Liability Disclaimer. 12.1. THE PRODUCT IS DELIVERED "AS IS." THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITY, AND SCOPE OF PATENT RIGHTS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. THE LICENSOR EXTENDS NO WARRANTIES OF ANY KIND AS TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIME.
12.2. IN NO EVENT SHALL THE LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE, OR LOST PROFITS, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.
12.3. IF, BY OPERATION OF LAW OR OTHERWISE, ANY OF THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLE, CUSTOMER’S SOLE REMEDY AGAINST THE LICENSOR, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY, SHALL BE REPLACEMENT OF THE LICENSED PRODUCT.
Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AZUL VISION INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. AZUL VISION INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AZUL VISION INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AZUL VISION INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AZUL VISION INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Liability Disclaimer. Each of the Parties understands and agrees that except for quantity, type, quality and price quotations confirmed by the Parties in Confirmed Orders pursuant to this Exhibit “A”, the planned production rates, estimated costs, pricing and market information, and all other information furnished by the Parties in the preparation of the Delivery Schedules is for planning and informational purposes only. Neither Party shall be responsible to the other for any actions taken in reliance on such estimates, plans and other information.
Liability Disclaimer. The Web Site and the Tools and any content or software contained therein or accessible therefrom are provided “as is”. We make no representation or warranties of any kind regarding the accuracy, timeliness or completeness of any information or financial market related quotes contained within or available through the use of the Tools or Web Site without limitation. This includes any information provided by third parties either on the website or accessible by using the Tools. Except to the extent required by any applicable laws, OANDA without limitation disclaims any express or implied warranties or conditions as to non-infringement, merchantability or fitness for any particular purpose and does not warrant that the Web Site or The Tools or any content therein will be uninterrupted or error free or that defects will be corrected. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. Officers, Employees, Agents, Vendors Suppliers or Distributors be liable to you or any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirect, special, incidental, punitive or consequential loss or damages.
(d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly or indirectly attributable to the use of or inability to use the tools or website or content contained thereon even if OANDA has been informed of that possibility. If you are dissatisfied with any tools or any portion of the Web Site or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the Tools.
Liability Disclaimer. No review or approval of plans, specifications or other information or documentation by Lessor shall constitute a representation or warranty by Lessor that such plans, specifications or other information or documentation satisfy any applicable laws or other requirements or will provide for a safe operation, and no such review or approval shall make Lessor otherwise liable with respect thereto. Lessee shall be solely responsible for determining whether its plans, specifications, construction and maintenance meet its needs, satisfy applicable laws and other requirements and will provide for a safe operation.
Liability Disclaimer. Under no circumstances whatsoever shall the Bank be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Collateral, of any nature or kind whatsoever, or any matter or proceedings arising out of or relating thereto. The Bank shall not be required to take any action of any kind to collect or protect any interest in the Collateral, including but not limited to any action necessary to preserve its or the undersigned's rights against prior parties to any of the Collateral. The Bank shall not be liable or responsible in any way for the safekeeping, care or custody of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act or default of any agent or bailee of the Bank or the undersigned, or of any carrier, forwarding agency or other person whomsoever, or for the collection of any proceeds, but the same shall be at the undersigned's sole risk at all times. The undersigned hereby releases the Bank from any claims, causes of action and demands at any time arising out of or with respect to this Agreement or the Obligations, and any actions taken or omitted to be taken by the Bank with respect thereto, and the undersigned agrees to defend and hold the Bank harmless from and with respect to any and all such claims, causes of action and demands. The Bank's prior recourse to any part of all of the Collateral shall not constitute a condition of any demand for payment of the Obligations or of any suit or other proceeding for the collection of the Obligations.
Liability Disclaimer. This rental equipment has been received in good condition and will be returned in the same condition (ordinary wear and accepted)
Liability Disclaimer. A Party is not liable to any other Party or Member in any action or claim for Economic Harm, irrespective of any foreseeability of that harm.
Liability Disclaimer. In no event shall Oregon Media, LLC be liable as the result of any error, delay, or omission beyond Oregon Media, LLC's reasonable control, including without limitation any fire, act of god, labor strike, war, civil insurrection, or the like. Oregon Media, LLC's liability, if any, relating to or arising out of the placement of the advertisement in the magazine or web site or any error, delay, or omission relating thereto shall not exceed the amounts actually paid by Advertiser and/or Agency for placing the advertisement, and in no event shall Oregon Media, LLC be liable for any loss of income, indirect damages, consequential damages, treble or enhanced damages, statutory damages, or punitive damages of any nature regardless of the theory of liability.
Liability Disclaimer. The real estate agent(s) shall not be liable in any way for damages incurred pertaining to which inspector or inspectors are chosen to conduct the inspection, the results of any inspections or findings of any Parties in connection with an inspection, or the expense of any party in connection with this or any other provision forming part of this Contract. Seller warrants that as of the date the Contract was signed, Seller has not received any written notification from any governmental agency requesting any repairs, replacements or alterations to the Property, which have not been satisfactorily made or disclosed to the Buyer in writing and will promptly inform Buyer of any such notice received prior to Closing.
