LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE IS PROVIDED TO YOU "AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITY.
LIMITATION OF WARRANTY AND LIABILITY. ALTISOURCE DOES NOT MAKE WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, RELATED TO OR ARISING OUT OF THE LICENSED XXXX OR THIS AGREEMENT.
(a) ALTISOURCE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR TITLE, AND ALL OTHER WARRANTIES THAT MAY OTHERWISE ARISE FROM COURSE OF DEALING, USAGE OF TRADE OR CUSTOM.
(b) IN NO EVENT SHALL ALTISOURCE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE LICENSED XXXX, EVEN IF ALTISOURCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the failure of essential purpose of any remedies available to either party.
LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bank’s external funds transfer service is provided “as- is” except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system Or loss of data that results from the download or the obtaining of such material and/or data; Except as expressly set forth on Avidia Bank’s consumer internet banking application or in this Agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank from the accounts or that the external funds transfer service will meet any user’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration of a user’s transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.
LIMITATION OF WARRANTY AND LIABILITY. 14.1. In no case, nor MrDomain, nor the corresponding Registries, nor the managers and executives, managers, shareholders, agents or workers dependent on the company liable in any lawsuit directly or indirectly related to the use made by the CUSTOMER and/or the owner use of the Domain Name.
14.2. The owner of a domain name and secondarily our customer, for cases in which both figures do not match, you agree to indemnify, defend, hold free of charge and hold any responsibility both to the relevant Registry and MrDomain as well as its directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc.. including reasonable legal fees and expenses arising from or related to the registration of the domain name owner. This obligation shall survive the termination of the contract.
14.3. The parties acknowledge that the coming into force of this contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this contract, and accordingly, all terms, conditions, warranties or other aspects implied by general regulations or agreements are explicitly excluded to the extent permitted by law.
LIMITATION OF WARRANTY AND LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, DELTAGEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE KNOCKOUT MICE GENERATED UNDER THIS AGREEMENT OR THE KNOCKOUT MOUSE PROJECTS. DELTAGEN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION A WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOSS OF PROFITS OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF THIS AGREEMENT OR THE RESEARCH, DEVELOPMENT, GENERATION OR USE OF THE KNOCKOUT MICE UNDER THIS AGREEMENT.
LIMITATION OF WARRANTY AND LIABILITY. Except as described in this Agreement or pursuant to applicable law, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use External Transfers, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on External Transfers, any loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.
LIMITATION OF WARRANTY AND LIABILITY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
LIMITATION OF WARRANTY AND LIABILITY. OUR SERVICE IS PROVIDED ON AN "AS-IS", “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. USE OF THE SERVICE AND OF ANY MATERIALOR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL OR DATA.
LIMITATION OF WARRANTY AND LIABILITY. (a) Except as otherwise specifically provided herein, neither party warrants any connection to, transmission over, nor results or use of, any network connection, service, equipment or facilities provided under this agreement. Each party further disclaims all warranties, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability and fairness for a particular purpose and non-infringement of third party rights. Except as specifically provided herein, each party specifically disclaims any responsibility for any damages suffered by the other party or any third party, except for those caused by such party's gross negligence or willful misconduct.
(b) Neither party shall be liable to the other or anyone claiming through the other for an amount in excess of three hundred fifty thousand dollars ($350,000.00) per incident, for any loss, damage, liability, claim or expense ("claims") arising out of or in relation to this agreement or the provision of any software, hardware, or service, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall either party be liable for any indirect, incidental, special, punitive or other consequential damages whether or not foreseeable (including, without limitation, damages for the loss of data, goodwill or profits) arising out of or in relation to this agreement even if advised beforehand of the possibility of such liability.
LIMITATION OF WARRANTY AND LIABILITY. 7.1. Unless expressly stated herein or CST Terms of Service:
7.1.1. All representations and warranties of any kind express or implied, including, without limitation, any warranties (1) non-infringement or (2) protecting the Subscriber from the dangers of the internet and hacking (3) of Service fitness for other purposes or merchantability, are hereby excluded.
7.1.2. Salam or its content providers shall not be liable for any direct, indirect, incidental, special, punitive or consequential losses or any other foreseeable or unforeseeable loss resulting directly or indirectly in connection with the Service(s) that may be suffered by the Subscriber.
7.1.3. Xxxxx shall not liable for Service degradation inside the Subscriber’s premises due to structural obstacles.
