Common use of Limited Warranty and Disclaimers Clause in Contracts

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUE.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER TO THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREINMAXIMUM EXTENT ALLOWED BY LAW, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY WILL CLOUDJUMPER OR ITS AFFLIATES BE LIABLE FOR ANY CLAIM LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORYOF USE, INCIDENTALLOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR EXEMPLARY DAMAGES)OTHERWISE. CLOUDJUMPER’S AND ITS AFFILIATES’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IRRESPECTIVE IN ANY EVENT, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN INFORMEDTHE CLAIM IS BASED IN CONTRACT, KNEWTORT, STRICT LIABILITY, OR SHOULD HAVE KNOWN OF OTHERWISE, EXCEED THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF AMOUNT SET FORTH IN THE LIMITATION OF LIABILITY SET FORTH IN LIABILITY/SOLE REMEDY PROVISION OF THE SA. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CLOUDJUMPER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER MAY NOT BRING A CLAIM UNDER THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT LATER THAN EIGHTEEN (18) MONTHS AFTER THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) CAUSE OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEACTION ARISES.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERYSpear Innovations represents and warrants to Purchaser that Spear Innovations has the authority to enter into the Agreement and grant the rights set forth herein. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED AS EXPRESSĮY SET FORTH HEREIN, TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY ĮAW, THE SPEAR OFFERINGS ARE PROVIDED WITHOUT WARRANTY SOĮD “AS IS”. SPEAR INNOVATIONS, ITS AFFIĮIATES AND ITS THIRD-PARTY SERVICE PROVIDERS EXPRESSĮY DISCĮAIM AĮĮ OTHER WARRANTIES, EXPRESS OR IMPĮIED, INCĮUDING, BUT NOT ĮIMITED TO THE IMPĮIED WARRANTIES OF ANY KINDMERCHANTABIĮITY, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDEDPARTICUĮAR PURPOSE, NONINFRINGEMENT AND THOSE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEAĮING, OR FROM USAGE OF TRADE. INTERMAP SPEAR DOES NOT WARRANT THAT THE PRODUCTS WILL SPEAR OFFERINGS MEET YOUR NEEDS PURCHASER OR EXPECTATIONS END CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF ANY SERVICES WIĮĮ BE UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, WITHOUT DATA ĮOSS, OR THAT DEFECTS IN THE SERVICES WIĮĮ BE CORRECTED. FURTHERMORE, NEITHER SPEAR NOR ITS THIRD-PARTY SERVICE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PERFORMANCE OR THE RESUĮTS OF THE USE OF THE PRODUCTS WILL BE ERROR FREE SPEAR OFFERINGS OR UNINTERRUPTED. DOCUMENTATION IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORYTERMS OF THEIR CORRECTNESS, INCIDENTALACCURACY, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEWREĮIABIĮITY, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGESOTHERWISE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT NO ORAĮ OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEAR OR ITS AUTHORIZED REPRESENTATIVES SHAĮĮ CREATE A WARRANTY OR TORTIN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLEThe foregoing limitations and exclusions apply to the extent permitted by applicable law in End Customer’s jurisdiction. If applicable law limits the application of the provisions of this Section, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT Spear Innovations’ liability will be limited to the maximum extent permissible. The possible product-specific warranty policies (50%if included with the Quote or Product Documentation) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEcontain the warranty terms that apply to the specific Spear Offerings and are hereby incorporated into these Terms by reference. All warranties are solely for the benefit of the End Customer. Provided, however, Spear Innovations does not accept warranty claims directly from End Customers that purchase Spear Offerings from a Reseller. Resellers are expected to manage warranty claims escalated by its End Customers.

Limited Warranty and Disclaimers. INTERMAP WARRANTS This warranty is expressly conditioned on Customer’s compliance with the operating, security, and data-control procedures set forth in the User’s Manual and Documentation as provided by Company. As Customer’s exclusive remedy for any material nonconformity or defect in the Software for which Company is responsible, Company shall attempt through commercially reasonable efforts to correct or cure any reproducible defect by issuing corrected instructions, as restriction or a bypass. In the event Company is unable to correct or cure such nonconformity or defect after it has had a reasonable period of time to do so Customer’s exclusive remedy shall be a refund of the amount paid as the license fee for the defective or nonconforming module of the Software during the then current term. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, COMPANY AND ORACLE SHALL HAVE NO LIABILITY FOR SIXTY (60) DAYS AFTER THE DELIVERY SERVICES, THE ORACLE PROGRAM OR ANY OTHER SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; COMPANY AND ORACLE DO NOT WARRANT THAT THE SERVICE WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, THAT COMPANY WILL CORRECT ALL ERRORS OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE PRODUCTS SERVICE THAT ARISE FROM CUSTOMER CONTENT OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE DATA DELIVERED WILL BE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THE AREA THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL MERCHANTABILITY, TITLE, OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEPURPOSE.

Limited Warranty and Disclaimers. INTERMAP MCAFEE WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS TO AUTHORIZED OEM ONLY THAT THE DATA DELIVERED MCAFEE PRODUCTS WILL COMPLY WITH THE WARRANTIES SET FORTH IN TO THE END USER LICENSE AGREEMENT THAT ACCOMPANIES THE MCAFEE PRODUCTS. MCAFEE MAKES NO WARRANTY THAT ALL ERRORS OR FAILURES WILL BE CORRECTED. MCAFEE MAKES NO WARRANTY WITH RESPECT TO ERRORS OR FAILURES RESULTING FROM MISUSE, MISINSTALLATION, MISHANDLING, NEGLECT, ACCIDENT, OR ABUSE OF MCAFEE PRODUCTS; OR ERRORS RESULTING FROM INCORPORATION OF MCAFEE PRODUCTS INTO A SYSTEM, OR FAILURES TO APPLY UPDATES OR UPGRADES. MCAFEE MAKES NO WARRANTY THAT THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA MCAFEE PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES). MCAFEE MAKES NO WARRANTY THAT THERE WILL BE FREE FROM PHYSICAL NO MALFUNCTIONS CAUSED BY VIRUS, INFECTION, WORM OR MATERIAL DEFECTSSIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE MCAFEE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KINDNOT DESIGNED, MANUFACTURED, TESTED OR INTENDED FOR HIGH RISK ACTIVITIES, AND MCAFEE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY FOR HIGH RISK ACTIVITIES. AUTHORIZED OEM AND ITS RESELLERS AND END USERS USE OR DISTRIBUTE MCAFEE PRODUCT(S) FOR HIGH RISK ACTIVITIES AT THEIR OWN RISK. AUTHORIZED OEM, ITS RESELLERS, AND END USERS WAIVE ALL CLAIMS AGAINST MCAFEE ARISING FROM USE OR DISTRIBUTION FOR HIGH RISK ACTIVITIES. MCAFEE MAKES NO OTHER WARRANTIES OR MERCHANTABILITY REGARDING THE MCAFEE PRODUCTS AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEPURPOSE.