Exclusion of Warranties and Limitation of Liability. 7.1 To the maximum extent permitted by applicable law in the jurisdiction in which the Software is supplied, StonikByte and its third party suppliers provide the Software AS IS AND WITH ALL FAULTS, and except otherwise expressly contained in the XXXX, hereby disclaim all other warranties and conditions, whether express, implied or statutory.
7.2 To the maximum extent permitted by applicable law, in no event shall StonikByte or its third party suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide any services, information, Software, and related content arising out of the use of the Software, or otherwise under or in connection with any provision of this XXXX, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of StonikByte or any third party supplier, and even if StonikByte or any third party supplier has been advised of the possibility of such damages.
Exclusion of Warranties and Limitation of Liability. The services under this Agreement are subject to the following:
A. SPECIFIC EXCLUSION OF WARRANTIES. THE EXPRESS WARRANTIES SET OUT IN THIS AGREEMENT, IF ANY, ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT OR OTHERWISE) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, THE COUNTY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF THE AGENCY OR THAT THE OPERATION OF PRODUCTS PROVIDED HEREUNDER WILL BE FREE FROM INTERRUPTION OR ERRORS.
Exclusion of Warranties and Limitation of Liability. 8.1. All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website are hereby expressly excluded to the fullest extent permissible by law.
8.2. You warrant to ‘Bakers and Cakers’ that:
(a) you are an independent Xxxxx and or Cake maker;
(b) you have the authority and capacity to enter into and be bound by these Seller Terms;
(c) the Content and other information provided to ‘Bakers and Cakers’ is true, accurate and correct and that you shall promptly notify ’Bakers and Cakers’ in the event of any changes to such information;
(d) the Product, the Content and your right to sell or make the Product available on the Website using the Services, or your use of the Services, do not infringe any third party Intellectual Property Rights, proprietary rights or rights of publicity or privacy and do not violate any applicable laws, legislation, statute, ordinance and/or regulations;
(e) the Content is not and may not be deemed defamatory, libellous, obscene, pornographic, threatening, harassing; and
(f) the Content does not contain any viruses, Trojans, worms, time bombs, cancel bots or other programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Exclusion of Warranties and Limitation of Liability. 5.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE EXPRESS WARRANTIES SET OUT IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT OR OTHERWISE) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, TAN DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION OF PRODUCTS PROVIDED HEREUNDER WILL BE FREE FROM INTERRUPTION OR ERRORS.
Exclusion of Warranties and Limitation of Liability. 10.1 Subject to this Agreement and except to the extent that applicable laws prohibit the exclusion or modification of particular warranties:
(a) DS does not make any warranties or representations in relation to the performance or availability of the Darzin Software or the correctness of the Darzin Software or any Reports, the purposes for which the Darzin Software or Reports can be used or the outcomes that will be obtained by using the Darzin Software or Reports; and
(b) all implied terms, conditions and warranties of any type are excluded including, without limitation, warranties in relation to fitness for purpose, non-infringement of intellectual property or other rights and accuracy.
10.2 You agree that, subject to applicable laws, your rights under this paragraph 10 set out DS’s sole liability to you for breach of this Agreement or otherwise.
10.3 Other than for liability under clause 5.4 our maximum liability to you for direct loss is limited to the cost of providing the Darzin Software or generating the Reports again. Other than liability under clause 5.4 in no event shall our cumulative liability for any claim arising in connection with this Agreement exceed the amount of the total fees and charges paid to us for Support Services by Customer during the six (6) months preceding any such claim.
10.4 The support services under this Agreement will be provided in a xxxxxxx-like manner by individuals who are knowledgeable in the operation of the Licenced Software. All software bug fixes, work-arounds, Error corrections and Minor or Major Enhancements are provided on an "AS IS" basis. This Agreement does not augment or alter the warranties provided under the Licenced Software’s licence or any other agreements between the Customer and us.
10.5 Nothing in this Agreement limits or excludes our liability to you for fraud, personal injury or death caused by our negligenc e or for any liability which cannot be excluded by applicable laws.
10.6 Subject to paragraph 5.4 , you agree that we are not liable to you for:
(a) any special, indirect, exemplary, incidental or consequential loss or damage of any kind, however caused, even if we knew or should have known of the possibility of such damages and whether or not such damages are foreseeable; or
(b) loss of profits, loss of revenue, loss of savings or loss of data, even if the possibility or likelihood of such loss has been communicated by you to us.
10.7 If applicable laws prohibit the exclusion of liability as...
Exclusion of Warranties and Limitation of Liability. CSA EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE USE OR PERFORMANCE OF THE EQUIPMENT AND SOFTWARE OR ANY METER READ COLLECTION METHOD PROVIDED BY CSA. YOU EXPRESSLY ACKNOWLEDGE THAT THE FURNISHING OF MAINTENANCE SERVICE UNDER THIS AGREEMENT DOES NOT ASSURE UNINTERRUPTED OPERATION AND USE OF THE EQUIPMENT, SOFTWARE OR METER COLLECTION METHODS. CSA SHALL NOT BE LIABLE FOR INJURY OR DAMAGE EXCEPT TO THE EXTENT CAUSED BY CSA’S NEGLIGENCE OR WILLFUL MISCONDUCT. CSA SHALL NOT BE LIABLE FOR EXPENDITURES FOR SUBSTITUTE EQUIPMENT OR SERVICES, LOSS OF REVENUE OR PROFIT, LOSS, CORRUPTION OR RELEASE OF DATA, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, STORAGE CHARGES OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Warranties and Limitation of Liability. Your use of the Service is at your own risk. The Service and related documentation is provided "as is." We disclaim all warranties of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose and non-infringement. We make no warranty that the Service (a) will be uninterrupted, timely, secure or error-free; (b) that the results from the Service will be accurate or reliable; and (c) that any errors will be corrected. You agree that we will not be liable for any direct, indirect, consequential, special, or exemplary damages, including without limitation damages for loss of profits, use, data, goodwill or other losses resulting from use or inability to use the Service or the termination of the Service, regardless of the form of action or claim, even if LLFCU has been informed of the possibility thereof.
Exclusion of Warranties and Limitation of Liability. Your use of the Service is at your own risk. The Service and related documentation is provided "as is." We disclaim all warranties of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose and non-infringement. We make no warranty that the Service
Exclusion of Warranties and Limitation of Liability. NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED EXCEPT AS SET FORTH HEREIN. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. A CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF ANY DEFECTIVE PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT DURING THE WARRANTY PERIOD, AT TELLABS' OPTION. UNDER NO CIRCUMSTANCES WILL TELLABS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL TELLABS' LIABILITY UNDER THIS WARRANTY POLICY EXCEED THE PURCHASE PRICE OR LICENSE FEE PAID BY A CUSTOMER FOR THE PRODUCT. TELLABS PRODUCT SCREENING SERVICE ------------------------------------------------------------------------------ For customers with product in inventory with uncertain operational status, Tellabs offers a product screening service. During the product screening, a pass/fail test is performed on your product to determine if the product meets its applicable Tellabs product specifications. Please contact the Tellabs Product Services Department at 630.378.8800 for further details. PROCEDURE FOR REPAIR AND RETURN ------------------------------------------------------------------------------- When a product requires repair service, contact the Tellabs Product Services Department at 630.378.8800 and request a Material Return Authorization (MRA) number. A service representative will request your company's name and address; the product's model number, issue number and warranty date code; and, the purchase order number for the return transaction. The service representative will then assign an MRA number that identifies your particular transaction. After you obtain the MRA number, write the number clearly on the outside of the carton being returned. Enclose an explanation of the malfunction, your company name and address, the name of a person to contact for further information and the purchase order number for the transaction. Then send the product, freight prepaid, to: Tellabs Operations, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxxx 00000 Attn: Product Services, MRA No.______ Product returned without an MRA number may be subject to return to the customer without repair. Tellabs will inspect the returned product. If the product is in warranty and found defective, Tellabs...
Exclusion of Warranties and Limitation of Liability. 7.1. To the maximum extent permitted by applicable law in the jurisdiction in which the Software is supplied, Teamlead LLC and its third party suppliers provide the Software AS IS AND WITH ALL FAULTS, and except otherwise expressly contained in the XXXX, hereby disclaim all other warranties and conditions, whether express, implied or statutory.
7.2. All Software is not designed to collect, store, and use any kind of sensitive information like Personally Identifiable Information, Financial data, Source code, etc. Using Software in this way is fully responsible of the Authorized User.
7.3. To the maximum extent permitted by applicable law, in no event shall Teamlead LLC or its third party suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide any services, information, Software, and related content arising out of the use of the Software, or otherwise under or in connection with any provision of this XXXX, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Teamlead LLC or any third party supplier, and even if Teamlead LLC or any third party supplier has been advised of the possibility of such damages.