Exclusions, and Conditions and Limitations of Services Sample Clauses

Exclusions, and Conditions and Limitations of Services. Company has no obligation to render warranty or Support Services with respect to Errors in the use or functioning of the Software caused by any (i) hardware or software product (including but not limited to operating systems, networks, and third party software) not provided to Customer by Company, (ii) use of the Software inconsistent with the Documentation or other than as permitted in this Agreement, or (iii) modification of the Software by any person or entity other than one authorized by Company (including, without limitation, any modifications to Software which by their nature and functionality are modifiable by Customer). If Company provides Services for any Error caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Company’s Support Services efforts are increased as a result, Company reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including travel and per diem expenses. The Company customer service representative will notify a caller as soon as the billable status of the call is determined. The caller may terminate the call at that time without charge.
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Exclusions, and Conditions and Limitations of Services. Lyniate has no obligation to render warranty or Support Services with respect to Errors in the use or functioning of the Software caused by any (i) hardware or software product (including but not limited to operating systems, networks, and third party software) not provided to Customer by Lyniate, (ii) use of the Software inconsistent with the Documentation or other than as permitted in this Agreement, or (iii) modification of the Software by any person or entity other than one authorized by Lyniate (including, without limitation, any modifications to Software which by their nature and functionality are modifiable by Customer). If Lyniate provides Services for any Error caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Lyniate’s Support Services efforts are increased as a result, Lyniate reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including travel and per diem expenses. The Lyniate customer service representative will notify a caller as soon as the billable status of the call is determined. The caller may terminate the call at that time without charge.
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Related to Exclusions, and Conditions and Limitations of Services

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • GENERAL EXCLUSIONS AND LIMITATIONS 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered Items as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas of a Covered Property around covered Items to ensure that these Items are able to function properly as specified by the manufacturer.

  • Warranties and Limitations of Liability Certica represents that it has the right to grant this License. CERTICA MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

  • Limitations on Warranties 14.1 Notwithstanding anything else in this Agreement, neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the incompetence of the Authorized Users to properly use the Licensed Materials.

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