Common use of Limited Warranty and Disclaimer of Warranty Clause in Contracts

Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC PROVIDES THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. FOURTEC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE USE OR THE PERFORMANCE OF THE SOFTWARE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FOURTEC EXPRESSLY DISCLAIMS ALL WARRANTIES. FOURTEC DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVE, THE CUSTOMER AND NOT FOURTEC, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOURTEC OR ITS DEALERS, AGENTS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC PROVIDES ProQuest warrants that the Service will perform substantially as documented on ProQuest’s public websites (the “ProQuest Websites”). EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL ON AN "SERVICE IS PROVIDED “AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. FOURTEC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE USE ” AND “AS AVAILABLE.” PROQUEST AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR THE PERFORMANCE OF THE SOFTWARE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEINCLUDING WITHOUT LIMITATION, AND FOURTEC EXPRESSLY DISCLAIMS ALL WARRANTIES. FOURTEC DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERRORTHOSE PERTAINING TO: MERCHANTABILITY, NON-FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVEINFRINGEMENT, THE CUSTOMER AND NOT FOURTEC, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL , AVAILABILITY, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, CURRENCY, OR WRITTEN COMPLETENESS OF THE SERVICE OR ANY INFORMATION OR ADVICE GIVEN BY FOURTEC OR ITS DEALERSRESULTS OBTAINED THROUGH THE SERVICE, AGENTS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC HAS BEEN ADVISED ASSISTED BY PROQUEST. PROQUEST SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY PROQUEST WITH THE POSSIBILITY SERVICE AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH DAMAGESHARDWARE OR SOFTWARE WITH THE SERVICE. 12. Garantie limitée et Clause de non responsabilité. ProQuest garantit que le Service fonctionnera pour l’essentiel, tel que documenté sur les sites Internet publiques de ProQuest (ci-après, les « sites Internet de Proquest »). À L’EXCEPTION DES GARANTIES FIGURANT EXPRESSÉMENT ICI, LE SERVICE EST FOURNI « EN l’ÉTAT ET « TEL QU’IL EST DISPONIBLE ». PROQUEST ET SES CONCÉDANTS EXCLUENT TOUTE AUTRE GARANTIE, EXPRESSE OU IMPLICITE, Y COMPRIS MAIS SANS S’Y LIMITER, LES GARANTIES EN LIEN AVEC : LA QUALITÉ MARCHANDE, LA NON-VIOLATION, L’ADÉQUATION À UN USAGE PARTICULIER, LA DISPONIBILITÉ, L’EXACTITUDE, LA PONCTUALITÉ, LA RECTITUDE, LA FIABILITÉ, L’ACTUALISATION OU L’INTÉGRITÉ DU SERVICE OU ENCORE DES INFORMATIONS OU DES RÉSULTATS OBTENUS GRÂCE AU SERVICE, MÊME SI PROQUEST A FOURNI SON ASSISTANCE. PROQUEST DÉCLINE SPÉCIFIQUEMENT TOUTE RESPONSABILITÉ DANS LA DÉTERMINATION DE LA COMPATIBILITÉ DES ÉQUIPEMENTS OU DES LOGICIELS NON FOURNIS PAR PROQUEST AU SEIN DU SERVICE ET NE FOURNIT AUCUNE GARANTIE EN LIEN AVEC L’UTILISATION DE TELS ÉQUIPEMENTS OU LOGICIELS AVEC LE SERVICE.

Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC fourtec PROVIDES THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. FOURTEC fourtec DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE USE OR THE PERFORMANCE OF THE SOFTWARE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FOURTEC fourtec EXPRESSLY DISCLAIMS ALL WARRANTIES. FOURTEC fourtec DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVE, THE CUSTOMER AND NOT FOURTECfourtec, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC fourtec EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE ADVISE GIVEN BY FOURTEC fourtec OR ITS DEALERS, AGENTS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NEITHER FOURTEC fourtec NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE.) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC fourtec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC PROVIDES For a period of 90 days from the date on which you purchased the Software, the COMPANY warrants that the media on which the Software is supplied will be free from defects in materials and workmanship under normal use. If the Software fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the Software to us with a dated proof of purchase. The COMPANY does not warrant that the Software or its operations or functions will meet your requirements, nor that the use thereof will be without interruption or error. EXCEPT FOR THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL ON AN "AS IS" BASIS WITHOUT EXPRESS WARRANTY OF ANY KIND. FOURTEC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO SET FORTH ABOVE, THE USE OR THE PERFORMANCE OF THE SOFTWARE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FOURTEC EXPRESSLY COMPANY DISCLAIMS ALL WARRANTIES. FOURTEC DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS , EXPRESS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE RESULTS IMPLIED, INCLUDING AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVE, THE CUSTOMER AND NOT FOURTEC, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IN NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOURTEC EVENT SHALL THE COMPANY OR ITS DEALERS, AGENTS, DISTRIBUTORS EMPLOYEES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL LICENSORS BE LIABLE FOR ANY DIRECTINCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCIDENTAL DAMAGES (IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONAND WITHOUT LIMITATION, LOSS OF BUSINESS INFORMATIONUSE, AND LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE LIKE) ARISING OUT COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., IN NO EVENT SHALL LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ACKNOWLEDGEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER

Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC PROVIDES Licensor warrants that the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the “Warranty Period”). THE SOFTWARE WARRANTIES ABOVE ARE EXCLUSVE AND ACCOMPANYING WRITTEN MATERIAL ON AN "AS IS" BASIS WITHOUT WARRANTY IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED. FOURTEC DOES NOT MAKE LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE USE OR THE PERFORMANCE OF THE SOFTWARETITLE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENTNON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FOURTEC EXPRESSLY DISCLAIMS ALL WARRANTIES. FOURTEC DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVE, THE CUSTOMER AND NOT FOURTEC, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL (A) ACHIEVE SPECIFIC RESULTS, (B) OPERATE WITHOUT INTERRUPTION, OR WRITTEN INFORMATION (C) BE ERROR FREE. LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT FAULT TOLERANT. THE SOFTWARE IS NEITHER DESIGNED NOR INTENDED FOR USE IN A SITUATION WHERE THE SOFTWARE’S FAILURE COULD LEAD TO DEATH OR ADVICE GIVEN BY FOURTEC SERIOUS BODILY INJURY OF ANY PERSON, OR ITS DEALERSTO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK USE”). LICENSEE IS NOT LICENSED TO USE THE SOFTWARE IN, AGENTS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE CONJUNCTION WITH, HIGH RISK USE. HIGH RISK USE INCLUDES, FOR EXAMPLE: AIRCRAFT OR OTHER METHODS OF THIS WARRANTY. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION HUMAN MASS TRANSPORTATION, NUCLEAR OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONCHEMICAL FACILITIES, AND CLASS III MEDICAL DEVICES UNDER THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESU.S. FOOD, DRUG, AND COSMETIC ACT.