LIMITATIONS ON WARRANTIES AND LIABILITY. (a) ONESOFT warrants only that each Software Product, at the time of initial delivery to CLIENT pursuant to a Product Addendum, is capable of performing substantially the functions described in ONESOFT's published technical documentation at such time for such Software Product, or any product description that accompanies a Product Addendum; provided, however, that each Software Product is otherwise accepted by CLIENT "as is." ONESOFT does not warrant that the operation of any Software Product will be uninterrupted or error free. (b) ONESOFT warrants that each Software Product shall not, at the time of execution of a Product Addendum infringe any valid United States Copyright, United States Patent or United States Trademark. In the event such warranty is breached, ONESOFT agrees to defend any and all actions alleging any such infringement that may be brought against CLIENT during the term of this Agreement, and to pay all damages and costs finally awarded against CLIENT in such actions or suits on account of such infringement provided that: (i) ONESOFT shall have received from CLIENT prompt notice of the commencement of any such action; (ii) CLIENT, and where applicable, those for whom CLIENT is in law responsible, shall cooperate fully with ONESOFT in defense of the action; (iii) The action shall not have resulted from the use of any Software Product for purposes other than those for which it was authorized and designed, or the use of any Software Product in combination with software or other products not supplied by ONESOFT, or where the infringement would have been avoided by use of the then current version of any of the Software Products; (iv) ONESOFT in its sole discretion instead of defending such action may procure for CLIENT the right to continue the use of the Software Products subject to such action or it may replace or modify such Software Products so to become non-infringing or it may refund a portion of the license fees for such Software Products as reduced based upon a five year straight line amortization of such fees. (c) A medium on which a Software Product is furnished is warranted to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery of the Software Product. (d) ONESOFT warrants that its Software is designed to be used in connection with dates in the range of **** through **** and that the Software will operate during each such time period without error relating to dat...
LIMITATIONS ON WARRANTIES AND LIABILITY. 8.1 COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY COST OF SUBSTITUTE PRODUCT(S), FACILITIES, OR SERVICES,, LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT.
LIMITATIONS ON WARRANTIES AND LIABILITY. 10 Section 11.1
LIMITATIONS ON WARRANTIES AND LIABILITY. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NEITHER PARTY MAKES ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, TO THE OTHER EXCEPT AS SET FORTH SPECIFICALLY HEREIN. EXCEPT WITH RESPECT TO BREACH OF ANY OF THE PROVISIONS OF SECTION 8 HEREOF, NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS BUT NOT LIMITED TO A LOSS OF PROFITS), EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS ON WARRANTIES AND LIABILITY. THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT THOSE INCLUDED IN THIS AGREEMENT. IN PARTICULAR, WITHOUT IN ANY MANNER LIMITING THE FOREGOING, THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE WATERCRAFT(S) THE USE OF WHICH WILL OR MAY BE FURNISHED TO MEMBER PURSUANT TO THIS AGREEMENT AND ANY SUCH REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH MEMBER MAY RELY ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID EQUIPMENT. THE CLUB SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OR DAMAGE TO PERSONAL PROPERTY BROUGHT BY MEMBER, OR ANY OF MEMBER’S FAMILY, GUESTS, INVITEES, OR THIRD PARTY ABOARD CLUB WATERCRAFT USED BY MEMBER. THE CLUB SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER FOR ANY DEFECT, LATENT OR OTHERWISE, IN ANY WATERCRAFT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT, NOR SHALL THE CLUB BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY OR RESULTING FROM ANY DEFECT, ACT, OR OMISSION IN THE CONSTRUCTION, MAINTENANCE, OPERATION, OR USE OF ANY WATERCRAFT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT.
LIMITATIONS ON WARRANTIES AND LIABILITY
