Common use of EXCEPT AS Clause in Contracts

EXCEPT AS. EXPRESSLY STATED IN SECTIONS 7.1 AND 7.2 ABOVE, THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE PROGRAMS, OTHER PRODUCTS, ENTERPRISE SUPPORT OR OTHER SERVICES OR GOODS FURNISHED HEREUNDER OR IN CONNECTION HEREWITH. MACOLA SOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF SYSTEMS INTEGRATION, OR COMPLIANCE WITH UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA). MACOLA SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. Further, Macola Software does not warrant that the Programs will appear precisely as described in the Documentation or that all errors will be corrected. The delivery of an Update or Correction does not extend any warranty for a Program. Macola Software is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the Products nor for problems in the interaction of the Products with non-Macola Software- provided software. The Products may include functionality that will enable Customer to access tax calculation, reporting, and address verification modules and/or services, either as a locally installed solution or accessible over the internet. Macola Software disclaims any and all representations, warranties, and liability of any kind or nature regarding Customer’s use of any such module or service, including but not limited to accuracy, security of information, privacy, and/or availability. In the event Programs, Corrections or Updates are delivered to Customer via the Internet, Macola Software shall not be responsible for any interception or interruption of any communications sent through the Internet, or for changes to or losses of data through the Internet unless such interception or interruption results from Macola Software's gross negligence or willful misconduct. Macola Software shall in no event be responsible for the consequences of changes or modifications to the Programs made by anyone other than Macola Software.

EXCEPT AS. EXPRESSLY STATED IN SECTIONS 7.1 AND 7.2 ABOVE, THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE PROGRAMS, OTHER PRODUCTS, ENTERPRISE SUPPORT OR OTHER SERVICES OR GOODS FURNISHED HEREUNDER OR IN CONNECTION HEREWITH. MACOLA SOFTWARE ECI AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF SYSTEMS INTEGRATION, OR COMPLIANCE WITH UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA). MACOLA SOFTWARE ECI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. Further, Macola Software ECI does not warrant that the Programs will appear precisely as described in the Documentation or that all errors will be corrected. The delivery of an Update or Correction does not extend any warranty for a Program. Macola Software ECI is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the Products nor for problems in the interaction of the Products with non-Macola Software- ECI-provided software. The Products may include functionality that will enable Customer to access tax calculation, reporting, and address verification modules and/or services, either as a locally installed solution or accessible over the internet. Macola Software ECI disclaims any and all representations, warranties, and liability of any kind or nature regarding Customer’s use of any such module or service, including but not limited to accuracy, security of information, privacy, and/or availability. In the event Programs, Corrections or Updates are delivered to Customer via the Internet, Macola Software ECI shall not be responsible for any interception or interruption of any communications sent through the Internet, or for changes to or losses of data through the Internet unless such interception or interruption results from Macola SoftwareECI's gross negligence or willful misconduct. Macola Software ECI shall in no event be responsible for the consequences of changes or modifications to the Programs made by anyone other than Macola SoftwareECI.

EXCEPT AS. EXPRESSLY STATED IN SECTIONS 7.1 AND 7.2 ABOVE, THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE PROGRAMS, OTHER PRODUCTS, ENTERPRISE SUPPORT OR OTHER SERVICES OR GOODS FURNISHED HEREUNDER OR IN CONNECTION HEREWITH. MACOLA SOFTWARE ECI AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, ANY IMPLIED WARRANTY PURPOSE OR OF SYSTEMS INTEGRATION, OR COMPLIANCE WITH UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA). MACOLA SOFTWARE ECI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. Further, Macola Software ECi does not warrant that the Programs will appear precisely as described in the Documentation or that all errors will be corrected. The delivery of an Update or Correction does not extend any warranty for a Program. Macola Software ECi is not responsible for for, and will not be liable for, problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the Products Products, nor for problems in the interaction of the Products with non-Macola Software- ECi-provided software. The Products may include functionality that will enable Customer to access tax calculation, reporting, and address verification modules and/or services, either as a locally installed solution or accessible over the internet. Macola Software ECi disclaims any and all representations, warranties, conditions, and liability of any kind or nature regarding Customer’s use of any such module or service, including including, but not limited to to, accuracy, security of information, privacy, and/or availability. In the event Programs, Corrections or Updates are delivered to Customer via the Internet, Macola Software ECi shall not be responsible for any interception or interruption of any communications sent through the Internet, or for changes to or losses of data through the Internet unless such interception or interruption results from Macola SoftwareECi's gross negligence or willful misconduct. Macola Software ECi shall in no event be responsible for the consequences of changes or modifications to the Programs made by anyone other than Macola SoftwareECi. Customer acknowledges and agrees that ECi may enforce this Section 7.4 on behalf of ECi’s direct and indirect suppliers as their agent and trustee.

EXCEPT AS. EXPRESSLY STATED IN SECTIONS 7.1 AND 7.2 ABOVE, THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE PROGRAMS, OTHER PRODUCTS, ENTERPRISE SUPPORT OR OTHER SERVICES OR GOODS FURNISHED HEREUNDER OR IN CONNECTION HEREWITH. MACOLA SOFTWARE EXACT AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF SYSTEMS INTEGRATION, OR COMPLIANCE WITH UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA). MACOLA SOFTWARE EXACT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. Further, Macola Software Exact does not warrant that the Programs will appear precisely as described in the Documentation or that all errors will be corrected. The delivery of an Update or Correction does not extend any warranty for a Program. Macola Software Exact is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the Products nor for problems in the interaction of the Products with non-Macola Software- Exact-provided software. The Products may include functionality that will enable Customer to access tax calculation, reporting, and address verification modules and/or services, either as a locally installed solution or accessible over the internet. Macola Software Exact disclaims any and all representations, warranties, and liability of any kind or nature regarding Customer’s use of any such module or service, including but not limited to accuracy, security of information, privacy, and/or availability. In the event Programs, Corrections or Updates are delivered to Customer via the Internet, Macola Software Exact shall not be responsible for any interception or interruption of any communications sent through the Internet, or for changes to or losses of data through the Internet unless such interception or interruption results from Macola SoftwareExact's gross negligence or willful misconduct. Macola Software Exact shall in no event be responsible for the consequences of changes or modifications to the Programs made by anyone other than Macola SoftwareExact.