Common use of EXCLUSION OF WARRANTIES AND CONDITIONS Clause in Contracts

EXCLUSION OF WARRANTIES AND CONDITIONS. THE OIP KIT IS PROVIDED "AS IS". CCH AND ITS AFFILATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE OIP KIT, AND CCH AND ITS AFFILATES MAKE NO CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS THAT THE OIP KIT IS FREE OF DEFECTS, VIRUS-FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE OIP KIT, ITS PERFORMANCE OR ITS FAILURE TO PERFORM. PARTNER AGREES TO ASSUME ALL RISKS ASSOCIATED WITH PARTNER’S AND ANY AUTHORIZED USER’S USE OF OR INABILITY TO USE THE OIP KIT. PARTNER IS RESPONSIBLE FOR TAKING PRECAUTIONARY MEASURES TO PREVENT THE LOSS OR DESTRUCTION OF PARTNER’S DATA AND DATABASES SUCH AS, FOR EXAMPLE, MAKING REGULAR BACK-UPS AND VERIFYING THE RESULTS OBTAINED FROM USING THE OIP KIT, AND CCH AND ITS AFFILIATES SHALL HAVE NO OBLIGATIONS OR LIABILITY WHATSOEVER WITH RESPECT TO ANY SUCH LOSS OR DESTRUCTION.

EXCLUSION OF WARRANTIES AND CONDITIONS. THE OIP KIT IS PROVIDED "AS IS". CCH AND ITS AFFILATES AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE OIP KITOIP, AND CCH AND ITS AFFILATES AFFILIATES MAKE NO CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS THAT THE OIP KIT IS FREE OF DEFECTS, VIRUS-FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE OIP KITOIP, ITS PERFORMANCE OR ITS FAILURE TO PERFORM. PARTNER INTEGRATOR AGREES TO ASSUME ALL RISKS ASSOCIATED WITH PARTNERINTEGRATOR’S AND ANY AUTHORIZED USER’S USE OF OR INABILITY TO USE THE OIP KITOIP. PARTNER INTEGRATOR IS RESPONSIBLE FOR TAKING PRECAUTIONARY MEASURES TO PREVENT THE LOSS OR DESTRUCTION OF PARTNERINTEGRATOR’S DATA AND DATABASES SUCH AS, FOR EXAMPLE, MAKING REGULAR BACK-UPS AND VERIFYING THE RESULTS OBTAINED FROM USING THE OIP KITOIP, AND CCH AND ITS AFFILIATES SHALL HAVE NO OBLIGATIONS OR LIABILITY WHATSOEVER WITH RESPECT TO ANY SUCH LOSS OR DESTRUCTION.

EXCLUSION OF WARRANTIES AND CONDITIONS. THE OIP KIT IS STS TEST SYSTEM AND SDK ARE PROVIDED "AS IS". CCH AND ITS AFFILATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE OIP KITWARRANTIES, AND CCH AND ITS AFFILATES MAKE THERE ARE NO CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS THAT THE OIP KIT IS FREE OF DEFECTS, VIRUS-FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE OIP KITSTS TEST SYSTEM, ITS PERFORMANCE OR ITS FAILURE TO PERFORM. PARTNER AGREES YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH PARTNER’S YOUR AND ANY YOUR AUTHORIZED USER’S USERS' USE OF OR INABILITY TO USE THE OIP KITSTS TEST SYSTEM AND SDK. PARTNER IS YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONARY MEASURES TO PREVENT THE LOSS OR DESTRUCTION OF PARTNER’S DATA AND YOUR DATA, DATABASES OR INTEGRATSIONS SUCH AS, FOR EXAMPLE, MAKING REGULAR BACK-UPS AND VERIFYING THE RESULTS OBTAINED FROM USING THE OIP KITSDK, AND CCH AND ITS AFFILIATES SHALL HAVE NO OBLIGATIONS OR LIABILITY WHATSOEVER WITH RESPECT TO ANY SUCH LOSS OR DESTRUCTION.