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 11.1. Institute represents and warrants that, (a) as of the Effective Date, it has the right and authority to enter into and to grant the license set forth in this Agreement; and (b) the Content will operate substantially in accordance with the functional requirements set forth in its documentation, if any. While Institute makes reasonable efforts to ensure the accuracy and availability of the Content, Institute does not warrant that the data portions of the Content are accurate, that Member’s use of the Content will be uninterrupted, that the operation of the Content will be error free, or that the Content will achieve the results intended by Member. Institute does not warrant use of the Content via the Internet or via telecommunications lines or any network over which Institute has no direct control. 11.2. THIS IS A LIMITED WARRANTY, AND IT IS THE SOFTWARE ONLY WARRANTY MADE BY INSTITUTE. THIS WARRANTY IS EXCLUSIVE 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 ANY WARRANTIES WITH RESPECT TO THE USE INSTITUTE AND ITS SUPPLIERS SPECIFICALLY 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 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, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. NO ORAL DEALER, AGENT, OR WRITTEN INFORMATION EMPLOYEE OF INSTITUTE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADVICE GIVEN BY FOURTEC ADDITIONS TO THIS LIMITED WARRANTY. THE LICENSE GRANTED UNDER THIS AGREEMENT TO MEMBER DOES NOT INCLUDE THE RIGHT TO USE OR ITS DEALERSDISSEMINATE THE TRADEMARKS, AGENTSLOGO, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR ARTWORK, IMAGES AND GRAPHICS OF THIRD PARTIES CONTAINED IN THE CONTENT IN ANY WAY INCREASE THAT IS LIKELY TO CAUSE CONFUSION AS TO THE SCOPE OF THIS WARRANTYSOURCE, AFFILIATION, OWNERSHIP AND/OR SPONSORSHIP THEREOF. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED THE THIRD PARTY TRADEMARKS AND LOGOS THAT APPEAR IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR CONTENT ARE OWNED BY THEIR RESPECTIVE COMPANIES WHICH ARE NOT AFFILIATED IN ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, WAY WITH INSTITUTE. ACCESS TO SUCH THIRD PARTY CONTENT IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS AND THE LIKE) ARISING OUT YOUR USE THEREOF IS STRICTLY AT YOUR OWN RISK. NONE OF THE USE CONTENT IS WARRANTED TO BE FREE FROM ERRORS. INCLUSION OF ANY PRODUCT INFORMATION DOES NOT IMPLY THAT INSTITUTE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOASIS IN ANY WAY SPONSOR OR ENDORSE THAT PRODUCT. 11.3. The Content may contain links to other websites. Institute does not control or endorse these third party sites and shall not be responsible for their availability, content, delivery of service or liability arising from accessing any third party sites and/or the content appearing thereon.

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 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.

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.