Common use of Exclusion of All Other Terms Clause in Contracts

Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the guarantee above, AMTM TECH INC disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the AMTM TECH INC Guarantee, AMTM TECH INC and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if AMTM TECH INC has been advised of the possibility of such damages. In any case AMTM TECH INC's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if AMTM TECH INC breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, AMTM TECH INC's liability is limited, at AMTM TECH INC's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

AutoNDA by SimpleDocs

Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the guarantee above, AMTM TECH INC EverMap disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the AMTM TECH INC EverMap Guarantee, AMTM TECH INC EverMap and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if AMTM TECH INC EverMap has been advised of the possibility of such damages. In any case AMTM TECH INCEverMap's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if AMTM TECH INC EverMap breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, AMTM TECH INCEverMap's liability is limited, at AMTM TECH INCEverMap's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Appears in 2 contracts

Samples: End User License Agreement for Evermap Software, License Agreement

Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the guarantee above, AMTM TECH INC EverMap disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the AMTM TECH INC EverMap Guarantee, AMTM TECH INC EverMap and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if AMTM TECH INC EverMap has been advised of the possibility of such damages. In any case AMTM TECH INCXxxxXxx's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if AMTM TECH INC EverMap breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, AMTM TECH INCEverMap's liability is limited, at AMTM TECH INCEverMap's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Appears in 1 contract

Samples: License Agreement

AutoNDA by SimpleDocs

Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the guarantee above, AMTM TECH INC SCOM2K7 disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the AMTM TECH INC SCOM2K7 Guarantee, AMTM TECH INC SCOM2K7 and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if AMTM TECH INC SCOM2K7 has been advised of the possibility of such damages. In any case AMTM TECH INCSCOM2K7's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if AMTM TECH INC SCOM2K7 breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, AMTM TECH INCSCOM2K7's liability is limited, at AMTM TECH INCSCOM2K7's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.:

Appears in 1 contract

Samples: End User License Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.