Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx from and against any claim, demand, liability or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters.
(B) Xxxxxxx Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount.
(C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.
Limitations and Disclaimers. EACH AIRCRAFT AND THE FINAL SPARES PACKAGE ARE SOLD AND DELIVERED TO BUYER “AS IS” AND “WHERE IS”, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY OF SELLER EXPRESS OR IMPLIED, OF ANY KIND, ARISING BY LAW OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, BUYER UNCONDITIONALLY AGREES THAT EACH AIRCRAFT AND THE FINAL SPARES PACAKGE ARE SOLD AND PURCHASED IN AN “AS IS, WHERE IS” CONDITION AND “WITH ALL FAULTS” AS AT THE APPLICABLE CLOSING DATE, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, NO TERM, CONDITION, WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND HAS BEEN ACCEPTED, MADE OR IS GIVEN BY SELLER OR ITS SERVANTS OR AGENTS IN RESPECT OF THE VALUE, QUALITY, DURABILITY, DATE PROCESSING, CONDITION, DESIGN, OPERATION, DESCRIPTION, MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE OF ANY AIRCRAFT OR THE FINAL SPARES PACKAGE, AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AS TO THE COMPLETENESS OR CONDITION OF THE RECORDS RELATING TO SUCH AIRCRAFT OR THE FINAL SPARES PACKAGE, AND/OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN, OR OTHER PROPRIETARY RIGHTS. ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (OR OBLIGATION OR LIABILITY, IN CONTRACT OR IN TORT) IN RELATION TO ANY ONE OR MORE OF THOSE MATTERS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED.
Limitations and Disclaimers. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WARRANTIES AND REMEDIES SET FORTH IN THIS ARTICLE 14 FOR ANY NON-CONFORMANCE OF EQUIPMENT OR SERVICES ARE THE EXCLUSIVE WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNERS ARE BASED IN CONTRACT, IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
(b) Any warranties not expressly made in this Agreement are expressly waived by the Owners.
(c) Notwithstanding the foregoing provisions of this Article 14, Contractor shall have no liability hereunder for non-conformance of Equipment or material or performance, to the extent that it results, in whole or in part, from any of the following and is not attributable to any acts or omissions of Contractor, its Subcontractors or Vendors or the Personnel of any of them:
(i) Operation of the Facility outside of the Design Bases of the Equipment or integrated system;
(ii) Use, handling, storage, operation or maintenance of the Equipment or material therein in violation of manufacturer’s written instructions (provided that such instructions have been delivered to Owners) or Prudent Practices or operation outside the guidelines of the Specifications following Turnover of a system or structure;
(iii) Alteration, abuse or misuse of the Equipment unless such alteration is approved by Contractor;
(iv) Any operation or maintenance of the Equipment that is not in accordance with either of the Operating Procedures or Maintenance Procedures;
(v) Operation or maintenance by personnel not qualified in accordance with Southern Nuclear's standard qualification requirements for operating or maintenance personnel; or
(vi) Use of Nuclear Fuel in the Unit that is not designed and fabricated by Westinghouse.
(d) Contractor shall be relieved from fulfilling its Warranty obligations as specified in this Article 14 to the extent that:
(i) A Nuclear Incident occurs, and
(ii) the consequences, including radiation, of such Nuclear Incident prevent Contractor from performing such Warranty obligations; provided, however, that Contractor shall be obligated to fulfill such Warranty obligations at such time as Contracto...
Limitations and Disclaimers. Trainee/Consultant and RDIconnect, Inc. agree to the following terms: 4A. Limitation of Liability, Indemnification: Trainee/Consultant hereby accepts all liability for care of Trainee/Consultant's Clients, whether or not Trainee/Consultant used RDI® Program or RDA™ tools in the care of Trainee/Consultant's Clients, and affirms the following understandings: 4A1. RDIconnect, Inc.'s liability for any claims or damages resulting from or in any way connected to this contract is limited to and based upon the training given to Trainee/Consultant under this contract. 4A2. Trainee/Consultant acknowledges and agrees that RDIconnect, Inc.'s liability under this contract will be limited to the consideration paid under this contract and in no way will RDIconnect, Inc. be liable for any of Trainee/Consultant's consequential damages.
Limitations and Disclaimers a. No trademark or patent rights held by Xxxxxxxx are waived, abandoned, surrendered, licensed or otherwise affected by this document.
b. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
d. Xxxxxxxx understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
Limitations and Disclaimers. (a) THE WARRANTIES AND GUARANTEES AND RELATED REMEDIES SET FORTH IN THIS ARTICLE 14 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND RELATED REMEDIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNER ARE BASED IN CONTRACT OR IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY).
(b) Any warranties not expressly made herein are expressly waived by Owner.
(c) Notwithstanding the foregoing provisions of this Article 14, Contractor shall have no liability hereunder for non-conformance or failure of Equipment, or material, or performance, that results, in whole or in part, from:
(i) Operation of the Equipment outside of the design basis of the Equipment or integrated system.
(ii) Following Turnover of a system or structure, improper use, or abnormal handling, storage, operation or maintenance of the Equipment or material therein, or operation outside the guidelines of the Specifications, including employment at any time for purposes other than those for which such Equipment and material are intended, or under other abnormal conditions or incompetent supervision.
(iii) Alteration, abuse or misuse of the Equipment by persons other than Contractor, its Subcontractors and the employees and agents of either.
(iv) Any operation or maintenance of the Equipment that is not in accordance with the Unit Operating Procedures and Maintenance Procedures.
(v) Operation by personnel not qualified in accordance with Section 3.6(g).
(d) Contractor shall be relieved from fulfilling its warranty obligations as specified in this Article 14 if:
(i) A Nuclear Incident occurs through no fault of Contractor and gives rise to the non-conformance, and
(ii) All the consequences, including radiation, of such Nuclear Incident preventing Contractor from performing such warranty obligations are not removed within the applicable Warranty Period. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures
Limitations and Disclaimers. To the extent permitted by law, and subject to the Specification Warranty. THIS WARRANTY IS EXCLUSIVE, IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
Limitations and Disclaimers. The limitations and disclaimers governing the present grant in relation to the Software Deliverables are laid down in Exhibit II. In the case of any conflict or ambiguity between the provisions of this Agreement and the conditions laid down in Exhibit II, the terms of this Agreement shall prevail. For sake of clarity, it is specified that such limitations and disclaimers only apply to the Software Deliverables, at the exclusion of the industrialized version of the Software Deliverables which shall be submitted to the terms and conditions of the commercial license granted by the Commercial Provider.
Limitations and Disclaimers. 10.1 The User is aware that the Data Factory is in a pilot phase and subject to ongoing improvements and development. AI Sweden may as a consequence, without giving prior notice to the User, modify, update and/or make changes to the Data Factory during the Term which may cause downtime or other disturbances to the User’s access to and use of the Data Factory.
10.2 Although AI Sweden will use reasonable efforts to uphold the expected functionality and capacity of the Data Factory, the Data Factory is provided “as is” and on a strict no warranties basis.
10.3 AI Sweden may have other Use Cases simultaneously running in the Data Factory and the User will only be granted access to Data Factory capacity as long as there is Data Factory capacity available.
10.4 While due care will be taken to maintain appropriate technical and organizational measures, AI Sweden accepts no responsibility for mistakes, omissions, or legal infringements with regard to the Data Factory or the Use Case. AI Sweden is not liable for loss or damage with regard to the Use Case. AI Sweden shall incur no liability in respect of the Use Case or for the loss of or damage to any of the data, algorithms or systems or associated documentation or other loss or damage related to the Use Case and its contents or omissions and/or use by or damage caused to any person relating to the Use Case. AI Sweden hereby fully excludes all such liability to the extent permissible by applicable law.
Limitations and Disclaimers. 1. Throughout the entire period of License (regardless of the fact of further, possible cooperation with NAV24 or lack of it), CLIENT:
1) may not copy NAV24’S SOFTWARE, except for making a backup copy for installation or data archive purposes. The backup cannot be used simultaneously with NAV24’S SOFTWARE;
2) is not authorized to rebuild, disassemble, decompile of NAV24’S SOFTWARE or to make other attempts to study and decipher the source code or structural framework of NAV24’S SOFTWARE, with the exception of:
a) observe, study and test the functioning of NAV24’S SOFTWARE in order to learn its ideas and principles, if, being authorized by NAV24, it does so while displaying, introducing, using, transferring or storing NAV24’S SOFTWARE, b) duplicating the code or translating its form, if it turns out to be necessary to obtain information necessary to achieve interoperability of an independently created computer program with SOFTWARE, provided that the following conditions are met:
i. activities will be performed by CLIENT or another person acting on behalf of CLIENT,
ii. the information necessary to achieve cooperation was not previously readily available to CLIENT or a person acting on behalf of CLIENT, iii. these activities relate only to the parts of NAV24’S SOFTWARE that are necessary to achieve interoperability.
3) is not entitled to adapt, modify, change, translate NAV24’S SOFTWARE, which could result in derivative or derivative works, or create any derivative or derivative works or works based on NAV24’S SOFTWARE;
4) is not entitled to remove, change or hide any information about copyrights or industrial property rights or other proprietary rights relating to NAV24’S SOFTWARE;
5) cannot circumvent or attempt to circumvent any methods used by NAV24 to control access to the components and functions of NAV24’S SOFTWARE, 6) may not use NAV24’S SOFTWARE to create a competitive product or software or in any other way not specified in License;
7) may not use NAV24’S SOFTWARE to transmit viruses that infect software or other harmful computer code, files or programs; bypass, disable or otherwise interfere with the security- related functions of NAV24’S SOFTWARE The information referred to in section 1 point 2) above may not be:
1) used for purposes other than achieving interoperability of an independently created computer program,
2) transferred to other persons, unless it is necessary to achieve interoperability of an independently created computer program,
3...
