Limitations on Warranties. Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
Limitations on Warranties. 14.1 Notwithstanding anything else in this Agreement, neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the incompetence of the Authorized Users to properly use the Licensed Materials.
14.2 The Distributor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any of the Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
14.3 Except for the express warranties stated elsewhere in this Agreement, the Distributor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability, or fitness for a particular purpose.
Limitations on Warranties. The express warranty set forth in this Section 9(B) is the only warranty given by HCL with respect to the Software furnished hereunder. HCL makes no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.
Limitations on Warranties. You must report all warranted problems to Kofax in writing within the warranty period. The Software warranty is excluded if You have modified or altered the Software, installed, operated, repaired or maintained the Software other than in accordance with the then-current documentation for such Software, subjected the Software to misuse, negligence, or accident, or if the error reported by You cannot reasonably be reproduced. The warranties for the Software do not extend to, and Kofax’s will not have any obligation to remedy, any interference with or failure or degradation of the performance of the Software arising from or caused by (a) Your failure to meet and comply with Kofax’s specifications and requirements for implementation and/or execution of the Software, including as provided in the Software Maintenance and Support Agreement, (b) Your violation of any restrictions upon the use of the Software, (c) Your installation, of any other software, hardware, product or apparatus in Your application environment following the installation of the Software, or (d) any Software implementation, support or other services not provided by Kofax.
Limitations on Warranties. You must report all warranted problems to Tungsten in writing within the warranty period. The Software warranty is excluded if You have modified or altered the Software, installed, operated, repaired or maintained the Software other than in accordance with the then-current documentation for such Software, subjected the Software to misuse, negligence, or accident, or if the error reported by You cannot reasonably be reproduced. The warranties for the Software do not extend to, and Tungsten’s will not have any obligation to remedy, any interference with or failure or degradation of the performance of the Software arising from or caused by (a) Your failure to meet and comply with Tungsten’s specifications and requirements for implementation and/or execution of the Software, including as provided in the Software Maintenance and Support Agreement, (b) Your violation of any restrictions upon the use of the Software, including any use restrictions described in Tungsten’s product documentation, (c) Your installation, of any other software, hardware, product or apparatus in Your application environment following the installation of the Software, or (d) any Software implementation, support or other services not provided by Tungsten.
Limitations on Warranties. Except as expressly provided in this License Agreement, the Licensor makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, and merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus or other such malicious computer program. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits arising out of this License Agreement, or the use of or the inability to use the Licensed Materials.
Limitations on Warranties. (a) Except for the representations and warranties contained in this Agreement, the Company’s Disclosure Letter and any agreements or certificates delivered pursuant to this Agreement, the Company makes no other express or implied representation or warranty to Parent or Merger Subsidiary. Parent and Merger Subsidiary each acknowledge that, in entering into this Agreement, it has not relied on any representations or warranties of the Company other than the representations and warranties of the Company set forth in this Agreement, the Company’s Disclosure Letter or any agreements or certificates delivered pursuant to this Agreement.
(b) Except for the representations and warranties contained in this Agreement and any agreements or certificates delivered pursuant to this Agreement, Parent and Merger Subsidiary make no other express or implied representation or warranty to the Company. The Company acknowledges that, in entering into this Agreement, it has not relied on any representations or warranties of Parent and Merger Subsidiary other than the representations and warranties of Parent and Merger Subsidiary set forth in this Agreement or any agreements or certificates delivered pursuant to this Agreement.
Limitations on Warranties. The express warranty set forth in this Section 10(A) is the only warranty given by HCL with respect to the Software and Documentation furnished hereunder and any service supplied from time to time; HCL makes no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose (except during the period of the express warranty stated above). In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Section 10(A) more than one year after the date on which the breach of warranty occurred.
Limitations on Warranties. The express warranty set forth in this Section 9 is the only warranty given by Geometric with respect to the Software furnished hereunder. Geometric makes no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.
Limitations on Warranties. Notwithstanding anything else in this Agreement, neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated elsewhere in this Agreement, Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability, or fitness for a particular purpose.
