GENERAL DISCLAIMER/ASSUMPTION OF RISKS Sample Clauses

GENERAL DISCLAIMER/ASSUMPTION OF RISKS. THE COMPANY DOES NOT WARRANT, REPRESENT, GUARANTEE OR PROMISE THAT ANY SOFTWARE OR SERVICES WILL MEET YOUR FUNCTIONAL NEEDS OR PERFORMANCE REQUIREMENTS, OR THAT SOFTWARE WILL ALWAYS BE COMPATIBLE WITH VARIOUS OTHER APPLICATIONS OPERATING ON, OR CHANGES MADE TO, THE OPERATING SYSTEM OF YOUR CLIENT OR OTHER COMPUTING DEVICES. YOU AGREE AND UNDERSTAND THAT THE SOFTWARE IS ONLY DESIGNED AND INTENDED TO OPERATE ON THE VERSION OF THE OPERATING SYSTEM AND SPECIFIED AUTHORIZED HARDWARE, AND INSTALLATION AND USE ON OTHER DEVICES OR VERSIONS OF OPERATING SYSTEMS OR HARDWARE MAY NOT FUNCTION AS INTENDED OR AT ALL. YOU FURTHER ACCEPT THE INHERENT RISKS OF USING THE SOFTWARE AND SERVICES WITH ALL POSSIBLE FAULTS AND CONDITIONS WHICH MAY ARISE OR IMPAIR THEIR USE OR OPERATION, INCLUDING THE FAILURE, INTERRUPTION OR DEGRADATION OF COMMUNICATIONS TRANSMISSIONS, ERRONEOUS, INACCURATE, INTERRUPTIONS OR LOSS OF ACCESS TO GEO-POSITIONING DATA OR LOCATION INFORMATION, DELAYS OR LOSS OF SERVICES DUE TO LACK OF WIRELESS DATA OR COMMUNICATIONS COVERAGE, THIRD PARTY DENIAL OF SERVICE ATTACKS OR OTHER CYBER-ATTACKS, THIRD PARTY ORIGINATED MALICIOUS EXECUTABLES, VIRUSES OR TROJAN SOFTWARE, INTERRUPTIONS FROM UNINTENTIONAL OR INTENTIONAL ELECTRONIC INTERFERENCE OR JAMMING OF COMMUNICATIONS, THIRD PARTY CARRIER THROTTLING OF COMMUNICATIONS OR DATA CAPACITY OR DENIAL OF ACCESS DUE TO OVER USE, CONGESTION OR OTHER CONDITIONS, THIRD PARTY SURREPTITIOUS MONITORING OR EAVESDROPPING, UNLAWFUL OR UNAUTHORIZED COPYING OR REPRODUCTION OF INFORMATION SENT BY OR THROUGH ANY SOFTWARE OR SERVICES BY OR THROUGH AUTHORIZED USERS OR OTHER THIRD PARTIES, MESSAGE OR COMMUNICATION DEGRADATION THROUGH PACKET LOSS, TRANSMISSION DELAYS, MISROUTING OR REROUTING OF COMMUNICATIONS THROUGH THIRD PARTY EQUIPMENT OR NETWORKS, FAILURE OR DAMAGE OR DESTRUCTION TO HARDWARE DEVICES OR EQUIPMENT NECESSARY FOR THE ROUTING, DELIVERY, ACCESSING, AUTHENTICATING OR PROCESSING OF COMMUNICATIONS OR AUTHENTICATION OF AUTHROIZED USERS, SUCH AS, BUT NOT LIMITED TO SERVERS, ROUTERS AND STORAGE DEVICES USED IN CONNECTION WITH THE DELIVERY OF SAAS, NETWORK ACCESS SERVICES OR DATA SERVICES. WITHOUT LIMITING THE FOREGOING, ALL PUBLIC SAFETY, EMERGENCY, SECURITY, HEALTH AND SAFETY, AND CRITICAL SERVICE PERSONNEL UNDERSTAND AND ACCEPT ALL RISKS INHERENT WITH WIRELESS COMMUNICATIONS AND RELATED APPLICATION SOFTWARE AND UNDERSTAND THAT THE POTENTIAL RISK OF INJURY OR DEATH MAY OCCUR DUE TO A LOSS OF COMMUNICATIONS, AND NO USER SHOULD R...
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Related to GENERAL DISCLAIMER/ASSUMPTION OF RISKS

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:

  • Representations and Warranties Borrower represents and warrants as follows:

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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