Common use of Limitation of Liability and Disclaimer of Warranty Clause in Contracts

Limitation of Liability and Disclaimer of Warranty. 6.1 THE WEB SERVICES, SPECIFICATIONS AND ALL ASSOCIATED LICENSES, PROGRAMS, PRODUCTS, AND DATA ARE PROVIDED TO CUSTOMER HEREUNDER ARE DELIVERED ―AS IS.‖ 6.2 SPRINT MAKES NO REPRESENTATIONS OR WARRANTIES UNDER OR RELATED TO THIS AGREEMENT OR THE WEB SERVICES, SPECIFICATIONS OR ANY ASSOCIATED LICENSES, PROGRAMS, PRODUCTS, OR DATA AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, RELATED THERETO, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SPRINT DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RESULTS, RELIABILITY, CORRECTNESS OR PRECISION OF ANY DATA SUPPLIED BY IT. 6.3 NEITHER SPRINT NOR CUSTOMER WILL HAVE LIABILITY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, SERVICE INTERRUPTIONS, DELAYS, DEFECTS IN TRANSMISSION, OR FOR ANY OTHER REASON, ARISING OUT OF THIS AGREEMENT OR THE OBLIGATIONS OF EITHER PARTY UNDER THIS AGREEMENT.

Limitation of Liability and Disclaimer of Warranty. 6.1 12.1 NOTWITHSTANDING THE WEB SERVICES, SPECIFICATIONS AND ALL ASSOCIATED LICENSES, PROGRAMS, PRODUCTSINDEMNITIES SET FORTH IN SECTION 11 ABOVE, AND DATA ARE PROVIDED EXCEPT FOR CHARTER'S PAYMENT OF THE TERMINATION FEE (IF APPLICABLE) AND EXCEPT AS OTHERWISE SET FORTH IN SECTION 13 HEREOF, IN NO EVENT SHALL HSA AND CHARTER BE LIABLE TO CUSTOMER HEREUNDER ARE DELIVERED ―AS IS.‖ 6.2 SPRINT MAKES NO REPRESENTATIONS ONE ANOTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR WARRANTIES UNDER CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS ARISING FROM OR RELATED TO THE BREACH OF THIS AGREEMENT AGREEMENT, EVEN IF HSA OR CHARTER HAD BEEN ADVISED OF THE WEB SERVICESPOSSIBILITY OF SUCH DAMAGES. CHARTER AND HSA WILL EACH MAINTAIN APPROPRIATE POLICIES OF INSURANCE STANDARD IN THE INDUSTRY RELATING TO GENERAL LIABILITY, SPECIFICATIONS CASUALTY AND WORKERS COMPENSATION INSURANCE TO COVER THEIR RESPECTIVE EMPLOYEES AGAINST INJURY TO THEMSELVES OR OTHERS AND CASUALTY ACCIDENTS WHILE WORKING ON OR IN THE OTHER'S PREMISES/SYSTEMS. 12.2 NOTWITHSTANDING ANY ASSOCIATED LICENSESOTHER PROVISION OF THIS AGREEMENT, PROGRAMS, PRODUCTS, OR DATA HSA'S AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, RELATED THERETO, INCLUDING WITHOUT LIMITATION, CHARTER'S LIABILITIES TO ONE ANOTHER (EXCEPT FOR THE WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SPRINT DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RESULTS, RELIABILITY, CORRECTNESS OR PRECISION PAYMENT OF ANY DATA SUPPLIED BY IT. 6.3 NEITHER SPRINT NOR CUSTOMER WILL HAVE LIABILITY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, SERVICE INTERRUPTIONS, DELAYS, DEFECTS APPLICABLE TERMINATION FEE AND EXCEPT AS OTHERWISE SET FORTH IN TRANSMISSION, OR FOR ANY OTHER REASON, ARISING OUT OF THIS AGREEMENT OR THE OBLIGATIONS OF EITHER PARTY SECTION 13 HEREOF) UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL AMOUNT OF DAMAGES (AS LIMITED BY SECTION 11 ABOVE) INCURRED BY CHARTER OR HSA.

Limitation of Liability and Disclaimer of Warranty. 6.1 5.1 EXCEPT AS OTHERWISE PROVIDED IN THE WEB SERVICESVENDOR CONTRACT, SPECIFICATIONS SWRI DISCLAIMS ALL WARRANTIES WITH REGARD TO THE LICENSED SOFTWARE SOLD OR LICENSED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL ASSOCIATED LICENSESOBLIGATIONS OR LIABILITIES FOR DAMAGES, PROGRAMSINCLUDING BUT NOT LIMITED TO, PRODUCTSINDIRECT, AND DATA ARE PROVIDED TO CUSTOMER HEREUNDER ARE DELIVERED ―AS IS.‖ 6.2 SPRINT MAKES NO REPRESENTATIONS OR WARRANTIES UNDER OR RELATED TO THIS AGREEMENT OR THE WEB SERVICESINCIDENTAL, SPECIFICATIONS OR ANY ASSOCIATED LICENSES, PROGRAMS, PRODUCTSSPECIAL, OR DATA CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE. SERVICES MAY BE WARRANTED IN A SERVICE AGREEMENT. 5.2 EXCEPT AS OTHERWISE PROVIDED HEREIN, FLORIDA AND DISCLAIMS ANY AND TEXAS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WRITTEN WARRANTIES WITH REGARD TO THE LICENSED SOFTWARE SOLD OR ORAL, STATUTORY, EXPRESS OR IMPLIED, RELATED THERETOLICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION, THE WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ALL OBLIGATIONS OR USE. SPRINT DOES LIABILITIES ON THE PART OF FLORIDA AND TEXAS FOR DAMAGES, INCLUDING, BUT NOT WARRANTLIMITED TO, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RESULTS, RELIABILITY, CORRECTNESS OR PRECISION OF ANY DATA SUPPLIED BY IT. 6.3 NEITHER SPRINT NOR CUSTOMER WILL HAVE LIABILITY FOR INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER INDIRECT CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF MISTAKESOR IN CONNECTION WITH THE DELIVERY, ACCIDENTS, ERRORS, OMISSIONS, SERVICE INTERRUPTIONS, DELAYS, DEFECTS IN TRANSMISSIONUSE, OR FOR ANY OTHER REASON, ARISING OUT PERFORMANCE OF THIS AGREEMENT OR THE OBLIGATIONS OF EITHER PARTY UNDER THIS AGREEMENTLICENSED SOFTWARE.