Common use of Exclusion of Certain Warranties Clause in Contracts

Exclusion of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT DIRECT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE SERVICES, SOFTWARE, AND DELIVERABLES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG OR ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONTENT DIRECT SYSTEM, INCLUDING THE SERVICES, PRODUCTS, SOFTWARE AND DELIVERABLES BEING PROVIDED ARE NOT WARRANTED TO BE ERROR-FREE OR FREE FROM INTERRUPTION. INDEMNIFICATION

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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Exclusion of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT DIRECT SYSTEMPRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SERVICES, ANY THIRD PARTY SOFTWARE, AND DELIVERABLESTHE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG OR CSG, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONTENT DIRECT SYSTEM, INCLUDING THE SERVICES, PRODUCTS, SOFTWARE PRODUCTS AND DELIVERABLES SERVICES BEING PROVIDED ARE NOT WARRANTED TO BE ERROR-FREE OR FREE FROM INTERRUPTION. INDEMNIFICATIONBUT CSG REPRESENTS THAT IT WILL USE REASONABLE COMMERICAL EFFORTS TO CORRECT SUCH ERRORS.

Appears in 2 contracts

Samples: CSG Master Subscriber Management System Agreement (CSG Systems International Inc), CSG Master Subscriber Management System Agreement (CSG Systems International Inc)

Exclusion of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES OF EACH PARTY, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO THE CONTENT DIRECT SYSTEMPRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SERVICES, ANY THIRD-PARTY SOFTWARE, AND DELIVERABLESTHE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG OR ITS EITHER PARTY, THEIR AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONTENT DIRECT SYSTEM, INCLUDING THE SERVICES, PRODUCTS, SOFTWARE PRODUCTS AND DELIVERABLES SERVICES BEING PROVIDED ARE NOT WARRANTED TO BE ERROR-FREE OR FREE FROM INTERRUPTION. INDEMNIFICATIONBUT CSG REPRESENTS THAT IT WILL USE ALL COMMERCIALLY REASONABLE EFFORTS TO CORRECT SUCH ERRORS.

Appears in 1 contract

Samples: CSG Master Subscriber Management System Agreement (CSG Systems International Inc)

Exclusion of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT DIRECT CONFLUENCE SYSTEM, INCLUDINGDOCUMENTATION, WITHOUT LIMITATION, THE DELIVERABLES AND SERVICES, SOFTWARE, AND DELIVERABLES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG OR CONFLUENCE, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. CUSTOMER TEMPE ACKNOWLEDGES AND AGREES THAT THE CONTENT DIRECT SYSTEMCONFLUENCE SYSTEM IS PROVIDED “AS IS” AND THAT THE KONA, INCLUDING THE SERVICESDELIVERABLES, PRODUCTS, SOFTWARE AND DELIVERABLES SERVICES BEING PROVIDED ARE NOT WARRANTED BY CONFLUENCE TO BE ERROR-FREE OR FREE FROM INTERRUPTION. INDEMNIFICATION.

Appears in 1 contract

Samples: Master License and Services Agreement

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Exclusion of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS MASTER AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT DIRECT SYSTEM, INCLUDING, WITHOUT LIMITATIONPRODUCTS, THE SERVICESINCORPORATED THIRD PARTY SOFTWARE, OTHER THIRD PARTY SOFTWARE, AND DELIVERABLESTHE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG OR CSG, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONTENT DIRECT SYSTEM, INCLUDING THE SERVICES, PRODUCTS, SOFTWARE PRODUCTS AND DELIVERABLES SERVICES BEING PROVIDED ARE NOT WARRANTED TO BE ERROR-FREE FREE. CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES FOR THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR FREE FROM INTERRUPTION. INDEMNIFICATIONOUTSIDE THEIR RESPECTIVE COMPANIES.

Appears in 1 contract

Samples: Telecommunications (Renaissance Media Capital Corp)

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