Limited Warranty and Liability. Licensor warrants that the Maintenance and Support Services will be provided in conformance with the terms of this Agreement. Licensor does not make any other warranties, whether expressed or implied, whether regarding the performance of the Licensed Program or the services provided under this Agreement. Licensee acknowledges and agrees that Licensor has not warranted that the installation or use of the Software protects Licensee from cyber threats such as ransomware, hacking, data theft, data loss or any other perils resulting from the unauthorized acts of any third party or from Licensee’s own agents, consultants, contractors or employees. Licensee further acknowledges and agrees that Licensor has not warranted that will be possible to recover any data or other content that Licensee inputs or generates during the use of the Software in the event any such data or other content is lost or corrupted. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE LICENSED PROGRAM OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORT CONDUCT, INCLUDING NEGLIGENCE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE CONTAINED, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE LICENSOR IN CONNECTION WITH THIS AGREEMENT EXCEED THE MAINTENANCE AND SUPPORT FEE PAID BY THE LICENSOR IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Limited Warranty and Liability. 7.1. THE GAME IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
7.2. WE DO NOT GUARANTEE THAT THE GAME WILL BE:
7.2.1. FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS;
7.2.2. THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE;
7.2.3. THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR
7.2.4. THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
7.3. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
7.4. NOTHING IN THIS XXXX SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
7.5. TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
7.6. NOTHING IN THIS XXXX SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
7.7. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
Limited Warranty and Liability. 10.1 The Regents warrants to Licensee that it has the lawful right to grant this license. Except as expressly set forth in this Agreement, this license and the associated Patent Rights and Licensed Products and Associated Technology are provided by The Regents WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE REGENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT USE OR COMMERCIALIZATION OF THE PATENT RIGHTS OR LICENSED PRODUCTS OR ASSOCIATED TECHNOLOGY WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS.
10.2 This Agreement does not express or imply (a) a warranty or representation as to the validity, enforceability, or scope of any Patent Rights or Associated Technology; (b) a warranty or representation that anything made, used, sold, offered for sale, imported or otherwise exploited under any license granted in this Agreement is or will be free from infringement of patents, copyrights, or other rights of third parties; (c) an obligation on behalf of The Regents to bring or prosecute actions or suits against third parties for patent infringement; (d) by implication, estoppel or otherwise, confer any license or rights under any patents or other rights of The Regents other than Patent Rights, regardless of whether such patents are dominant or subordinate to Patent Rights; or (e) obligate The Regents to furnish any advancements, developments, or other improvements to the Patent Rights which are not entitled to the priority dates of Patent Rights, or know-how, technology or information not provided in Patent Rights or Associated Technology.
Limited Warranty and Liability. Discloser warrants that it has the right to disclose Confidential Information to Recipient. Discloser makes no other warranties in respect of the Confidential Information and provides all information “AS IS” without any express or implied warranty of any kind, including any warranty as to merchantability, fitness for a particular purpose, accuracy, completeness or violation of third party intellectual property rights. Neither party will be liable for any special, incidental or consequential damages of any kind whatsoever resulting from the disclosure, use or receipt of the Confidential Information.
Limited Warranty and Liability. The Foundry makes no warranties expressed or implied as to merchantability, fitness for a particular purpose, or otherwise. Without limiting the aforementioned, the Foundry shall in no event be liable to the Licensee entity or its Subcontractors for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, and loss of business information, arising out of the use or inability to use the Fonts. The Foundry makes no warranties on the compability of the Fonts with other software the Licensee may use. All implied warranties of merchantability or fitness for any particular purpose are specifically excluded and disclaimed. To the greatest extent permitted by applicable law, any implied warranties or exclusions not effectively excluded by this Agreement are limited to thirty (30) days starting from the moment of the Licensee receiving the Fonts. If given notice during this period the Foundry shall remedy the issue by either repairing or replacing the Fonts or reimbursing the full license fee to the Licensee within a reasonable amount of time. The choice of remedy is at the sole discretion of the Foundry. The Foundry reserves the right to decline to license the Fonts to any party if it so chooses. FREE TEST FONTS You are allowed to use the Free test fonts for the purpose of internal evaluation. This includes such use as (but not limited to) pitching to clients, mockups and visual composition tests. A commercial License must be obtained if these limitations are exceeded. Students who are currently enrolled in an educational institution are permitted to use the Free test fonts for their non-commercial academic work. The Free test fonts are distinguished from the commercial fonts with the word “Test” in the font family name, for example “Xxxxxxx Test”.
Limited Warranty and Liability. DonorTrak is provided 'as is' without any warranties. Dynamic Internet Solutions, LLC is not liable for any network, hardware, or software failures. If a Subscriber is dissatisfied with the service, the Subscriber can cancel the service with written notification to the Provider. The Provider will not refund the service fees for any prepaid amounts. Other than the foregoing, no warranty is made by Dynamic Internet Solutions, LLC regarding any information, service or product provided through, in connection with, or located on the computers of Dynamic Internet Solutions, LLC, and Dynamic Internet Solutions LLC hereby expressly disclaims any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services, and (ii) any warranties of merchantability or fitness for a particular purpose. The Subscriber agrees that under no circumstances shall the Provider or its agents or employees be liable for any loss, cost, expense, or damage to Subscriber in an amount that collectively exceeds the annual DonorTrak service fee paid to the Provider. The Subscriber acknowledges and agrees that the Provider and its agents and employees shall not be liable to the Subscriber for any indirect, incidental, punitive, exemplary, special, consequential damages or similar damages, including any lost profits or lost data arising out of the use or inability to use the DonorTrak management system even if the Provider has been advised of the possibility of such damages.
Limited Warranty and Liability. When selling Banknotes to Custom House, the Customer represents that the Banknotes are genuine, current legal tender of the agreed type and denomination. If the Banknotes are found nonconforming or defective, Custom House may return the Banknotes within thirty (30) Days of first receipt; and the Customer will replace the Banknotes, or remit to Custom House the current market value of the Banknotes in Canadian dollars, based on Custom House’s sell rate
Limited Warranty and Liability. 6.1 LICENSOR warrants that the PRODUCT substantially corresponds to the DOCUMENTATION and is not subject to the rights of third parties, in particular that its use does not infringe patents, copyrights or other intellectual property rights of third parties.
6.2 LICENSOR's entire warranty and liability shall be effective for a period of one (1) year from the date of delivery of the PRODUCT and shall be, at LICENSOR's option, either return of the license fee paid or repair or replacement of the PRODUCT and DOCUMENTATION.
6.3 The above warranty and liability provisions are the only ones and there are no other warranties / liabilities, including but not limited to implied warranties of merchantability, non-infringement of third-party intellectual property or fitness for a particular purpose. The warranty and liability is void if a defect results from accident, abuse or manipulation. LICENSOR shall not be liable for damages resulting from the use of or the inability to use the PRODUCT or DOCUMENTATION. LICENSOR's liability is restricted to the license amount actually paid by LICENSEE.
6.4 Notwithstanding sections 6.1, 6.2 and 6.3, the liability of the LICENSOR, its legaI representatives and employees resulting from breach of duty or tort is restricted to damages caused intentionally or by gross negligence. ln case of infringement of obligations, which are essential for this GeoDic• Software License Agreement, the LICENSOR, its lega! representatives and employees are also liable for slight negligence. ln any case, the liability under section 6.4 phrases 1 and 2 is limited by typical, foreseeable, direct damages. The liability is unrestricted for damages of the body, life or health.
Limited Warranty and Liability. All Content, analyses and recommendations of the CPAA System are based on data and sources NWEA believes reliable, but accuracy and completeness cannot be guaranteed. However, Subscriber should be aware of the risks involved in analyzing student performance and recommendations, and not assume that all students will test accurately. NWEA does not warrant the reliability, accuracy or completeness of the results of the CPAA System. NWEA does not warrant that the CPAA System is free from all bugs, errors or omissions. The warranty does not extend to any failure of the CPAA System caused by: any modification or change not made by NWEA; any noncompliance caused by use of the CPAA System in combination with products, goods, services or other items furnished by anyone other than NWEA; or use of the CPAA System or assessments or resulting data other than as designed or specified by NWEA in the Documentation. The CPAA System may include open source software components. This limited warranty is void if failure of the CPAA System results from (a) use of the CPAA System in connection with software or hardware not compatible with the CPAA system or not meeting the technical specifications provided by NWEA; (b) improper or inadequate maintenance; (c) accident, abuse, misapplication, or use of the CPAA System other than as described in the Documentation; or (d) inadequate internet connectivity bandwidth. This limited warranty is void if the CPAA System is altered or modified in any way by anyone other than NWEA. NWEA does not warrant that the operation of the CPAA System or availability of any related services will meet Subscriber’s requirements or be uninterrupted or error free. Subscriber is responsible for the results obtained and decisions made from its use of the CPAA System. NWEA assumes no responsibility for the operating environment or for your security programs in which the CPAA System functions. NWEA will use reasonable efforts at its facility to correct any failure of the CPAA System to comply with the foregoing warranty by delivering one or more error corrections, provided that Subscriber gives NWEA prompt written notice of such failure, and NWEA is able to reproduce the noncompliance. If, after the expenditure of such reasonable efforts, NWEA is unable to correct the CPAA System such that it complies with the foregoing warranty, NWEA will, at its sole option, either replace the CPAA System with a functionally equivalent software program or cancel this subscri...
Limited Warranty and Liability. E.1 For a period of thirty days since the download of the Font Sof- tware, the Supplier warrants that the Font Software downloaded from the Licensee’s account will perform in accordance with the specifications described on the Supplier’s website. The sole re- medy in case of a defective Font Software will be the repair, replacement or reimbursement, at the sole choice of the Supplier. To be entitled to any remedy, you must announce immediately any default. The warranty does not apply to any Font Software converted, manipulated or modified, or used in breach of the XXXX.
E.2 Except for the limited warranties set forth in this section, the Sup- plier makes no other warranties, express or implied. The warranties of fitness for a particular purpose and merchantability are specifically excluded. The Supplier does not warrant the performance and result you may obtain by using the Font Software. Finally, the Supplier espe- cially excludes any warranty on the compatibility of the software with other software you may use.
E.3 To the full extent permitted by applicable law, the Supplier will not be liable for any direct, indirect, incidental, punitive or special damages, including any lost profit, lost data or lost saving.
