESS FOR A PARTICULAR PURPOSE, CONTENT SATISFACTORY QUALITY, ACCURACY AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES NONINFRINGEMENT OF ANY KINDTHIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, EITHER EXPRESS UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR IMPLIEDERROR- FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. WE DISCLAIM SERVICE PROVIDER AND FUJIFILM BI MAKES NO REPRESENTATION THAT SERVICE, OR ANY FEATURE OR PART THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS AGAINST ANY CLAIM BY ANY THIRD PARTY (EXCEPT TO THE EXTENT SUCH CLAIM IS CAUSED BY A NONEXCUSABLE BREACH BY FUJIFILM BI OF THIS AGREEMENT) IN RESPECT OF OR ARISING FROM; (I) DATA LOSS, DATA CORRUPTION OR DELAY OF DATA DELIVERY; (II) ANY HARMFUL CODES THAT MAY BE INTRODUCED INTO CUSTOMER’S SYSTEMS OR DEVICES THROUGH USE OF SERVICE; OR (III) ALL WARRANTIES, EXPRESS OR IMPLIEDACTS AND OMISSIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY WRONGFUL ACTS, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSPERSON ACCESSING OR USING SERVICE (OTHER THAN EMPLOYEES OF SERVICE PROVIDER, OFFERINGS, FUJIFILM BI OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ITS SUBCONTRACTOR) AS IF THEY WERE CUSTOMER’S ACTS OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTOMISSIONS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT DTD AND MATERIALS WITHIN THE SERVICES, PRODUCT DATA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES TRANSAXLE LLC (ON BEHALF OF ANY KINDITSELF AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR NON-INFRINGEMENTSYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER US, NOR ANY TRANSAXLE LLC (ON BEHALF OF OUR SUBSIDIARIES OR ITSELF AND ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, OR SUPPLIERS ) DOES NOT WARRANT THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE SERVICES DTD AND PRODUCT DATA WILL MEET YOUR OR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR ERROR-FREEWORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, FREE OF FROM BUGS, VIRUSES OR ERRORS OR OTHER HARMFUL COMPONENTSPROGRAM LIMITATIONS. NEITHER USYOU ACKNOWLEDGES AND AGREES THAT ITS USE OF AND ANY RELIANCE UPON THE DTD AND PRODUCT DATA IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE DTD MAY NOT BE AVAILABLE, NOR DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRANSAXLE LLC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRANSAXLE LLC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF OUR SUBSIDIARIES SERVICE ATTACKS OR AFFILIATESSIMILAR ATTACKS, NOR OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. YOU ACKNOWLEDGE THAT TRANSAXLE LLC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF OUR DATA. TRANSAXLE LLC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR THE ACTIONS OR THEIR RESPECTIVE LICENSORSINACTIONS OF THIRD-PARTY SYSTEMS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE LICENSORS THAT TRANSAXLE LLC USES TO PROVIDER THE DTD, INCLUDING ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FAILURE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTPERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Terms of Use

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SYMANTEC’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC DO NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES MSC XXXXXXXXX.XXX SDN BHD AND SYMANTEC MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH SYMANTEC’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SYMANTEC’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SYMANTEC AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE 8.1 UNLESS STATED IN THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THIS AGREEMENT, THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SERVICES AND MATERIALS WITHIN THE SERVICES, FITNESSGRAM® SOFTWARE ARE PROVIDED “AS AS-IS.AND WITHOUT WARRANTIES OF ANY KINDTO THE MAXIMUM EXTENT PERMITTED BY LAW, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER US, NOR WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES. WE FURTHER DISCLAIM ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT WARRANTY THAT ANY FUNCTION CONTAINED IN (A) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR . 8.2 WE SPECIFICALLY DISCLAIM ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR LIABILITY FOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ACTIONS RESULTING FROM YOUR USE OF ANY PRODUCTS, OFFERINGS, SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESOFTWARE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH MAY USE AND ACCESS THE SERVICES SHALL CREATE OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE AGREEMENTUSE AND ACCESS OF ANY SERVICE OR SOFTWARE.

Appears in 1 contract

Samples: Hosting Services Terms of Use

Disclaimers of Warranties. PLEASE NOTE AGILE DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING AGILE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AGILE, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN AGILE MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHERDISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER AGILE NOR THE AGILE ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENTSERVICES.

Appears in 1 contract

Samples: Letter Agreement

Disclaimers of Warranties. PLEASE NOTE A. NASDAQ WILL ENDEAVOR TO OFFER THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE AS A RESULT OF WARRANTIESA FAILURE BY NASDAQ TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASDAQ WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT ANY SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR ANY REASON WHATSOEVER FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT NASDAQ REGULARLY TRANSMITS THE SERVICE DUE TO THE FAULT OF NASDAQ (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT AND SUBJECT TO THE PARAMETERS FOR PROMPTNESS AND ACCURACY ASSOCIATED WITH A PARTICULAR SERVICE ), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY AGAINST NASDAQ, IN ADDITION TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICESNASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE, INCLUDING SHALL BE EITHER A PRORATED CREDIT OR A PRORATED REFUND OF ANY MONIES DUE TO NASDAQ FROM SUBSCRIBER FOR THE SOFTWARESERVICES FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND MUST BE REQUESTED BY WRITTEN NOTICE TO NASDAQ WITHIN ONE (1) BUSINESS DAY OF THE EVENT GIVING RISE TO SUCH CREDIT OR REFUND WITH ALL PERTINENT DETAILS INCLUDED. IN THE EVENT THAT THE SERVICE IS NOT AVAILABLE, PRODUCTSIS DELAYED, OFFERINGSIS INTERRUPTED, CONTENT IS INCOMPLETE, IS NOT ACURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF LESS THAN FOUR (4) HOURS, SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR ENTITY’S SOLE AND MATERIALS WITHIN EXCLUSIVE REMEDY AGAINST NASDAQ SHALL BE LIMITED TO: (1) ANY REMEDIES THAT MAY BE AVAILABLE PURSUANT TO THE SERVICES, ARE NASDAQ RULE CURRENTLY NUMBERED 4626 (AS SUCH RULE MAY BE AMENDED OR RE-NUMBERED FROM TIME TO TIME); OR (2) ANY OTHER SIMILAR APPLICABLE EXCHANGE RULE OF A NASDAQ U.S. EXCHANGE. B. SUBSCRIBER ACKNOWLEDGES THAT NASDAQ MAY PROVIDE SUBSCRIBER ACCESS TO CERTAIN THIRD PARTY SOFTWARE TO ASSIST SUBSCRIBER IN RECEIVING THE SERVICES OR ANY DATA. SUCH THIRD PARTY SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SUBSCRIBER AGREES THAT NASDAQ SHALL NOT BE LIABLE FOR ANY ERRORS OR DEFECTS IN ANY THIRD PARTY SOFTWARE (INCLUDING INFRINGEMENT BY THE SOFTWARE OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS). SUBSCRIBER’S SOLE AND WITHOUT EXCLUSIVE REMEDY AGAINST NASDAQ FOR ANY ERRORS OR DEFECTS IN ANY THIRD PARTY SOFTWARE (INCLUDING ANY INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS) SHALL BE TO CEASE USING SUCH SOFTWARE AND/OR RETURN THE SOFTWARE TO NASDAQ. C. EXCEPT AS EXPRESSLY SET FORTH ABOVE, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NASDAQ MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, SOFTWARE, OR OTHER INFORMATION PROVIDED IN CONNECTION THEREWITH AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT SUBSCRIBER’S SOLE RISK. NASDAQ EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS DETAILED ABOVE, NEITHER NASDAQ NOR ITS DIRECTORS, MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO SUBSCRIBER FOR, (I) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, OR CONTINUED AVAILABILITY OF THE SERVICES, (II) ERRORS, DEFECTS, DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE SERVICES, (III) THE CREDITWORTHINESS OF ANY OTHER SUBSCRIBER, OR (IV) THE ACTS OR OMISSIONS OF ANY USERS AUTHORIZED BY SUBSCRIBER TO USE THE SERVICES ON BEHALF OF SUBSCRIBER. NASDAQ WILL HAVE NO DUTY OR OBLIGATION TO VERIFY THE ACCURACY OR CORRECTNESS OF ANY INFORMATION MADE AVAILABLE THROUGH OR ON THE SERVICES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE SERVICES OR NASDAQ INFORMATION DOES NOT AND SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY DECISIONS MADE BY SUBSCRIBER AND THAT NASDAQ IS NOT A FIDUCIARY OF SUBSCRIBER. D. NASDAQ ACKNOWLEDGES THAT SUBSCRIBER’S DATA IS PROVIDED “AS IS” WITH NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, STATUTORY (INCLUDING, WITHOUT LIMITATION, THE SERVICESTIMELINESS, IN TERMS OF THEIR CORRECTNESSTRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, RELIABILITYFREEDOM FROM INTERRUPTION, NONINFRINGEMENT, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR OTHERWISE. FURTHERCOURSE OF PERFORMANCE, PLEASE NOTE THAT NO ADVICE OR INFORMATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PURPOSE), OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH BEYOND THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR WARRANTIES STATED IN THE AGREEMENTTHIS SECTION.

Appears in 1 contract

Samples: Services Agreements

Disclaimers of Warranties. PLEASE NOTE (a) LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT, BY THIS AGREEMENT, EXCEPT AS EXPRESSLY STATED IN SECTIONS 2.8 AND 2.9, METHODIST DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATION (A) AS TO THE FOLLOWING IMPORTANT DISCLAIMERS OPERABILITY OR FITNESS FOR ANY USE, SAFETY, EFFICACY, ABILITY TO OBTAIN REGULATORY APPROVAL, PATENTABILITY, OR BREADTH OF WARRANTIES: THE SERVICESLICENSED PATENT RIGHTS OR LICENSED KNOW-HOW, INCLUDING (B) AS TO WHETHER THERE ARE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS NOW HELD, OR WHICH WILL BE HELD, BY OTHERS OR BY METHODIST IN THE SOFTWARELICENSED FIELD, PRODUCTS(C) THAT THE LICENSED PRODUCTS OR THE LICENSED SERVICES DO NOT INFRINGE ANY OTHER PATENTS NOW HELD OR THAT WILL BE HELD BY OTHERS OR BY METHODIST, OFFERINGS, CONTENT AND MATERIALS WITHIN (D) THAT ALL OF THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES CLAIMS OF ANY KINDPATENT INCLUDED IN THE LICENSED PATENT RIGHTS ARE VALID. (b) LICENSEE RECOGNIZES THAT THE LICENSED PATENT RIGHTS AND LICENSED KNOW-HOW MAY REQUIRE USE OF TANGIBLE AND INTANGIBLE PROPERTY OF THIRD PARTIES AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR OBTAINING ANY RIGHTS FROM THIRD PARTIES THAT ARE NECESSARY TO REALIZE THE BENEFITS TO SUCH PARTY OF THIS AGREEMENT. (c) METHODIST UNDERSTANDS AND ACKNOWLEDGES THAT, EITHER EXPRESS BY THIS AGREEMENT, LICENSEE DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATION (A) AS TO THE OPERABILITY OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSEANY USE, COMPATIBILITYSAFETY, SECURITYEFFICACY, ACCURACY OR NON-INFRINGEMENT. NEITHER USABILITY TO OBTAIN REGULATORY APPROVAL, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSPATENTABILITY, OR SUPPLIERS WARRANT THAT BREADTH OF THE LICENSED PATENT RIGHTS OR LICENSED KNOW-HOW, (B) AS TO WHETHER THERE ARE ANY FUNCTION CONTAINED PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS NOW HELD, OR WHICH WILL BE HELD, BY OTHERS OR BY LICENSEE IN THE LICENSED FIELD, (C) THAT THE LICENSED PRODUCTS OR THE LICENSED SERVICES DO NOT INFRINGE ANY OTHER PATENTS NOW HELD OR THAT WILL BE UNINTERRUPTED HELD BY OTHERS OR ERROR-FREEBY METHODIST, AND (D) THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ALL OF THE USE CLAIMS OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR PATENT INCLUDED IN THE AGREEMENTLICENSED PATENT RIGHTS ARE VALID.

Appears in 1 contract

Samples: Patent and Know How License Agreement (Coya Therapeutics, Inc.)

Disclaimers of Warranties. PLEASE NOTE 8.1. TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY STATED OTHERWISE HEREIN, THE WEBSITE, SERVICES, INCLUDING THE SOFTWAREANY IMPLEMENTATION OR PROFESSIONAL SERVICES OR SUPPORT, PRODUCTS, OFFERINGS, CONTENT DOCUMENTATION AND MATERIALS WITHIN THE SERVICES, ANY OTHER PRODUCT OR SERVICE PROVIDED TO CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT “AS AVAILABLE.” STRIIM HEREBY DISCLAIMS ALL WARRANTIES OF WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE WEBSITE, THE SERVICES, DOCUMENTATION, ANY KINDPROFESSIONAL SERVICES OR SUPPORT SERVICES, EITHER EXPRESS AND ANY OTHER PRODUCTS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSERVICES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 8.2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER USSTRIIM Nor any of its suppliers ASSUMES ANY RESPONSIBILITY FOR THE SECURITY, NOR TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR TRANSMIT ANY DATA IN, FROM OR TO THE SERVICES. FURTHERMORE, NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF OUR SUBSIDIARIES THE services OR AFFILIATES, NOR ITS INTEROPERABILITY WITH ANY OF OUR OTHER SOFTWARE OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-ERROR FREE, OR THAT DEFECTS ERRORS WILL BE CORRECTED, . NO ORAL OR THAT WRITTEN INFORMATION OR ADVICE GIVEN BY STRIIM OR ANY of its suppliers SHALL IN ANY WAY INCREASE THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE SCOPE OF VIRUSES STRIIM’s WARRANTIES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE OBLIGATIONS UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Service

Disclaimers of Warranties. PLEASE NOTE (a) LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT, BY THIS AGREEMENT, EXCEPT AS EXPRESSLY STATED IN SECTIONS 2.8 AND 2.9, METHODIST DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATION (A) AS TO THE FOLLOWING IMPORTANT DISCLAIMERS OPERABILITY OR FITNESS FOR ANY USE, SAFETY, EFFICACY, ABILITY TO OBTAIN REGULATORY APPROVAL, PATENTABILITY, OR BREADTH OF WARRANTIES: THE SERVICESLICENSED PATENT RIGHTS OR LICENSED KNOW-HOW, INCLUDING (B) AS TO WHETHER THERE ARE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS NOW HELD, OR WHICH WILL BE HELD, BY OTHERS OR BY METHODIST IN THE SOFTWARELICENSED FIELD, PRODUCTS(C) THAT THE LICENSED PRODUCTS OR THE LICENSED SERVICES DO NOT INFRINGE ANY OTHER PATENTS NOW HELD OR THAT WILL BE HELD BY OTHERS OR BY METHODIST, OFFERINGS, CONTENT AND MATERIALS WITHIN (D) THAT ALL OF THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES CLAIMS OF ANY KINDPATENT INCLUDED IN THE LICENSED PATENT RIGHTS ARE VALID. (b) LICENSEE RECOGNIZES THAT THE LICENSED PATENT RIGHTS AND LICENSED KNOW-HOW MAY REQUIRE USE OF TANGIBLE AND INTANGIBLE PROPERTY OF THIRD PARTIES AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR OBTAINING ANY RIGHTS FROM THIRD PARTIES THAT ARE NECESSARY TO REALIZE THE BENEFITS TO SUCH PARTY OF THIS AGREEMENT. (c) METHODIST UNDERSTANDS AND ACKNOWLEDGES THAT, EITHER EXPRESS BY THIS AGREEMENT, LICENSEE DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATION (A) AS TO THE OPERABILITY OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSEANY USE, COMPATIBILITYSAFETY, SECURITYEFFICACY, ACCURACY OR NON-INFRINGEMENT. NEITHER USABILITY TO OBTAIN REGULATORY APPROVAL, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSPATENTABILITY, OR SUPPLIERS WARRANT THAT BREADTH OF THE LICENSED PATENT RIGHTS OR LICENSED KNOW-HOW, (B) AS TO WHETHER THERE ARE ANY FUNCTION CONTAINED PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS NOW HELD, OR WHICH WILL BE HELD, BY OTHERS OR BY LICENSEE IN THE LICENSED FIELD, (C) THAT THE LICENSED PRODUCTS OR THE LICENSED SERVICES DO NOT INFRINGE ANY OTHER PATENTS NOW HELD OR THAT WILL BE UNINTERRUPTED HELD BY OTHERS OR ERROR-FREEBY METHODIST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.AND

Appears in 1 contract

Samples: Patent and Know How License Agreement (Coya Therapeutics, Inc.)

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Disclaimers of Warranties. PLEASE NOTE ENTRATA PROVIDES THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITE "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNON- INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, ACCURACY TRADE, USAGE OR NON-INFRINGEMENTPERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITE. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: Privacy Policy

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESBHGE MAKES NO, INCLUDING THE SOFTWAREAND HEREBY DISCLAIMS ANY AND ALL, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR STATUTORY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS-IS” AND WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING, BHGE HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYSYSTEM INTEGRATION, SECURITY, ACCURACY TITLE OR NON-INFRINGEMENTINFRINGEMENT OR WITH REGARD TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY DATA OR OTHER OUTPUT OF THE SOFTWARE. NEITHER US, NOR BHGE DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT WARRANTY THAT ANY FUNCTION CONTAINED IN THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET LICENSEE’S REQUIREMENTS, OR THAT THE SERVERS SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSDEFECTS, IF ANY, WILL BE CORRECTED. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES BHGE MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE USE OF SOFTWARE. BHGE ASSUMES NO RESPONSIBILITY FOR ANY PRODUCTS, OFFERINGS, OR CONTENTDAMAGES SUFFERED BY LICENSEE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE SERVICESLOSS OF DATA FROM DELAYS, IN TERMS NONDELIVERIES OF THEIR CORRECTNESSCONTENT OR EMAIL, ACCURACYERRORS, RELIABILITYSYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR OTHERWISE. FURTHERSERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BHGE, PLEASE NOTE THAT NO ADVICE ITS AFFILIATES, ITS LICENSORS, OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL AN END USER’S OWN ERRORS AND/OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTOMISSIONS.

Appears in 1 contract

Samples: Software License Agreement

Disclaimers of Warranties. PLEASE NOTE KEYFRAME SPORTS DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING KEYFRAME SPORTS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KEYFRAME SPORTS, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN KEYFRAME SPORTS MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHERDISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER KEYFRAME SPORTS NOR THE KEYFRAME SPORTS ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENTSERVICES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Keyframe Sports makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

Appears in 1 contract

Samples: User Terms of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, VERISIGN’S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR SATISFACTORY QUALITY AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, NOR MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN DO NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATESREPRESENTATION, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSWARRANTY, LICENSEESGUARANTEE, SERVICE PROVIDERSTERM, OR SUPPLIERS WARRANT CONDITION THAT ANY FUNCTION CONTAINED IN THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIREMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES MSC XXXXXXXXX.XXX SDN BHD AND VERISIGN MAKE ANY REPRESENTATIONS REGARDING THE USE REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTSINFORMATION OBTAINED THROUGH VERISIGN’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERISIGN’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, OFFERINGSWARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VERISIGN AND MSC XXXXXXXXX.XXX SDN BHD IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PURCHASED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTA THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE HAYMARKET RECRUITING DOES NOT WARRANT THAT THE FOLLOWING IMPORTANT DISCLAIMERS SITE OR SERVICES WILL OPERATE ERROR­FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF WARRANTIES: COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICESSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCLUDING HAYMARKET RECRUITING IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT SITE AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HAYMARKET RECRUITING, EITHER EXPRESS OR IMPLIED. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN HAYMARKET RECRUITING MAKES NO WARRANTIES ABOUT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISETIMELINESS OF THE SERVICES. FURTHER3 of 4 DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, PLEASE NOTE THAT NO ADVICE NEITHER HAYMARKET RECRUITING NOR THE HAYMARKET RECRUITING ENTITIES OR INFORMATIONTHEIR DIRECTORS, OBTAINED BY EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU FROM OUR PERSONNEL OR THROUGH ARE DISSATISFIED WITH THE SERVICES SERVICES, YOUR EXCLUSIVE REMEDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN BE TO CEASE USING THE AGREEMENT.SERVICES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations

Appears in 1 contract

Samples: Terms and Conditions of Use

Disclaimers of Warranties. PLEASE NOTE CUSTOMER EXPRESSLY AGREES THAT: A. USE OF ANY SERVICE IS AT CUSTOMER’S SOLE RISK. THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SERVICE IS PROVIDED ON AN "AS IS" AND WITHOUT "AS AVAILABLE" BASIS. ZEPHYR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENTINFRINGEMENT WITH RESPECT TO SERVICES OR PRODUCTS MANUFACTURED OR PROVIDED BY THIRD PARTIES. NEITHER USSUCH SERVICES AND PRODUCTS ARE WARRANTED BY THE THIRD PARTIES PROVIDING THEM – NOT BY ZEPHYR. B. ZEPHYR ALSO MAKES NO WARRANTY THAT (i) ANY SERVICE WILL MEET CUSTOMER’S OR ANY USER’S REQUIREMENTS, NOR (ii) ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR (iii) THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, OFFERINGSSERVICES, INFORMATION, OR CONTENTOTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET THE CUSTOMER’S EXPECTATIONS, INCLUDINGAND (v) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A SERVICE OR PRODUCT IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTERS, WITHOUT LIMITATIONSERVERS OR NETWORK OR LOSS OF DATA, BUSINESS OR PROFITS THAT MAY RESULT FROM THE SERVICESDOWNLOAD OF ANY SUCH MATERIAL. D. ANY SECURITY MECHANISMS IMPLEMENTED BY ZEPHYR OR ANY THIRD-PARTIES AT CUSTOMER’S REQUEST MAY HAVE INHERENT LIMITATIONS, IN TERMS AND CUSTOMER MUST DETERMINE FOR ITSELF WHETHER THE SECURITY AND PERFORMANCE OF THEIR CORRECTNESSANY SUCH SERVICE OR PRODUCT SUFFICIENTLY MEETS CUSTOMER’S REQUIREMENTS. ZEPHYR AND ANY THIRD PARTIES THAT PROVIDE SECURITY SERVICES OR PRODUCTS ARE NOT RESPONSIBLE FOR CUSTOMER INFORMATION OR DATA, ACCURACYREVENUE OR PROFITS WHETHER RESIDING ON ZEPHYR, RELIABILITY, CUSTOMER OR OTHERWISE. FURTHER, PLEASE NOTE THAT THIRD-PARTY SERVERS. E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU CUSTOMER FROM OUR PERSONNEL ZEPHYR OR THROUGH THE SERVICES OR FROM A THIRD PARTY PRODUCT OR SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR STATED IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICESSAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESSLY, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE SOFTWAREIMPLIED REPRESENTATIONS, PRODUCTSWARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OFFERINGSFITNESS FOR A PARTICULAR PURPOSE, CONTENT SATISFACTORY QUALITY, ACCURACY AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES NON-INFRINGEMENT OF ANY KINDTHIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, EITHER EXPRESS UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR IMPLIEDERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. WE DISCLAIM SERVICE PROVIDER AND FUJIFILM BI MAKES NO REPRESENTATION THAT SERVICE, OR ANY FEATURE OR PART THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS AGAINST ANY CLAIM BY ANY THIRD PARTY (EXCEPT TO THE EXTENT SUCH CLAIM IS CAUSED BY A NON-EXCUSABLE BREACH BY FUJIFILM BI OF THIS AGREEMENT) IN RESPECT OF OR ARISING FROM; (I) DATA LOSS, DATA CORRUPTION OR DELAY OF DATA DELIVERY; (II) ANY HARMFUL CODES THAT MAY BE INTRODUCED INTO CUSTOMER’S SYSTEMS OR DEVICES THROUGH USE OF SERVICE; OR (III) ALL WARRANTIES, EXPRESS OR IMPLIEDACTS AND OMISSIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY WRONGFUL ACTS, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTSPERSON ACCESSING OR USING SERVICE (OTHER THAN EMPLOYEES OF SERVICE PROVIDER, OFFERINGS, FUJIFILM BI OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ITS SUBCONTRACTOR) AS IF THEY WERE CUSTOMER’S ACTS OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTOMISSIONS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE WE DO NOT WARRANT OR GUARANTEE ANY MINIMUM PRODUCTION, SOLAR OUTPUT, OR BILL CREDIT AMOUNT. DURING THE FOLLOWING IMPORTANT DISCLAIMERS TERM, YOUR ALLOCATION OF WARRANTIES: BILL CREDITS MAY VARY DUE TO WEATHER CONDITIONS, OUTAGES AT THE SERVICESFACILITY OR ON THE UTILITY GRID, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDFOR OTHER REASONS. WE DISCLAIM DO NOT SELL, TRANSMIT OR DISTRIBUTE SOLAR ELECTRICITY TO YOU UNDER THIS AGREEMENT. WE DO NOT PROVIDE YOU WITH OWNERSHIP OF, OR ANY INTEREST IN, ANY SOLAR PANELS, UTILITY INCENTIVES, TAX INCENTIVES, ENVIRONMENTAL ATTRIBUTES, OR RENEWABLE ENERGY CREDITS UNDER THIS AGREEMENT, ALL OF WHICH WILL BE OWNED BY US AND USED BY US AS WE MAY DETERMINE FROM TIME TO TIME. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE FACILITY OR ANY PART THEREOF. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF OR THE PROGRAM OR THE BILL CREDIT RATE, OR THAT THE UTILITY WILL NOT MAKE ANY CORRECTIONS OR ADJUSTMENTS TO METER READINGS. WE DO NOT REPRESENT OR WARRANT THAT ANY CHANGE TO STATE OR FEDERAL LAW OR CHANGES TO THE UTILITY TARIFF OR THE PROGRAM WILL NOT ADVERSELY AFFECT YOU OR WILL NOT CAUSE YOU TO BE INELIGIBLE FOR THE PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTY OR GUARANTEE TO YOU, EXPRESS, IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, AND ASSUME NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, WITH RESPECT TO THE SUBJECT MATTER HEREOF OR IN CONNECTION HEREWITH, AND YOU HEREBY DISCLAIM, WAIVE AND RELEASE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, IMPLIED OR IMPOSED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY OF TITLE OR IMPLIED WARRANTIES MERCHANTABILITY AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY THESE LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE THIS AGREEMENT.

Appears in 1 contract

Samples: Community Solar Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT DEFECTS (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FUJIFILM BI MAKES NO REPRESENTATION THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGSSERVICE, OR CONTENTANY FEATURE OR PART THEREOF, INCLUDINGIS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAWS AND REGULATIONS.

Appears in 1 contract

Samples: Terms and Conditions of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER USWE, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THE SERVICES THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THE SERVICES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER US, WE NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN, OR CONTENTOFFERED THROUGH, INCLUDING, WITHOUT LIMITATION, THE SERVICES, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

Appears in 1 contract

Samples: Subscription Agreement

Disclaimers of Warranties. PLEASE NOTE EXCEPT FOR THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESLIMITED WARRANTY DESCRIBED IN SECTION 9.1 ABOVE AND ITS CPS, INCLUDING THE SOFTWARETREND MICRO EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES WARRANTY OR COVENANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THIS AGREEMENT, ITS CPS OR ANY CERTIFICATE ISSUED HEREUNDER, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY PURPOSE OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF A CERTIFICATE OR ANY PRODUCTS, OFFERINGS, OR CONTENT, SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) PROVIDED BY TREND MICRO AS DESCRIBED HEREIN, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, TREND MICRO FURTHER DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN TERMS FACT OR BY OPERATION OF THEIR CORRECTNESSLAW, ACCURACYTO ANY SUBSCRIBER OR ANY RELYING PARTY THAT (I) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, RELIABILITYENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (II) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR OTHERWISE. FURTHER, PLEASE NOTE (III) THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR INFORMATION CONTAINED IN THE AGREEMENTCERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY TREND MICRO, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. IT IS AGREED AND ACKNOWLEDGED THAT SUBSCRIBERS ARE LIABLE FOR ANY MISREPRESENTATIONS MADE TO TREND MICRO AND RELIED UPON BY A RELYING PARTY. TREND MICRO DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE "NON-REPUDIATION" BY A SUBSCRIBER AND/OR RELYING PARTY OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER AND/OR RELYING PARTY INVOLVING THE USE OF OR RELIANCE UPON A CERTIFICATE. IT IS UNDERSTOOD AND AGREED UPON BY SUBSCRIBERS AND RELYING PARTIES THAT IN USING AND/OR RELYING UPON A CERTIFICATE THEY ARE SOLELY RESPONSIBLE FOR THEIR RELIANCE UPON THAT CERTIFICATE AND THAT SUCH PARTIES MUST CONSIDER THE FACTS, CIRCUMSTANCES AND CONTEXT SURROUNDING THE TRANSACTION IN WHICH THE CERTIFICATE IS USED IN DETERMINING SUCH RELIANCE. THE SUBSCRIBERS AND RELYING PARTIES AGREE AND ACKNOWLEDGE THAT CERTIFICATES HAVE A LIMITED OPERATIONAL PERIOD AND MAY BE REVOKED AT ANY TIME. SUBSCRIBERS AND RELYING PARTIES ARE UNDER AN OBLIGATION TO VERIFY WHETHER A CERTIFICATE IS EXPIRED OR HAS BEEN REVOKED. TREND MICRO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO SUBSCRIBERS AND RELYING PARTIES WHO DO NOT FOLLOW SUCH PROCEDURES. MORE INFORMATION ABOUT THE SITUATIONS IN WHICH A CERTIFICATE MAY BE REVOKED CAN BE FOUND IN SECTION 3.10 OF TREND MICRO’S CPS. Trend Micro provides no warranties with respect to another party's software, hardware or telecommunications or networking equipment utilized in connection with the use, issuance, revocation or management of Certificates or providing other services (including, without limitation, any support services) with respect to this Agreement or its CPS. Subscribers and Relying Parties agree and acknowledge that Trend Micro is not responsible or liable for any misrepresentations or incomplete representations of Certificates or any information contained therein caused by another party's application software or graphical user interfaces. The cryptographic key-generation technology used by Subscribers and Relying Parties in conjunction with the Certificates may or may not be subject to the intellectual property rights of third parties. It is the responsibility of Subscribers and Relying Parties to ensure that they are using technology that is properly licensed or to otherwise obtain the right to use such technology.

Appears in 1 contract

Samples: Trend Micro SSL Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS ‍DISCLAIMERS OF WARRANTIES: . TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND ALL OTHER DOCUMENTATION AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WITH ALL FAULTS. Tagit MAKES NO WARRANTIES OF ANY KINDWITH RESPECT TO THE Tagit PROPERTIES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE TITLE, ACCURACY, INTERFERENCE WITH PLATFORM’S QUIET ENJOYMENT, SYSTEM INTEGRATION, NONINFRINGEMENT, MERCHANTABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY THE ENTIRE RISK ARISING OUT OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS PERFORMANCE OF THE USE Tagit PROPERTIES IS WITH PLATFORM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tagit OR ITS AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF ANY PRODUCTSTHIS WARRANTY. ‍‍5. LIMITATION OF LIABILITY. ‍IN NO EVENT WILL Tagit BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OFFERINGSLOST PROFITS, LOST DATA, OR CONTENTANY SPECIAL, INCLUDINGINDIRECT, WITHOUT LIMITATIONCONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF Tagit HAS BEEN ADVISED OF THE SERVICESPOSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY, IN TERMS RELATED TO THIS AGREEMENT, OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISETagit AND ITS SUPPLIERS SHALL BE LIMITED TO ONE THOUSAND DOLLARS (U.S. $1,000). FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTPlatform agrees that the limitations of liability set forth in this Section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. Platform acknowledges that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between Platform and Tagit. ‍‍6.

Appears in 1 contract

Samples: Terms of Service

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, VERISIGN'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 12, NOR VERISIGN DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DO WE MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTTAINED THORUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEOUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL US OR THROUGH THE OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOUR FROM A THIRD PARTY.

Appears in 1 contract

Samples: Authentic Document Service Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD- PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY TITLE AND NON- INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR NON-INFRINGEMENT. NEITHER USTHE SERVICES WILL MEET YOUR REQUIREMENTS, NOR WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORMATION, OR SUPPLIERS WARRANT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIME AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL MX THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE AGREEMENTSERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Online Banking Service Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES(a) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT EACH PARTY HERETO MAKES NO REPRESENTATIONS AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS BASED ON COURSE OF DEALING, USAGE OR TRADE. (b) FURTHERMORE, WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5.2, THE UB PRODUCTS ARE LICENSED EXCLUSIVELY ON AN “AS IS” BASIS, AND UB DOES NOT WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES UB PRODUCTS WILL BE FREE FROM ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE USE, OR THE RESULTS OF THE USE USE, OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, SUCH UB PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR SUITABILITY FOR LICENSEE’S BUSINESS, TECHNICAL OR OPERATIONAL REQUIREMENTS, OR OTHERWISE. (c) LICENSEE EXPRESSLY ACKNOWLEDGES THAT THE UB PRODUCTS, OR PORTIONS THEREOF, ARE DERIVED FROM THIRD-PARTY SOURCES WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE U.S. GOVERNMENT AS WELL AS SHIP MANIFESTS AND OTHER DOCUMENTS SUBMITTED BY STEAMSHIP COMPANIES TO THE U.S. CUSTOMS SERVICE. FURTHERCONSIGNEES AND SHIPPERS MAY BE MANUFACTURERS, PLEASE NOTE THAT NO ADVICE AGENTS, FREIGHT FORWARDERS, TRADING COMPANIES, DISTRIBUTORS, FURTHER PROCESSORS, PROCESSORS, ETC. FURTHERMORE, THIRD-PARTY CONTENT AND DATA ARE NOT NECESSARILY THE OPINIONS NOR REPRESENTATIVE OF THE VIEWS OF UB. ACCORDINGLY, UB, ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT AND CANNOT GUARANTEE THE ACCURACY, CONTENT, OR INFORMATIONTIMELINESS OF THE UB PRODUCTS, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR USE OF WHICH LICENSEE ACKNOWLEDGES IS SOLELY AT ITS OWN RISK. THE QUOTATIONS CONTAINED IN UB PRODUCTS REPRESENT TO THE BEST OF REPORTERS’ KNOWLEDGE PREVAILING WHOLESALE VALUES IN THE AGREEMENTSPECIFIED CUTS AND GRADES OF EACH COMMODITY. THE USE OF QUOTATIONS FOR CONTRACTUAL OR OTHER PURPOSES IS BEYOND THE PUBLISHER’S CONTROL AND THEY WILL IN NO CASE ASSUME ANY RESPONSIBILITY FOR SUCH USE OR FOR ANY DAMAGES THAT MAY RESULT FROM SUCH USE. THE FOREGOING WARRANTIES DO NOT APPLY, AND LICENSOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD- PARTY MATERIALS.

Appears in 1 contract

Samples: License Agreement

Disclaimers of Warranties. PLEASE NOTE (a) GRANTEE REPRESENTS THAT IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE FOLLOWING IMPORTANT DISCLAIMERS OPPORTUNITY TO INSPECT THE PROPERTIES AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF WARRANTIES: THE SERVICESPURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), INCLUDING AGREES TO ACCEPT THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT PHYSICAL AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ENVIRONMENTAL CONDITION OF SAME ON AN “AS IS-WHERE ISBASIS SUBJECT TO THE TERMS OF THIS CONVEYANCE AND THE PURCHASE AND SALE AGREEMENT. GRANTEE ACKNOWLEDGES ALSO THAT PHYSICAL CHANGES IN THE PROPERTIES OR ADJACENT LANDS MAY HAVE OCCURRED AS A CONSEQUENCE OF THE OIL AND GAS DRILLING, PRODUCTION AND RELATED OPERATIONS CONDUCTED ON THE MINERAL INTERESTS. SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF THE PURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), GRANTEE ACKNOWLEDGES THAT THE PROPERTIES MAY CONTAIN UNPLUGGED OR IMPROPERLY PLUGGED XXXXX, WELLBORES OR BURIED PIPELINES OR OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT NOW BE KNOWN TO GRANTOR OR BE READILY APPARENT FROM A PHYSICAL INSPECTION OF THE PROPERTY, AND GRANTEE ASSUMES THE OBLIGATION AND LIABILITY THAT GRANTOR HAS, OR MAY HAVE HAD, TO (b) GRANTEE RELEASES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY LIABILITY WITH RESPECT TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTIES, OTHER THAN AS MAY BE PROVIDED FOR UNDER THIS CONVEYANCE AND THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), WHETHER OR NOT CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP, AND WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH GRANTOR’S OWNERSHIP OF THE PROPERTIES OR USE OF THE PROPERTIES BEFORE OR AT THE EFFECTIVE DATE. WITHOUT WARRANTIES LIMITING THE ABOVE, GRANTEE WAIVES ANY RIGHT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), TO RECOVER FROM GRANTOR OR ANY KINDMEMBER OF SELLER GROUP AND, EITHER EXPRESS EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR IMPLIED. WE DISCLAIM THE PURCHASE AND SALE AGREEMENT, FOREVER RELEASES AND DISCHARGES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY AND ALL WARRANTIESDAMAGES, CLAIMS, LOSSES, LIABILITIES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS AND EXPENSES WHATSOEVER, (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS), WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH THE PHYSICAL CONDITION OF THE PROPERTIES OR ANY LAW OR REGULATION APPLICABLE THERETO, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL LAW AND ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW, WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH, GRANTOR’S OWNERSHIP OF THE PROPERTIES OR USE OF THE PROPERTIES AT OR PRIOR TO THE EFFECTIVE DATE, AND WHETHER OR NOT ATTRIBUTABLE TO THE STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP OR TO THE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE OF GRANTOR OR ANY MEMBER OF SELLER GROUP, EXCEPT IF CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR OR ANY MEMBER OF SELLER GROUP PRIOR TO CLOSING. (c) GRANTEE ACKNOWLEDGES THAT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 6.1 THEREOF AND THE CERTIFICATE PROVIDED AT CLOSING PURSUANT TO SECTION 5.3(g) THEREOF), NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED RELATING TO WARRANTIES THE CONDITION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY IMMOVABLE ASSETS, FITNESS FOR PARTICULAR PURPOSEMOVABLE PROPERTY, COMPATIBILITYEQUIPMENT, SECURITYINVENTORY, ACCURACY OR NON-INFRINGEMENT. NEITHER USMACHINERY, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FIXTURES AND PERSONAL PROPERTY CONSTITUTING PART OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, PROPERTY (INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY (b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (d) ANY RIGHTS OF GRANTEE UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE SERVICESPURCHASE PRICE, (e) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT, (f) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR OTHER VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, AND (g) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, IT BEING THE EXPRESS INTENTION OF GRANTOR AND GRANTEE THAT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY SHALL BE CONVEYED TO GRANTEE AS IS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS GRANTEE DEEMS APPROPRIATE AND GRANTEE WILL ACCEPT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS IS, IN TERMS THEIR PRESENT CONDITION AND STATE OF THEIR CORRECTNESSREPAIR. (d) GRANTOR HEREBY EXPRESSLY NEGATES AND DISCLAIMS, ACCURACYAND GRANTEE HEREBY WAIVES, RELIABILITYAND ACKNOWLEDGES THAT, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY EXCEPT AS PROVIDED FOR IN THE AGREEMENTPURCHASE AND SALE AGREEMENT OR THIS CONVEYANCE, NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTEE IS NOT RELYING UPON, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR OTHER ASSURANCE RELATING TO (a) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR VERBAL) NOW, HERETOFORE, OR HEREAFTER FURNISHED TO GRANTEE BY OR ON BEHALF OF GRANTOR OR (b) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GEOLOGICAL OR GEOPHYSICAL DATA OR INTERPRETATIONS, THE QUALITY, QUANTITY, RECOVERABILITY OR COST OF RECOVERY OF ANY HYDROCARBON RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, OR THE ABILITY TO SELL OR MARKET ANY HYDROCARBONS AFTER CLOSING. (e) GRANTEE ACKNOWLEDGES THAT SOME OILFIELD PRODUCTION EQUIPMENT INCLUDED WITHIN THE ASSETS MAY CONTAIN ASBESTOS AND/OR NATURALLY OCCURRING RADIOACTIVE MATERIAL (“NORM”). GRANTEE SPECIFICALLY ACKNOWLEDGES THAT NORM MAY AFFIX OR ATTACH ITSELF TO THE INSIDE OF WELLBORES, MATERIALS AND EQUIPMENT AS SCALE OR IN OTHER FORMS, AND THAT XXXXX, MATERIALS AND EQUIPMENT INCLUDED WITHIN THE ASSETS AND/OR LOCATED ON A MINERAL INTEREST MAY CONTAIN NORM AND NORM-CONTAINING MATERIAL MAY HAVE BEEN DISPOSED OF ON OR OFF OF A PROPERTY. GRANTEE UNDERSTANDS THAT, INASMUCH AS THE PRESENCE OF ASBESTOS AND/OR NORM MAY CONSTITUTE A HEALTH HAZARD, SPECIAL SAFETY AND HANDLING PROCEDURES MAY BE REQUIRED FOR THE REMOVAL AND DISPOSAL OF ASBESTOS AND NORM FROM THE PROPERTIES IF AND WHERE SUCH MAY BE FOUND. (f) EXCEPT WITH RESPECT TO SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT AND THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION 1.2, (A) GRANTOR SHALL CONVEY GRANTOR’S INTERESTS IN AND TO THE ASSETS TO GRANTEE WITHOUT ANY WARRANTY OF TITLE, EXPRESS OR IMPLIED AND (B) GRANTOR DOES NOT MAKE OR PROVIDE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS) AND GRANTEE HEREBY WAIVES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR OTHER ASSURANCES CONCERNING THE DESCRIPTION OF THE MINERAL INTERESTS, INCLUDING LISTINGS OF NET MINERAL ACRES, PERCENTAGE WORKING INTERESTS OR PERCENTAGE NET REVENUE INTERESTS. (g) GRANTEE ACKNOWLEDGES THAT THE DISCLAIMERS, WAIVERS AND RELEASES CONTAINED IN THIS SECTION 1.3 AND ELSEWHERE IN THIS CONVEYANCE ARE CONSPICUOUS.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED “AS IS” AND WITHOUT “AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, its affiliates, and our and their respective third-party providers, partners, licensors, employees, distributors and agents DISCLAIM ANY AND ALL WARRANTIES OF WITH RESPECT TO THE SITE, THE SERVICES AND ANY KINDTHIRD-PARTY SERVICES, EITHER EXPRESS IN WHOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY OR TITLE AND NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREESECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE QUALITY OF ANY PRODUCTS, OFFERINGSSERVICES, INFORMATION, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OTHER MATERIALS PURCHASED OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITE AND/OR THE SERVICES SHALL CREATE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY WARRANTY NOT EXPRESSLY PROVIDED FOR ERRORS IN THE AGREEMENT.TECHNOLOGY WILL BE CORRECTED,

Appears in 1 contract

Samples: E Sign Agreement and Disclosure

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ( a) YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARESITE, AND ALL INFORMATION, PRODUCTS, OFFERINGSSERVICES, AND OTHER CONTENT AND MATERIALS WITHIN (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; ( b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH M X ARE BEING PROVIDED "AS IS" AND WITHOUT WARRANTIES OF "AS AVAILABLE"; ( c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD- PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY KINDAND ALL W ARRANTIES WITH RESPECT TO THE SITE, EITHER EXPRESS THE SERVICES AND ANY THIRD- PARTY SERVICES, IN W HOLE OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDIN PART, INCLUDING BUT NOT LIMITED TO WARRANTIES (i) ANY IMPLIED W ARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYMERCHANTABILITY, SECURITYFUNCTIONALITY, ACCURACY TITLE AND NON -INFRINGEMENT, (ii) REPRESENTATIONS AND W ARRANTIES THAT THE SITE OR NON-INFRINGEMENT. NEITHER USTHE SERVICES WILL M EET YOUR REQUIREM ENTS, NOR WILL BE SECURE, THAT THE QUALITY OF ANY OF OUR SUBSIDIARIES OR AFFILIATESPRODUCTS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORSSERVICES, LICENSEES, SERVICE PROVIDERSINFORM ATION, OR SUPPLIERS WARRANT OTHER M ATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL M EET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY FUNCTION CONTAINED ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IM PLIED W ARRANTIES ARISING FROM COURSE OF DEALING A ND COURSE OF PERFORM ANCE, (iv) ANY W ARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COM PREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD- PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARR ANTY THAT THE SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, XXX XXX, VIRUS- FREE OR ERROR-ERROR- FREE, AND ( vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORM ATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT M AY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECT ION OF DEFECTS WILL BE CORRECTEDIN THE SERVICES, OR THAT THE SERVERS THAT MAKE SERVICES WILL OPERATE IN COM BINATION WITH ANY OTHER HARDWARE OR SOFTW ARE; ( d) ANY M ATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK; ( e) YOU ARE FREE OF VIRUSES SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COM PUTER SYSTEM OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY DEVICE OR LOSS OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DATA THAT RESULTS FROM YOUR USE OR THE RESULTS OF THE SERVICES OR THIRD - PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR - FREE USE OF ANY PRODUCTSTHE SERVICES AND THAT INTERRUPTIONS, OFFERINGSCRASHES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, DOWNTIM E AND DELAY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESERVICES MAY OCCUR. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL MX THROUGH OR THROUGH FROM THE SERVICES SHALL WILL CREATE ANY WARRANTY W ARRANTY NOT EXPRESSLY PROVIDED FOR STATED IN THESE TERMS. SOM E JURISDICTIONS DO NOT ALLOW THE AGREEMENTEXCLUSION OF CERTAIN W ARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: E Sign Agreement

Disclaimers of Warranties. PLEASE NOTE AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: EXCHANGE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION THEREWITH AND MATERIALS WITHIN THAT THE SERVICES, SERVICES ARE PROVIDED ON AN “AS IS” AND WITHOUT BASIS AT AUTHORIZED CUSTOMER’S SOLE RISK. THE EXCHANGE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE EXCHANGE, NASDAQ NOR THEIR DIRECTORS, MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES, OR AGENTS MAKE ANY KINDWARRANTY WITH RESPECT TO, EITHER EXPRESS AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO AUTHORIZED CUSTOMER FOR, (I) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, OR IMPLIEDCONTINUED AVAILABILITY OF THE SERVICES, (II) ERRORS, DEFECTS, DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE SERVICES, (III) THE CREDITWORTHINESS OF ANY OTHER AUTHORIZED CUSTOMER, OR (IV) THE ACTS OR OMISSIONS OF ANY USERS AUTHORIZED BY AUTHORIZED CUSTOMER TO USE THE SERVICES ON BEHALF OF AUTHORIZED CUSTOMER. WE DISCLAIM ALL WARRANTIESTHE EXCHANGE WILL HAVE NO DUTY OR OBLIGATION TO VERIFY THE ACCURACY OR CORRECTNESS OF ANY INFORMATION MADE AVAILABLE THROUGH OR ON THE SERVICES. AUTHORIZED CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCHANGE DOES NOT AND SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY DECISIONS MADE BY AUTHORIZED CUSTOMER AND THAT THE EXCHANGE IS NOT A FIDUCIARY OF AUTHORIZED CUSTOMER. WITHOUT LIMITATION OF THE FOREGOING, EXPRESS THE AUTHORIZED CUSTOMER ACKNOWLEDGES, AGREES AND ACCEPTS THAT THE EXCHANGE SHALL HAVE NO LIABILITY OR IMPLIEDRESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO THE AUTHORIZED CUSTOMER’S RELATIONSHIP OR DEALINGS WITH ITS OWN CUSTOMERS, INCLUDING BUT NOT LIMITED TO WARRANTIES THE EXECUTION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE TRANSACTIONS OR THE RESULTS ACCURACY OF ANY INFORMATION SUBMITTED THROUGH THE TRADING SYSTEM IN CONNECTION WITH THE AUTHORIZED CUSTOMER’S USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS ALL OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH WHICH SHALL BE THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN SOLE RESPONSIBILITY OF THE AGREEMENTAUTHORIZED CUSTOMER.

Appears in 1 contract

Samples: Off Exchange Reporting Broker Agreement

Disclaimers of Warranties. PLEASE NOTE YOU AGREE THAT USE OF THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT WEBSITE AND MATERIALS WITHIN THE SERVICES, APPLICATIONS IS AT YOUR SOLE RISK. OUR WEBSITE AND APPLICATIONS ARE PROVIDED ON AN "AS IS" AND WITHOUT WARRANTIES OF ANY KIND"AS AVAILABLE" BASIS. SALES LEAD MULTIPLIER INC. ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIESAGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, EXPRESS OR IMPLIEDCOMPLETENESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYCURRENTNESS, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERSMERCHANTABILITY, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES WILL INFORMATION, MATERIALS AND APPLICATIONS AVAILABLE THROUGH OUR WEBSITE OR APPLICATIONS. WE DO NOT GUARANTEE OUR WEBSITE OR APPLICATIONS TO BE UNINTERRUPTED OR ERROR-ERROR- FREE, THAT DEFECTS WILL BE CORRECTEDSECURE, CONTINUOUSLY AVAILABLE OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER USTO THE EXTENT ALLOWED UNDER LAW, NOR ANY SALES LEAD MULTIPLIER INC. DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OUR SUBSIDIARIES MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE, AND NONINFRINGEMENT. SALES LEAD MULTIPLIER DOES NOT GUARANTEE THAT THE APPLICATIONS WILL FUNCTION WITHOUT INTERRUPTION OR AFFILIATESERRORS. SALES LEAD MULTIPLIER INC. PROVIDES THE APPLICATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS AS TO THE CONTENT, NOR ANY OF OUR QUALITY, SUITABILITY, FUNCTIONALITY OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LEGALITY OF ANY PRODUCTSINFORMATION, OFFERINGSGOODS, OR CONTENTSERVICES THAT YOU OR OTHER USERS OFFER, OR TO WHICH YOU OR OTHER USERS MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO YOUR INFORMATION, GOODS, AND SERVICES OR THOSE OF OTHER USERS. ALL MATTERS CONCERNING SUCH INFORMATION, GOODS, OR SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE, AND DELIVERY, ARE SOLELY BETWEEN YOU AND THE SERVICESCONTACTS WITH WHOM YOU CHOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY OF YOUR INFORMATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYGOODS, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED SERVICES PROVIDED BY YOU FROM OUR PERSONNEL OR THROUGH OTHER USERS. YOU WILL NOT CONSIDER US - NOR WILL WE BE DEEMED - A PARTY TO SUCH TRANSACTIONS, WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REMUNERATION IN CONNECTION WITH THE SERVICES SHALL CREATE TRANSACTION. WE WILL NOT BE LIABLE FOR ANY WARRANTY COSTS OR DAMAGES ARISING OUT OF ANY TRANSACTION (WHETHER DIRECTLY OR INDIRECTLY) BETWEEN YOU AND ANY OTHER PERSON OR ENTITY. SOME LAWS DO NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimers of Warranties. PLEASE NOTE 1) TO THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND WITHOUT "AS AVAILABLE". SERVICE PROVIDER, FB AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KINDAND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESS EXPRESSLY, IMPLIED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITYSATISFACTORY QUALITY, ACCURACY OR AND NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD PARTY RIGHTS. NEITHER US, NOR SERVICE PROVIDER AND FB FURTHER DISCLAIM ANY OF OUR SUBSIDIARIES WARRANTY THAT (A) SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT DEFECTS (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2) SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FB MAKES NO REPRESENTATION THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGSSERVICE, OR CONTENTANY FEATURE OR PART THEREOF, INCLUDINGIS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAWS AND REGULATIONS.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT DTD AND MATERIALS WITHIN THE SERVICES, PRODUCT DATA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES TRC (ON BEHALF OF ANY KINDITSELF AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM LICENSORS AND SERVICE PROVIDERS) HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE DTD AND PRODUCT DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITYNONINFRINGEMENT, SUITABILITY, ACCURACY OF DATA OR NON-INFRINGEMENTSYSTEM INTEGRATION, INTEGRITY, UPTIME AND/OR AVAILABILITY, OR ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER US, NOR ANY TRC (ON BEHALF OF OUR SUBSIDIARIES OR ITSELF AND ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, OR SUPPLIERS ) DOES NOT WARRANT THAT ANY FUNCTION THE FUNCTIONS CONTAINED IN THE SERVICES DTD AND PRODUCT DATA WILL MEET YOUR OR YOUR EMPLOYER’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR ERROR-FREEWORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE OPERATION THEREOF WILL BE SECURE, UNINTERRUPTED, FREE OF FROM BUGS, VIRUSES OR ERRORS OR OTHER HARMFUL COMPONENTSPROGRAM LIMITATIONS. NEITHER USYOU ACKNOWLEDGES AND AGREES THAT ITS USE OF AND ANY RELIANCE UPON THE DTD AND PRODUCT DATA IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE DTD MAY NOT BE AVAILABLE, NOR DUE TO: (I) SCHEDULED SYSTEM BACKUP OR OTHER ON-GOING MAINTENANCE PERIODS; (II) ANY EMERGENCY MAINTENANCE PERIOD THAT TRC, AT ITS SOLE DISCRETION, DETERMINES IS NECESSARY; (III) ANY UNFORESEEN CAUSE BEYOND TRC’S REASONABLE CONTROL, INCLUDING INTERNET SERVICE PROVIDER OR COMMUNICATIONS NETWORK FAILURES, DENIAL OF OUR SUBSIDIARIES SERVICE ATTACKS OR AFFILIATESSIMILAR ATTACKS, NOR OR ANY FORCE MAJEURE EVENTS; OR (IV) DELAYS CAUSED BY EQUIPMENT PROVIDED BY YOU. YOU ACKNOWLEDGE THAT TRC RELIES ON THIRD-PARTY PROVIDERS AND SYSTEMS, HARDWARE AND NETWORKS, INCLUDING FOR HOSTING, COMMUNICATIONS AND CONNECTIVITY, AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN INTERRUPTIONS IN SERVICES, AND LOSS OR CORRUPTION OF OUR DATA. TRC IS NOT RESPONSIBLE TO YOU HEREUNDER FOR THE ACTIONS OR THEIR RESPECTIVE LICENSORSINACTIONS OF THIRD-PARTY SYSTEMS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE LICENSORS THAT TRC USES TO PROVIDER THE DTD, INCLUDING ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FAILURE OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTPERFORMANCE HEREUNDER ARISING THEREFROM.

Appears in 1 contract

Samples: Terms of Use

Disclaimers of Warranties. PLEASE NOTE PROPERTY MANAGEMENT COMPANY, AND ENTRATA ON PROPERTY MANAGEMENT COMPANY'S BEHALF, PROVIDE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED “SITES "AS IS" AND WITHOUT "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITYTITLE, SECURITY, ACCURACY OR NON-INFRINGEMENTINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. NEITHER USSOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NOR ANY AND THEREFORE SOME OF OUR SUBSIDIARIES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR AFFILIATES, NOR ANY USE WITH THE SITES. IF YOUR USE OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED THE SITE RESULTS IN THE SERVICES WILL BE UNINTERRUPTED NEED FOR SERVICING OR ERROR-FREEREPLACING PROPERTY, THAT DEFECTS WILL BE CORRECTEDMATERIAL, EQUIPMENT OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE DATA, WE ARE FREE OF VIRUSES NOT RESPONSIBLE FOR ANY RESULTING COSTS OR OTHER HARMFUL COMPONENTSDAMAGES. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTKIND.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS YOU AGREE THAT YOUR USE OF WARRANTIES: THE SERVICES, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND WITHOUT AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR PURPOSE AND NON-INFRINGEMENT. NEITHER USOTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 6, NOR GEOTRUST DOES NOT MAKE ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, WARRANTY THAT THE SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTEDMEET YOUR REQUIRMENTS, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR OTHER HARMFUL COMPONENTS. NEITHER US, ERROR FREE; NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR DOES GEOTRUST MAKE ANY REPRESENTATIONS REGARDING THE USE OR WARRANTY AS TO THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY PRODUCTS, OFFERINGS, INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IN TERMS USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEGEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR PERSONNEL GEOTRUST OR THROUGH THE GEOTRUST'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR IN THE AGREEMENTAND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimers of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICESEXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE SOFTWARE, PRODUCTS, OFFERINGS, STATE OF NEW JERSEY: THE WEBSITE AND ALL CONTENT AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS” AND ", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, COMPATIBILITYAND EXPRESSLY DISCLAIM ANY AND ALL, SECURITYREPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, ACCURACY TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR NON-INFRINGEMENTCOMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. NEITHER USWE DO NOT REPRESENT OR WARRANT, NOR ANY AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT (F) THE SERVERS WEBSITE OR THE SERVER(S) THAT MAKE THE SERVICES WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER USALL CONDITIONS, NOR ANY OF OUR SUBSIDIARIES REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENTOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SERVICESANY IMPLIED WARRANTY OF MERCHANTABILITY, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITYFITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. FURTHERNON-INFRINGEMENT OF THIRD PARTY RIGHTS, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers of Warranties. PLEASE NOTE (a) GRANTEE REPRESENTS THAT IT HAS INSPECTED OR HAS OR WILL BE GIVEN THE FOLLOWING IMPORTANT DISCLAIMERS OPPORTUNITY TO INSPECT THE PROPERTIES AND SUBJECT TO GRANTEE’S RIGHTS UNDER SECTION 3.2 OF WARRANTIES: THE SERVICESPURCHASE AND SALE AGREEMENT AND ARTICLE 11 OF THE PURCHASE AND SALE AGREEMENT (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT), INCLUDING AGREES TO ACCEPT THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT PHYSICAL AND MATERIALS WITHIN THE SERVICES, ARE PROVIDED ENVIRONMENTAL CONDITION OF SAME ON AN “AS IS-WHERE ISBASIS SUBJECT TO THE TERMS OF THIS CONVEYANCE AND THE PURCHASE AND SALE AGREEMENT. GRANTEE ACKNOWLEDGES (b) GRANTEE RELEASES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY LIABILITY WITH RESPECT TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTIES, OTHER THAN AS MAY BE PROVIDED FOR UNDER THIS CONVEYANCE AND THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), WHETHER OR NOT CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP, AND WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH GRANTOR’S OWNERSHIP OF THE PROPERTIES OR USE OF THE PROPERTIES BEFORE OR AT THE EFFECTIVE DATE. WITHOUT WARRANTIES LIMITING THE ABOVE, GRANTEE WAIVES ANY RIGHT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 3.2 THEREOF AND ARTICLE 11 THEREOF (INCLUDING BREACHES OF GRANTOR’S REPRESENTATIONS IN SECTION 6.1 THEREOF)), TO RECOVER FROM GRANTOR OR ANY KINDMEMBER OF SELLER GROUP AND, EITHER EXPRESS EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR IMPLIED. WE DISCLAIM THE PURCHASE AND SALE AGREEMENT, FOREVER RELEASES AND DISCHARGES GRANTOR AND EACH MEMBER OF SELLER GROUP FROM ANY AND ALL WARRANTIESDAMAGES, CLAIMS, LOSSES, LIABILITIES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS AND EXPENSES WHATSOEVER, (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS), WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH THE PHYSICAL CONDITION OF THE PROPERTIES OR ANY LAW OR REGULATION APPLICABLE THERETO, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL LAW AND ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW, WHETHER OR NOT ARISING DURING THE PERIOD OF, OR FROM, OR IN CONNECTION WITH, GRANTOR’S OWNERSHIP OF THE PROPERTIES OR USE OF THE PROPERTIES AT OR PRIOR TO THE EFFECTIVE DATE, AND WHETHER OR NOT ATTRIBUTABLE TO THE STRICT LIABILITY OF GRANTOR OR ANY MEMBER OF SELLER GROUP OR TO THE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE OF GRANTOR OR ANY MEMBER OF SELLER GROUP, EXCEPT IF CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR OR ANY MEMBER OF SELLER GROUP PRIOR TO CLOSING. (c) GRANTEE ACKNOWLEDGES THAT, EXCEPT TO THE EXTENT PROVIDED FOR IN THIS CONVEYANCE OR THE PURCHASE AND SALE AGREEMENT (INCLUDING SECTION 6.1 THEREOF AND THE CERTIFICATE PROVIDED AT CLOSING PURSUANT TO SECTION 5.3(g) THEREOF), NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED RELATING TO WARRANTIES THE CONDITION OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYANY IMMOVABLE ASSETS, FITNESS FOR PARTICULAR PURPOSEMOVABLE PROPERTY, COMPATIBILITYEQUIPMENT, SECURITYINVENTORY, ACCURACY OR NON-INFRINGEMENT. NEITHER USMACHINERY, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FIXTURES AND PERSONAL PROPERTY CONSTITUTING PART OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, PROPERTY (INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY (b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (d) ANY RIGHTS OF GRANTEE UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE SERVICESPURCHASE PRICE, (e) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT, (f) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR OTHER VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, AND (g) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, IT BEING THE EXPRESS INTENTION OF GRANTOR AND GRANTEE THAT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY SHALL BE CONVEYED TO GRANTEE AS IS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS GRANTEE DEEMS APPROPRIATE AND GRANTEE WILL ACCEPT THE IMMOVABLE PROPERTY, MOVABLE PROPERTY, EQUIPMENT, INVENTORY, MACHINERY, FIXTURES AND PERSONAL PROPERTY AS IS, IN TERMS THEIR PRESENT CONDITION AND STATE OF THEIR CORRECTNESSREPAIR. (d) GRANTOR HEREBY EXPRESSLY NEGATES AND DISCLAIMS, ACCURACYAND GRANTEE HEREBY WAIVES, RELIABILITYAND ACKNOWLEDGES THAT, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY EXCEPT AS PROVIDED FOR IN THE AGREEMENTPURCHASE AND SALE AGREEMENT OR THIS CONVEYANCE, NONE OF GRANTOR, ANY MEMBER OF SELLER GROUP, OR ANY PERSON ACTING ON BEHALF OF GRANTOR, HAS MADE, AND GRANTEE IS NOT RELYING UPON, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR OTHER ASSURANCE RELATING TO (a) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR VERBAL) NOW, HERETOFORE, OR HEREAFTER FURNISHED TO GRANTEE BY OR ON BEHALF OF GRANTOR OR (b) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GEOLOGICAL OR GEOPHYSICAL DATA OR INTERPRETATIONS, THE QUALITY, QUANTITY, RECOVERABILITY OR COST OF RECOVERY OF ANY HYDROCARBON RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, OR THE ABILITY TO SELL OR MARKET ANY HYDROCARBONS AFTER CLOSING. (e) GRANTEE ACKNOWLEDGES THAT SOME OILFIELD PRODUCTION EQUIPMENT INCLUDED WITHIN THE ASSETS MAY CONTAIN ASBESTOS AND/OR NATURALLY OCCURRING RADIOACTIVE MATERIAL (“NORM”). GRANTEE SPECIFICALLY ACKNOWLEDGES THAT NORM MAY AFFIX OR ATTACH ITSELF TO THE INSIDE OF WELLBORES, MATERIALS AND EQUIPMENT AS SCALE OR IN OTHER FORMS, AND THAT XXXXX, MATERIALS AND EQUIPMENT INCLUDED WITHIN THE ASSETS AND/OR LOCATED ON A MINERAL INTEREST MAY CONTAIN NORM AND NORM-CONTAINING MATERIAL MAY HAVE BEEN DISPOSED OF ON OR OFF OF A PROPERTY. GRANTEE UNDERSTANDS THAT, INASMUCH AS THE PRESENCE OF ASBESTOS AND/OR NORM MAY CONSTITUTE A HEALTH HAZARD, SPECIAL SAFETY AND HANDLING PROCEDURES MAY BE REQUIRED FOR THE REMOVAL AND DISPOSAL OF ASBESTOS AND NORM FROM THE PROPERTIES IF AND WHERE SUCH MAY BE FOUND. (f) EXCEPT WITH RESPECT TO SECTION 6.1 OF THE PURCHASE AND SALE AGREEMENT AND THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION 1.2, (A) GRANTOR SHALL CONVEY GRANTOR’S INTERESTS IN AND TO THE ASSETS TO GRANTEE WITHOUT ANY WARRANTY OF TITLE, EXPRESS OR IMPLIED AND (B) GRANTOR DOES NOT MAKE OR PROVIDE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS) AND GRANTEE HEREBY WAIVES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR OTHER ASSURANCES CONCERNING THE DESCRIPTION OF THE MINERAL INTERESTS, INCLUDING LISTINGS OF NET MINERAL ACRES, PERCENTAGE WORKING INTERESTS OR PERCENTAGE NET REVENUE INTERESTS. (g) GRANTEE ACKNOWLEDGES THAT THE DISCLAIMERS, WAIVERS AND RELEASES CONTAINED IN THIS SECTION 1.3 AND ELSEWHERE IN THIS CONVEYANCE ARE CONSPICUOUS.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Fuel Gas Co)

Disclaimers of Warranties. PLEASE NOTE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FOLLOWING IMPORTANT DISCLAIMERS SERVICES OR TO YOUR DOWNLOADING OF WARRANTIES: ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING SERVICES IS AT YOUR OWN RISK. THE SOFTWARE, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS WITHIN THE SERVICES, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM NEITHER REGROUP NOR ANY PERSON ASSOCIATED WITH REGROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, QUALITY, OR ACCURACY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER REGROUP NOR ANYONE ASSOCIATED WITH REGROUP REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED (WITH THE EXCEPTION OF KNOWN SECURITY VULNERABILITES ON REGROUP’S PLATFORM, WHICH WILL BE ADDRESSED BY REGROUP AS SOON AS POSSIBLE), OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. REGROUP HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY . THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR NON-INFRINGEMENT. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT ANY FUNCTION CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER US, NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, OFFERINGS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENTLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Subscription Agreement

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