Common use of Liability Disclaimer Clause in Contracts

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.

Appears in 3 contracts

Samples: Enterprise License Agreement, Enterprise License Agreement, Enterprise License Agreement

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Liability Disclaimer. 12.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE PRODUCT IS DELIVERED INFORMATION HEREIN. VG TALENT & SERVICES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. VG TALENT & SERVICES LLC 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." THE LICENSOR MAKES NO REPRESENTATIONS WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. VG TALENT & SERVICES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF TITLE AND NON- INFRINGEMENT. TO THE LICENSOR OR THIRD PARTIESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, VG TALENT & SERVICES LLC AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OTHERWISE, EVEN IF VG TALENT & SERVICES LLC OR ANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLESITE. VG Talent & Services reserves the right, CUSTOMER’S SOLE REMEDY AGAINST THE LICENSORin its sole discretion, REGARDLESS OF THE FORM OF ACTIONto terminate your access to the Site and the related services or any portion thereof at any time, INCLUDINGwithout notice. To the maximum extent permitted by law, BUT NOT LIMITED TOthis agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in Wyoming in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, NEGLIGENCE AND STRICT LIABILITYincluding, SHALL BE REPLACEMENT OF THE LICENSED PRODUCTwithout limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VG Talent & Services as a result of this agreement or use of the Site. VG Talent & Services's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VG Talent & Services's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VG Talent & Services with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VG Talent & Services with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VG Talent & Services with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Liability Disclaimer. 12.1CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MINNESOTA JUDICIAL BRANCH MAY MAKE IMPROVEMENTS AND/OR CHANGES TO E-MACS AT ANY TIME. TO THE PRODUCT IS DELIVERED "AS IS." THE LICENSOR MAKES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO REPRESENTATIONS EVENT SHALL MINNESOTA JUDICIAL BRANCH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR WARRANTIES OF CONSEQUENTIAL DAMAGES OR ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYUSE, FITNESS DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF E-MACS, WITH THE DELAY OR INABILITY TO USE E-MACS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR A PARTICULAR PURPOSEANY INFORMATION, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THE LICENSOR SERVICES AND RELATED DOCUMENTS OBTAINED THROUGH E- MACS, 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 OTHERWISE ARISING OUT OF THE USE OF E-MACS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATEOTHERWISE, OR LOST PROFITS, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW EVEN IF MINNESOTA JUDICIAL BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING. 12.3DAMAGES. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF E-MACS, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLETHESE TERMS OF USE, CUSTOMER’S YOUR SOLE AND EXCLUSIVE 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 PRODUCTIS TO DISCONTINUE USING E- MACS. SERVICE CONTACT: XXXXX@xxxxxx.xxxxx.xx.xx.

Appears in 2 contracts

Samples: Terms of Service Agreement, Terms of Service Agreement

Liability Disclaimer. 12.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DOLLARBIRD TECHNOLOGIES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DOLLARBIRD TECHNOLOGIES AND/OR ITS AUTHORIZED SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT IS DELIVERED "AS IS." DOLLARBIRD TECHNOLOGIES WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LICENSOR MAKES DOLLARBIRD TECHNOLOGIES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DOLLARBIRD TECHNOLOGIES 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 DOLLARBIRD TECHNOLOGIES WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. DOLLARBIRD TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF TITLE AND NON- INFRINGEMENT. TO THE LICENSOR OR THIRD PARTIESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, DOLLARBIRD TECHNOLOGIES AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 DOLLARBIRD TECHNOLOGIES WEB SITE, WITH THE DELAYOR INABILITY TO USE THE DOLLARBIRD TECHNOLOGIES WEB 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 DOLLARBIRD TECHNOLOGIES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DOLLARBIRD TECHNOLOGIES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OTHERWISE, EVEN IF DOLLARBIRD TECHNOLOGIES ORANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOMESTATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DOLLARBIRD TECHNOLOGIES WEB SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLEDOLLARBIRD TECHNOLOGIES WEB SITE. SERVICE CONTACT: xxxx@xxxxxxxxxxxxx.xxx The Dollarbird Technologies’ Services, CUSTOMER’S SOLE REMEDY AGAINST THE LICENSORDollarbird Technologies Web Sites (including all content thereon) and all intellectual property rights in or related to the Dollarbird Technologies Web Sites, REGARDLESS OF THE FORM OF ACTIONincluding but not limited to copyrights, INCLUDINGpatents, BUT NOT LIMITED TOtrademarks, NEGLIGENCE AND STRICT LIABILITYservice marks and any feedback left by Users on the Dollarbird Technologies Web Sites, SHALL BE REPLACEMENT OF THE LICENSED PRODUCTare owned and/or licensed by Dollarbird Technologies, and all right, title and interest in the Dollarbird Technologies Web Sites, the Dollarbird Technologies’ related services and the related intellectual property rights, are and shall remain Dollarbird Technologies’ sole property. This includes, without limitation, the "xxxxxxxxxxxxx.xxx" and "xxxxxxxxxxxxxxxxxxxxx.xxx" URL, design logo, and certain other names and logos used by Dollarbird Technologies, all of which are service marks or trademarks of Dollarbird Technologies. This also includes, without limitation, the "look and feel" of the Dollarbird Technologies Web Sites (including design, layout, color combinations, button shapes and other graphical elements), which is protected by Dollarbird Technologies’ service marks, trademarks and copyrights. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works of or with respect to the Dollarbird Technologies related services, Dollarbird Technologies Web Sites or the related intellectual property, and these Terms of Use do not grant you permission to do so. You may not reproduce, modify, display, sell or distribute the content on the Dollarbird Technologies Web Sites or use it in any other way for public or commercial purpose. Dollarbird Technologies authorizes you to view and download a single copy of the content on the Dollarbird Technologies Web Sites solely for your personal, noncommercial use. Certain content on the Dollarbird Technologies Web Sites may be licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Dollarbird Technologies Web Sites, including any Dollarbird Technologies Web Sites content. Without limiting any other rights or remedies Dollarbird Technologies may have under these Terms of Use or otherwise, Dollarbird Technologies may limit, suspend, or terminate the Dollarbird Technologies’ related services, limit or prohibit access to the Dollarbird Technologies Web Sites, modify or remove content on the Dollarbird Technologies Web Sites, including without limitation eliminating or discontinuing any content or feature thereon or thereof, or restrict the hours of availability of the Dollarbird Technologies Web Sites.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Liability Disclaimer. 12.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE PRODUCT IS DELIVERED INFORMATION HEREIN. XXXXXXXXXXXXXXXXXXXX.XXX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. XXXXXXXXXXXXXXXXXXXX.XXX 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." THE LICENSOR MAKES NO REPRESENTATIONS WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. THIS SITE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF TITLE AND NON-INFRINGEMENT. TO THE LICENSOR OR THIRD PARTIESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, XXXXXXXXXXXXXXXXXXXX.XXX AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OTHERWISE, EVEN IF XXXXXXXXXXXXXXXXXXXX.XXX OR ANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING 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 PRODUCTSITE.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Liability Disclaimer. 12.1YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE PRODUCT IS DELIVERED "INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ScaleLab, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS." THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHTKIND, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR 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 LICENSORScaleLab, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATESITE, OR LOST PROFITSFOR ANY INFORMATION, REGARDLESS OF WHETHER PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSITE, OR IN FACT SHALL KNOW OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ScaleLab, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOINGEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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.

Appears in 2 contracts

Samples: Terms and Conditions of Use, Terms and Conditions of Use

Liability Disclaimer. 12.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CMC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE PRODUCT IS DELIVERED INFORMATION HEREIN. CMC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CMC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CMC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CMC 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 CMC WEB 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." THE LICENSOR MAKES NO REPRESENTATIONS WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. CMC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF TITLE AND NON-INFRINGEMENT. TO THE LICENSOR OR THIRD PARTIESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, CMC AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 CMC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CMC WEB 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 CMC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CMC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OTHERWISE, EVEN IF CMC OR ANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CMC WEB SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLECMC WEB SITE. SERVICE CONTACT : 000-000-0000 CMC reserves the right, CUSTOMER’S SOLE REMEDY AGAINST THE LICENSORin its sole discretion, REGARDLESS OF THE FORM OF ACTIONto terminate your access to the CMC Web Site and the related services or any portion thereof at any time, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY, SHALL BE REPLACEMENT OF THE LICENSED PRODUCTwithout notice.

Appears in 2 contracts

Samples: Terms of Use Agreement, Terms of Use Agreement

Liability Disclaimer. 12.112.1 ALL SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS ARE OFFERED AND PROVIDED BY OUR THIRD-PARTY SPACE PROVIDERS, AND NOT WORK- SPHERE. 12.2 THE SPACE PROVIDER SHALL BE SOLELY RESPONSIBLE IN THE DEALING OF ALL COMPLAINTS OR CLAIMS WITH RESPECT TO THE SPACE AND TO PRODUCTS AND SERVICES OFFERED TO YOU BY THE SPACE PROVIDER. 12.3 WORK-SPHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM IN RESPECT OF THE CONDITION OF THE SPACE AND/OR PRODUCTS AND SERVICES PROVIDED BY THE SPACE PROVIDERS. HOWEVER, WORK-SPHERE MAY, AT ITS SOLE DISCRETION (AND WITHOUT ANY OBLIGATION TO DO SO), ACT AS INTERMEDIARY BETWEEN THE PRODUCT IS DELIVERED "AS ISSPACE PROVIDER AND A CUSTOMER IN ORDER TO HELP AND FACILITATE SETTLEMENT OF CLAIMS BETWEEN A CUSTOMER AND A SPACE PROVIDER. PLEASE CONTACT OUR CUSTOMER SERVICE." 12.4 WORK-SPHERE DISCLAIMS ALL LIABILITY FOR THE LICENSOR NON- AVAILABILITY OF THE SPACE, NOTWITHSTANDING THAT CUSTOMERS HAVE MADE A BOOKING OF A SPACE ON THE PLATFORM. 12.5 THE SITE, APP AND PLATFORMS MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WORK- SPHERE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE PHOTOGRAPHS, DESCRIPTION AND AVAILABILITY) PUBLISHED ON THE SITE, APP AND/OR PLATFORMS. EACH SPACE PROVIDER REMAINS RESPONSIBLE AT ALL TIMES FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION DISPLAYED ON OUR PLATFORMS. 12.6 WORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR NON-DELIVERY OF INFORMATION AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE PLATFORMS FOR ANY PURPOSE, AND THE INCLUSION OR WARRANTIES OFFERING OF ANY PRODUCTS OR SERVICES ON OUR PLATFORMS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WORK-SPHERE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY WORK- SPHERE DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESCONDITIONS WITH REGARD TO THIS INFORMATION, EXPRESS OR IMPLIEDSOFTWARE, INCLUDINGPRODUCTS AND SERVICES, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSERESPONSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TITLE AND NON- INFRINGEMENT. 12.7 WORK-SPHERE IS NOT AN AGENT OR EMPLOYEE OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITY, AND SCOPE OF PATENT RIGHTSSPACE PROVIDERS. WORK-SPHERE DISCLAIMS ALL WARRANTIES, WHETHER ISSUED STATUTORY, EXPRESS 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, IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, 12.8 FOR THE AVOIDANCE OF DOUBT, WORK-SPHERE SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OF ANY SPACE PROVIDERS, NEGLIGENCE OF ANY SPACE PROVIDERS / CUSTOMERS / THIRD PARTY OCCUPANTS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WORK-SPHERE SHALL NOT BE LIABLE FOR AND STRICT LIABILITYWILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND WORK-SPHERE SHALL NOT BE REPLACEMENT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. 12.9 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORK-SPHERE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE AND PLATFORMS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICE AND/OR PLATFORMS; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS SERVICE AND THE PLATFORMS; EVEN IF WORK-SPHERE HAS BEEN ADVISED OF THE LICENSED PRODUCTPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Terms and Conditions

Liability Disclaimer. 12.112.1 ALL SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS ARE OFFERED AND PROVIDED BY OUR THIRD- PARTY SPACE PROVIDERS, AND NOT WORK-SPHERE. 12.2 THE SPACE PROVIDER SHALL BE SOLELY RESPONSIBLE IN THE DEALING OF ALL COMPLAINTS OR CLAIMS WITH RESPECT TO THE SPACE AND TO PRODUCTS AND SERVICES OFFERED TO YOU BY THE SPACE PROVIDER. 12.3 WORK-SPHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM IN RESPECT OF THE CONDITION OF THE SPACE AND/OR PRODUCTS AND SERVICES PROVIDED BY THE SPACE PROVIDERS. HOWEVER, WORK-SPHERE MAY, AT ITS SOLE DISCRETION (AND WITHOUT ANY OBLIGATION TO DO SO), ACT AS INTERMEDIARY BETWEEN THE PRODUCT IS DELIVERED "AS ISSPACE PROVIDER AND A CUSTOMER IN ORDER TO HELP AND FACILITATE SETTLEMENT OF CLAIMS BETWEEN A CUSTOMER AND A SPACE PROVIDER. PLEASE CONTACT OUR CUSTOMER SERVICE." 12.4 WORK-SPHERE DISCLAIMS ALL LIABILITY FOR THE LICENSOR NON- AVAILABILITY OF THE SPACE, NOTWITHSTANDING THAT CUSTOMERS HAVE MADE A BOOKING OF A SPACE ON THE PLATFORM. 12.5 THE SITE, APP AND PLATFORMS MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WORK- SPHERE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE PHOTOGRAPHS, DESCRIPTION AND AVAILABILITY) PUBLISHED ON THE SITE, APP AND/OR PLATFORMS. EACH SPACE PROVIDER REMAINS RESPONSIBLE AT ALL TIMES FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION DISPLAYED ON OUR PLATFORMS. 12.6 WORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR NON-DELIVERY OF INFORMATION AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE PLATFORMS FOR ANY PURPOSE, AND THE INCLUSION OR WARRANTIES OFFERING OF ANY PRODUCTS OR SERVICES ON OUR PLATFORMS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WORK-SPHERE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY WORK- SPHERE DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESCONDITIONS WITH REGARD TO THIS INFORMATION, EXPRESS OR IMPLIEDSOFTWARE, INCLUDINGPRODUCTS AND SERVICES, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSERESPONSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TITLE AND NON- INFRINGEMENT. 12.7 WORK-SPHERE IS NOT AN AGENT OR EMPLOYEE OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITY, AND SCOPE OF PATENT RIGHTSSPACE PROVIDERS. WORK-SPHERE DISCLAIMS ALL WARRANTIES, WHETHER ISSUED STATUTORY, EXPRESS 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, IMPLIED (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND STRICT LIABILITYCOMPLIANCE WITH DESCRIPTION), RELATED TO ANY SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS. 12.8 FOR THE AVOIDANCE OF DOUBT, WORK-SPHERE SHALL NOT BE REPLACEMENT LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, 12.9 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORK-SPHERE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE AND PLATFORMS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICE AND/OR PLATFORMS; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS SERVICE AND THE PLATFORMS; EVEN IF WORK-SPHERE HAS BEEN ADVISED OF THE LICENSED PRODUCTPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Terms and Conditions

Liability Disclaimer. 12.1. TO 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 COPYRIGHTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESNOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EXPRESS CUSTOMER AGREES THAT PALANTIR SHALL NOT BE LIABLE TO CUSTOMER OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO ANY THIRD PARTY REGARDLESS OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITYLEGAL THEORY USED TO MAKE A CLAIM, 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 BASED UPON PALANTIR’S NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, IN TORT OR ANY OTHER CAUSE OF ACTION, FOR ANY: (A) LOSS, ALTERATION, CORRUPTION OF, OR UNAUTHORIZED ACCESS TO CONTENT; (B) COST OF PROCUREMENT OF ANY KIND AS TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS SUBSTITUTE PRODUCTS OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIME. 12.2. IN NO EVENT SHALL THE LICENSORSERVICES, ITS TRUSTEESOR COST OF REPLACEMENT, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESTORATION OF ANY KINDLOST OR ALTERED CONTENT; (C) DELAYS OR UNAVAILABILITY OF ANY PRODUCTS OR SERVICES, INCLUDING ANY GENERALECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, OR LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; AND/OR (D) INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES LOSS OR DAMAGE, WHETHER ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATEPRODUCTS, OR LOST PROFITSFOR ANY MATTER BEYOND PALANTIR’S REASONABLE CONTROL, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON EVEN IF PALANTIR HAS BEEN ADVISED AS TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOINGSUCH LOSS OR DAMAGES. 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.

Appears in 1 contract

Samples: License and Services Agreement

Liability Disclaimer. 12.1. THE PRODUCT IS DELIVERED "AS IS10.1 FRUIT D’OR INC." 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 TRUSTEESADMINISTRATOR, DIRECTORSOFFICERS AND EMPLOYEES SHALL NOT BE HELD RESPONSIBLE WHETHER BY CONTRACT OR IN TORT TOWARDS THE MEMBER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT DAMAGE, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KINDPUNITIVE DAMAGES, INCLUDING ANY GENERALWITHOUT LIMITATIONS, SPECIALDAMAGES FOR LOSS OF REVENUES, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO PROFITS, GOODWILL, LOSS OF DATA OR DATA BEING RENDERED INACCURATEAND OTHER INTANGIBLE ASSETS, OR LOST PROFITS, REGARDLESS OF WHETHER EXPENSES FOR THE LICENSOR SHALL BE ADVISED, SHALL RETRIEVAL AND REPLACEMENT GOODS AND SERVICES AND EVEN IF FRUIT D’OR INC. HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM I) INACCURACY OF INFORMATION AND ELEMENTS MENTIONED ON FRUIT D’OR INC.’S WEBSITE II) ANY DELAY RELATED TO THE FOREGOING. 12.3. IF, BY OPERATION OF LAW OR OTHERWISE, ANY USE OF THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLEONLINE SERVICES OR FRUIT D’OR INC. ’S WEBSITE OR THE IMPOSSIBILITY TO USE THEM III) AN INVALID DESTINATION, CUSTOMER’S SOLE REMEDY AGAINST MESSAGE OF ERROR, TRANSMISSION ERRORS OR UNAUTHORIZED ACCESS, LOSS OR ALTERATION OF DATA IV) DEFAMATORY OR OFFENDING DECLARATION OR CONDUCT OF ANY THIRD PARTY IN THE LICENSOR, REGARDLESS CONTEXT OF ITS USE OF THE FORM OF ACTIONONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY, SHALL BE REPLACEMENT OF V) ANY DELAY INCURRED OR FAILURE TO RECEIVE FROM ANY THIRD PARTY THE LICENSED PRODUCTPRODUCTS OR SERVICES ORDERED OR TRANSACTED VIA FRUIT D’OR INC. ’S WEBSITE.

Appears in 1 contract

Samples: Terms of Use Agreement

Liability Disclaimer. 12.1EACH PARTICIPANT IN THE PROGRAM, AS A CONDITION OF PARTICIPATING, RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS CHEVRON, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, MARKETERS, RETAILERS, ADVERTISING AND PROGRAM AGENCIES AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO PERSON(S), INCLUDING DEATH, AND PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE PROGRAM AND ANY PROGRAM RELATED ACTIVITY. THESE TERMS AND CONDITIONS, AND THE PRODUCT IS DELIVERED WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS." THE LICENSOR MAKES NO AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHTKIND, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, . CHEVRON SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING THE ACCURACY OR COMPLETENESS OF THE LICENSOR WEB SITES OR THIRD PARTIESTHE TERMS AND CONDITIONS. CHEVRON AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES, VALIDITYINJURIES, ENFORCEABILITYCOSTS, 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 EXPENSES OF ANY KIND AS DIRECTLY OR INDIRECTLY RELATED TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS OR ARISING FROM THE USE OF THE WEB SITE, INCLUDING YOUR RELIANCE UPON THE INFORMATION CONTAINED IN THE WEB SITE OR IN THE TERMS AND CONDITIONS. CHEVRON IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER LITERATURE MAY BE ISSUED ERROR IN THE WEB SITE, THE TERMS AND CONDITIONS OR ANY PROGRAM MATERIALS OR FOR INCOMPLETE, LOST, LATE, DAMAGED, ILLEGIBLE OR MISDIRECTED EMAIL OR PROJECT SUBMISSIONS OR FOR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTION OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSION OR ANY COMBINATION THEREOF. CHEVRON ASSUMES NO RESPONSIBILITY FOR UNDELIVERABLE EMAILS OR PROJECT SUBMISSIONS RESULTING FROM TIME TO TIME. 12.2ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S INTERNET SERVICE PROVIDER AND/OR EMAIL CLIENT OR FOR INSUFFICIENT SPACE IN A USER'S COMPUTER AND/OR EMAIL ACCOUNT. IN NO EVENT SHALL THE LICENSORFURTHERMORE, CHEVRON AND ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES AFFILIATED ENTITIES WILL NOT BE LIABLE FOR INCIDENTAL ANY DAMAGES, INJURIES, COSTS, OR CONSEQUENTIAL DAMAGES EXPENSES OF ANY KIND, INCLUDING DAMAGES TO ANY GENERALPARTICIPANT'S, SPECIALOR ANY OTHER PERSONS, INCIDENTAL COMPUTER SYSTEM/SOFTWARE, DIRECTLY OR CONSEQUENTIAL DAMAGES INDIRECTLY RELATED TO OR ARISING OUT OF THE USE FROM YOUR ACCESS TO OR INABILITY TO USE ACCESS THE PRODUCT WEB SITE, INCLUDING BUT NOT LIMITED TO LOSS ANY PERFORMANCE FAILURE, ERROR, OMISSION, TRANSMISSION DELAY, LINE FAILURE, PARTICIPATION OR DOWNLOADING OF DATA OR DATA BEING RENDERED INACCURATEANY MATERIALS IN THIS PROGRAM, OR LOST PROFITS, REGARDLESS OF WHETHER VIRUS AFFECTING THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOINGWEB SITE. 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.

Appears in 1 contract

Samples: Fuel Donation Agreement

Liability Disclaimer. 12.1. TO 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 COPYRIGHTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, NOVANTA OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OTHER DAMAGES OF ANY KINDKIND WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, INCLUDING ANY GENERALBUSINESS INTERRUPTION, SPECIALLOSS OF DATA, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED PRODUCTS OR THE PROVISION OF OR FAILURE TO LOSS OF DATA PROVIDE SUPPORT SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR DATA BEING RENDERED INACCURATEOTHERWISE, EVEN IF NOVANTA OR LOST PROFITS, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFTHE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, BY OPERATION MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). NOVANTA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF LAW OR OTHERWISE, ANY FITNESS FOR HIGH RISK ACTIVITIES. NOVANTA WILL HAVE NO LIABILITY FOR USE OF THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLESOFTWARE IN HIGH RISK ACTIVITIES. YOU WILL INDEMNIFY AND HOLD HARMLESS NOVANTA FROM ANY DAMAGES, 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 PRODUCTLIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE.

Appears in 1 contract

Samples: License and Warranty Agreement

Liability Disclaimer. 12.114.1. THE PRODUCT IS DELIVERED 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. KM RESORT HOSPITALITY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 14.2. TWIN CANYONS RANCH RESORT 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." THE LICENSOR MAKES NO REPRESENTATIONS WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. TWIN CANYONS RANCH RESORT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITY, TITLE 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 TIMENON-INFRINGEMENT. 12.214.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, TWIN CANYONS RANCH RESORT AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OTHERWISE, EVEN IF KM RESORT HOSPITALITY, LLC OR ANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING 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 PRODUCTSITE.

Appears in 1 contract

Samples: Terms and Conditions Agreement

Liability Disclaimer. 12.111.1. THE PRODUCT IS DELIVERED "AS IS." AND 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. 12.211.2. 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. 12.311.3. 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.

Appears in 1 contract

Samples: Enterprise License Agreement

Liability Disclaimer. 12.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE PRODUCT IS DELIVERED INFORMATION HEREIN. FEAR NOT FINANCIAL CONSULTING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FEAR NOT FINANCIAL CONSULTING LLC 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." THE LICENSOR MAKES NO REPRESENTATIONS WITHOUT WARRANTY OR WARRANTIES CONDITION OF ANY KIND CONCERNING THE PATENT RIGHTS KIND. FEAR NOT FINANCIAL CONSULTING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND THE SOFTWARE CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR THE COPYRIGHT, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF TITLE AND NON- INFRINGEMENT. TO THE LICENSOR OR THIRD PARTIESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, FEAR NOT FINANCIAL CONSULTING LLC AND/OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES SUPPLIERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL OR 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 INABILITY TO USE THE PRODUCT INCLUDING BUT OTHERWISE, EVEN IF FEAR NOT LIMITED TO LOSS FINANCIAL CONSULTING LLC OR ANY 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 ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE FOREGOING. 12.3EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFIF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, BY OPERATION OF LAW OR OTHERWISE, WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING 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 PRODUCTSITE.

Appears in 1 contract

Samples: Terms and Conditions

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Liability Disclaimer. 12.112.1 ALL SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS ARE OFFERED AND PROVIDED BY OUR THIRD-PARTY SPACE PROVIDERS, AND NOT WORK- SPHERE. 12.2 THE SPACE PROVIDER SHALL BE SOLELY RESPONSIBLE IN THE DEALING OF ALL COMPLAINTS OR CLAIMS WITH RESPECT TO THE SPACE AND TO PRODUCTS AND SERVICES OFFERED TO YOU BY THE SPACE PROVIDER. 12.3 WORK-SPHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM IN RESPECT OF THE CONDITION OF THE SPACE AND/OR PRODUCTS AND SERVICES PROVIDED BY THE SPACE PROVIDERS. HOWEVER, WORK-SPHERE MAY, AT ITS SOLE DISCRETION (AND WITHOUT ANY OBLIGATION TO DO SO), ACT AS INTERMEDIARY BETWEEN THE PRODUCT IS DELIVERED "AS ISSPACE PROVIDER AND A CUSTOMER IN ORDER TO HELP AND FACILITATE SETTLEMENT OF CLAIMS BETWEEN A CUSTOMER AND A SPACE PROVIDER. PLEASE CONTACT OUR CUSTOMER SERVICE." 12.4 WORK-SPHERE DISCLAIMS ALL LIABILITY FOR THE LICENSOR NON- AVAILABILITY OF THE SPACE, NOTWITHSTANDING THAT CUSTOMERS HAVE MADE A BOOKING OF A SPACE ON THE PLATFORM. 12.5 THE SITE, APP AND PLATFORMS MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WORK- SPHERE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE PHOTOGRAPHS, DESCRIPTION AND AVAILABILITY) PUBLISHED ON THE 12.6 WORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR NON-DELIVERY OF INFORMATION AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE PLATFORMS FOR ANY PURPOSE, AND THE INCLUSION OR WARRANTIES OFFERING OF ANY PRODUCTS OR SERVICES ON OUR PLATFORMS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WORK-SPHERE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY WORK- SPHERE DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESCONDITIONS WITH REGARD TO THIS INFORMATION, EXPRESS OR IMPLIEDSOFTWARE, INCLUDINGPRODUCTS AND SERVICES, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSERESPONSE, NONINFRINGEMENT TITLE AND NON- INFRINGEMENT. 12.7 WORK-SPHERE IS NOT AN AGENT OR EMPLOYEE OF INTELLECTUAL THE 12.8 FOR THE AVOIDANCE OF DOUBT, WORK-SPHERE SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OF ANY SPACE PROVIDERS, NEGLIGENCE OF ANY SPACE PROVIDERS / CUSTOMERS / THIRD PARTY OCCUPANTS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY RIGHTS DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WORK-SPHERE SHALL NOT BE LIABLE FOR AND WILL MAKE NO REFUND IN THE EVENT OF THE LICENSOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR THIRD PARTIES, VALIDITY, ENFORCEABILITYOTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SCOPE OF PATENT RIGHTSWORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, WHETHER ISSUED OMISSIONS, DELAYS OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. THE LICENSOR EXTENDS NO WARRANTIES ACTS OF ANY KIND AS TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS GOVERNMENT OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIMEAUTHORITY. 12.2. 12.9 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES WORK-SPHERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, SPECIALPUNITIVE, INCIDENTAL INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE AND PLATFORMS OR WITH THE USE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA SERVICE AND/OR DATA BEING RENDERED INACCURATEPLATFORMS; ANY COMPUTER VIRUSES, OR LOST PROFITSINFORMATION, REGARDLESS OF WHETHER SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS SERVICE AND THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW PLATFORMS; EVEN IF WORK-SPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOINGSUCH DAMAGES. 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.

Appears in 1 contract

Samples: Terms & Conditions

Liability Disclaimer. 12.1YOUR USE OF THE COMPANY APPS IS AT YOUR OWN RISK. THE PRODUCT IS DELIVERED "AS IS." THE LICENSOR MAKES NO REPRESENTATIONS COMPANY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES 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 LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL THE LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR INCIDENTAL ANY LOSS OR CONSEQUENTIAL DAMAGES OF INJURY OR ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL SIMILAR DAMAGES ARISING OUT OF THE YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMPANY APPS AND THE INFORMATION AVAILABLE ON THE COMPANY APPS OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE COMPANY APPS. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE COMPANY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE PRODUCT INCLUDING BUT NOT LIMITED TO COMPANY APPS AND THE INFORMATION AVAILABLE THEREON. IF, DESPITE THE LABILITY LIMITATIONS ABOVE, IF COMPANY IS FOUND LIABLE FOR ANY LOSS OF DATA OR DATA BEING RENDERED INACCURATE, OR LOST PROFITS, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWDAMAGE WHICH ARISES OUT OF, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING. 12.3. IF, BY OPERATION OF LAW OR OTHERWISEANY WAY CONNECTED WITH, ANY OF THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLEOCCURRENCES DESCRIBED ABOVE, CUSTOMER’S SOLE REMEDY AGAINST THEN THE LICENSORLIABILITY OF COMPANY WILL IN NO EVENT EXCEED, REGARDLESS OF IN THE FORM OF ACTIONAGGREGATE, INCLUDING, BUT ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED TO, NEGLIGENCE AND STRICT LIABILITY, SHALL BE REPLACEMENT OF THE LICENSED PRODUCT.UNDER APPLICABLE LAW

Appears in 1 contract

Samples: Terms of Use

Liability Disclaimer. 12.1. TO 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 COPYRIGHTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, WILL HOLY SPIRIT EPISCOPAL SCHOOL OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR INCIDENTAL OR CONSEQUENTIAL ANY DAMAGES OF ANY KINDWHATSOEVER, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR DATA BEING RENDERED INACCURATEOTHER INTANGIBLES, OR LOST PROFITSTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICES, REGARDLESS UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF WHETHER OR RELATED TO THE LICENSOR SHALL BE ADVISEDUSE, SHALL HAVE OTHER REASON INABILITY TO KNOWUSE, UNAUTHORIZED USE, PERFORMANCE OR IN FACT SHALL KNOW NON-PERFORMANCE OF THE SERVICES OR HOLY SPIRIT EPISCOPAL, EVEN IF HOLY SPIRIT EPISCOPAL SCHOOL HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF THE FOREGOING. 12.3. IFSUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, BY OPERATION OF NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. THE LIMITATIONS, ANY EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE AFOREMENTIONED WARRANTY DISCLAIMERS ARE DETERMINED INAPPLICABLEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, CUSTOMER’S SOLE REMEDY AGAINST THE LICENSOR, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT THIS SECTION DOES NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY, SHALL BE REPLACEMENT OF THE LICENSED PRODUCTAFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: Privacy Policy Agreement

Liability Disclaimer. 12.112.1 ALL SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS ARE OFFERED AND PROVIDED BY OUR THIRD-PARTY SPACE PROVIDERS, AND NOT WORK- SPHERE. 12.2 THE SPACE PROVIDER SHALL BE SOLELY RESPONSIBLE IN THE DEALING OF ALL COMPLAINTS OR CLAIMS WITH RESPECT TO THE SPACE AND TO PRODUCTS AND SERVICES OFFERED TO YOU BY THE SPACE PROVIDER. 12.3 WORK-SPHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM IN RESPECT OF THE CONDITION OF THE SPACE AND/OR PRODUCTS AND SERVICES PROVIDED BY THE SPACE PROVIDERS. HOWEVER, WORK-SPHERE MAY, AT ITS SOLE DISCRETION (AND WITHOUT ANY OBLIGATION TO DO SO), ACT AS INTERMEDIARY BETWEEN THE PRODUCT IS DELIVERED "AS ISSPACE PROVIDER AND A CUSTOMER IN ORDER TO HELP AND FACILITATE SETTLEMENT OF CLAIMS BETWEEN A CUSTOMER AND A SPACE PROVIDER. PLEASE CONTACT OUR CUSTOMER SERVICE." 12.4 WORK-SPHERE DISCLAIMS ALL LIABILITY FOR THE LICENSOR NON- AVAILABILITY OF THE SPACE, NOTWITHSTANDING THAT CUSTOMERS HAVE MADE A BOOKING OF A SPACE ON THE PLATFORM. 12.5 THE SITE, APP AND PLATFORMS MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WORK- SPHERE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE PHOTOGRAPHS, DESCRIPTION AND AVAILABILITY) PUBLISHED ON THE SITE, APP AND/OR PLATFORMS. EACH SPACE PROVIDER REMAINS RESPONSIBLE AT ALL TIMES FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION DISPLAYED ON OUR PLATFORMS. 12.6 WORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR NON-DELIVERY OF INFORMATION AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE PLATFORMS FOR ANY PURPOSE, AND THE INCLUSION OR WARRANTIES OFFERING OF ANY PRODUCTS OR SERVICES ON OUR PLATFORMS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WORK-SPHERE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY WORK- SPHERE DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESCONDITIONS WITH REGARD TO THIS INFORMATION, EXPRESS OR IMPLIEDSOFTWARE, INCLUDINGPRODUCTS AND SERVICES, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSERESPONSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TITLE AND NON- INFRINGEMENT. 12.7 WORK-SPHERE IS NOT AN AGENT OR EMPLOYEE OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITY, AND SCOPE OF PATENT RIGHTSSPACE PROVIDERS. WORK-SPHERE DISCLAIMS ALL WARRANTIES, WHETHER ISSUED STATUTORY, EXPRESS 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, IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND COMPLIANCE WITH DESCRIPTION), RELATED TO ANY SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS. 12.8 FOR THE AVOIDANCE OF DOUBT, WORK-SPHERE SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OF ANY SPACE PROVIDERS, NEGLIGENCE OF ANY SPACE PROVIDERS / CUSTOMERS / THIRD PARTY OCCUPANTS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WORK-SPHERE SHALL NOT BE LIABLE FOR AND STRICT LIABILITYWILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND WORK-SPHERE SHALL NOT BE REPLACEMENT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. 12.9 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORK-SPHERE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE AND PLATFORMS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICE AND/OR PLATFORMS; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS SERVICE AND THE PLATFORMS; EVEN IF WORK-SPHERE HAS BEEN ADVISED OF THE LICENSED PRODUCTPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Terms and Conditions

Liability Disclaimer. 12.1THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN/OR AVAILABLE THROUGH THE COMPANY’S WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PRODUCT IS DELIVERED "AS IS." COMPANY RESERVES ITS RIGHT TO MODIFY OR MAKE CHANGES TO THE LICENSOR COMPANY’S WEBSITES AND THE INFORMATION CONTAINED THEREIN WITHOUT PRIOR NOTICE. ANY INFORMATION RECEIVED VIA THE COMPANY’S WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE COMPANY MAKES NO REPRESENTATIONS REPRESENTATION 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 WARRANTY OF ANY KIND, EITHER EXPLICITLY OR IMPLICITLY, AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACIES OF THE INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE COMPANY’S WEBSITES FOR ANY PURPOSES. THE COMPANY ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT LOSS OR DAMAGE) FROM YOUR USE OF THE USE COMPANY’S WEBSITES. IN PARTICULAR, NO WARRANTY IS GIVEN THAT ECONOMIC REPORTING INFORMATION MATERIAL OR INABILITY DATA IS ACCURATE, COMPLETE AND/OR UP TO USE DATE. YOU AGREE THAT THE PRODUCT INCLUDING BUT COMPANY SHALL NOT LIMITED BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS TO LOSS OF YOUR DATA OR DATA BEING RENDERED INACCURATE, OR LOST PROFITS, REGARDLESS OF WHETHER TRANSACTIONS ON THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOINGCOMPANY’S WEBSITES. 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.

Appears in 1 contract

Samples: Terms of Use

Liability Disclaimer. 12.1. THE PRODUCT IS DELIVERED "AS IS." THE LICENSOR MAKES NO REPRESENTATIONS M-ASA HEREBY DISCLAIMS, AND TENANT HEREBY RELEASES M-ASA, ITS OFFICERS, AND MEMBERS FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR WARRANTIES TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY LOSS, DAMAGE OR INJURY 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 LICENSORNATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEY FEES) SUSTAINED BY TENANT, ITS TRUSTEESAGENTS OR INVITES DURING THE TERM OF THIS AGREEMENT, 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 LOSS, DAMAGE. OR INJURY TO THE AIRCRAFT OR OTHER PROPERTY OF DATA TENANT THAT MAY BE LOCATED OR DATA BEING RENDERED INACCURATESTORED IN THE HANGAR, UNLESS SUCH LOSS, DAMAGE OR LOST PROFITSINJURY IS CAUSED BY M-ASA’S WILLFUL MISCONDUCT. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL M-ASA BE LIABLE FOR INDIRECT, REGARDLESS CONSEQUENTIAL, SPECIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE).TENANTS SHOULD OBTAIN AND MAINTAIN AT ALL TIMES DURING THE TERM OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE THIS LEASE ADEQUATE HULL AND LIABILITY INSURANCE FOR THEIR AIRCRAFT AND OTHER REASON POSSESSIONS RELATED TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOINGTHIS LEASE AS PER M-ASA’S OPERATIONS MANUAL. 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.

Appears in 1 contract

Samples: Lease Agreement

Liability Disclaimer. 12.1. TO 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 COPYRIGHTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESNOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EXPRESS CUSTOMER AGREES THAT ORBIS SHALL NOT BE LIABLE TO CUSTOMER OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO ANY THIRD PARTY REGARDLESS OF THE LICENSOR OR THIRD PARTIES, VALIDITY, ENFORCEABILITYLEGAL THEORY USED TO MAKE A CLAIM, 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 BASED UPON ORBIS’S NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, IN TORT OR ANY OTHER CAUSE OF ACTION, FOR ANY: (A) LOSS, ALTERATION, CORRUPTION OF, OR UNAUTHORIZED ACCESS TO CONTENT; (B) COST OF PROCUREMENT OF ANY KIND AS TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS SUBSTITUTE PRODUCTS OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIME. 12.2. IN NO EVENT SHALL THE LICENSORSERVICES, ITS TRUSTEESOR COST OF REPLACEMENT, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESTORATION OF ANY KINDLOST OR ALTERED CONTENT; (C) DELAYS OR UNAVAILABILITY OF ANY PRODUCTS OR SERVICES, INCLUDING ANY GENERALECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, OR LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; AND/OR (D) INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES LOSS OR DAMAGE, WHETHER ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATEPRODUCTS, OR LOST PROFITSFOR ANY MATTER BEYOND ORBIS’S REASONABLE CONTROL, REGARDLESS OF WHETHER THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON EVEN IF ORBIS HAS BEEN ADVISED AS TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOINGSUCH LOSS OR DAMAGES. 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.

Appears in 1 contract

Samples: License and Services Agreement

Liability Disclaimer. 12.112.1 ALL SPACES OFFERED VIA THE SITE, APP AND/OR PLATFORMS ARE OFFERED AND PROVIDED BY OUR THIRD-PARTY SPACE PROVIDERS, AND NOT WORK- SPHERE. 12.2 THE SPACE PROVIDER SHALL BE SOLELY RESPONSIBLE IN THE DEALING OF ALL COMPLAINTS OR CLAIMS WITH RESPECT TO THE SPACE AND TO PRODUCTS AND SERVICES OFFERED TO YOU BY THE SPACE PROVIDER. 12.3 WORK-SPHERE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM IN RESPECT OF THE CONDITION OF THE SPACE AND/OR PRODUCTS AND SERVICES PROVIDED BY THE SPACE PROVIDERS. HOWEVER, WORK-SPHERE MAY, AT ITS SOLE DISCRETION (AND WITHOUT ANY OBLIGATION TO DO SO), ACT AS INTERMEDIARY BETWEEN THE PRODUCT IS DELIVERED "AS ISSPACE PROVIDER AND A CUSTOMER IN ORDER TO HELP AND FACILITATE SETTLEMENT OF CLAIMS BETWEEN A CUSTOMER AND A SPACE PROVIDER. PLEASE CONTACT OUR CUSTOMER SERVICE." 12.4 WORK-SPHERE DISCLAIMS ALL LIABILITY FOR THE LICENSOR NON- AVAILABILITY OF THE SPACE, NOTWITHSTANDING THAT CUSTOMERS HAVE MADE A BOOKING OF A SPACE ON THE PLATFORM. 12.5 THE SITE, APP AND PLATFORMS MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WORK- SPHERE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE PHOTOGRAPHS, DESCRIPTION AND AVAILABILITY) PUBLISHED ON THE SITE, APP AND/OR PLATFORMS. EACH SPACE PROVIDER REMAINS RESPONSIBLE AT ALL TIMES FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION DISPLAYED ON OUR PLATFORMS. 12.6 WORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR NON-DELIVERY OF INFORMATION AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE PLATFORMS FOR ANY PURPOSE, AND THE INCLUSION OR WARRANTIES OFFERING OF ANY PRODUCTS OR SERVICES ON OUR PLATFORMS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WORK-SPHERE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND CONCERNING THE PATENT RIGHTS AND THE SOFTWARE OR THE COPYRIGHT, AND HEREBY WORK- SPHERE DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESCONDITIONS WITH REGARD TO THIS INFORMATION, EXPRESS OR IMPLIEDSOFTWARE, INCLUDINGPRODUCTS AND SERVICES, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSERESPONSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TITLE AND NON- INFRINGEMENT. 12.7 WORK-SPHERE IS NOT AN AGENT OR EMPLOYEE OF THE LICENSOR SPACE PROVIDERS. WORK-SPHERE DISCLAIMS ALL 12.8 FOR THE AVOIDANCE OF DOUBT, WORK-SPHERE SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OF ANY SPACE PROVIDERS, NEGLIGENCE OF ANY SPACE PROVIDERS / CUSTOMERS / THIRD PARTY OCCUPANTS, OR THIRD PARTIESFOR ANY PERSONAL INJURIES, VALIDITYDEATH, ENFORCEABILITYPROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WORK-SPHERE SHALL NOT BE LIABLE FOR AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SCOPE OF PATENT RIGHTSWORK-SPHERE SHALL NOT BE RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, WHETHER ISSUED OMISSIONS, DELAYS OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. THE LICENSOR EXTENDS NO WARRANTIES ACTS OF ANY KIND AS TO PRODUCT CONFORMITY WITH WHATEVER USER MANUALS GOVERNMENT OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIMEAUTHORITY. 12.2. 12.9 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES WORK-SPHERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KINDDIRECT, INCLUDING ANY GENERALINDIRECT, SPECIALPUNITIVE, INCIDENTAL INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE AND PLATFORMS OR WITH THE USE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE PRODUCT INCLUDING BUT NOT LIMITED TO LOSS OF DATA SERVICE AND/OR DATA BEING RENDERED INACCURATEPLATFORMS; ANY COMPUTER VIRUSES, OR LOST PROFITSINFORMATION, REGARDLESS OF WHETHER SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS SERVICE AND THE LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW PLATFORMS; EVEN IF WORK-SPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOINGSUCH DAMAGES. 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.

Appears in 1 contract

Samples: Terms and Conditions

Liability Disclaimer. 12.111.1. 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. 12.211.2. 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. 12.311.3. 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.

Appears in 1 contract

Samples: Enterprise License Agreement

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