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.
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.
Limited Warranty and Liability. 1. MISONIX warrants that the materials described herein shall meet the specifications as set forth in Schedule B, but DOES NOT WARRANT THE SUITABILITY OR USES WHICH MAY BE MADE OF THE SAME OR THE UNITS TO BE PRODUCED HEREUNDER.
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 a. EXCEPT AS FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, WE PROVIDE ALL SERVICE(S) AND EQUIPMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIBERTY, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS WARRANT THAT LIBERTY EQUIPMENT OR SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT UNCORRUPTED COMMUNICATIONS. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
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 a. SimpliVity’s limited warranty provides for a period of ninety (90) days after delivery the Product will be free from defects in material and workmanship, and will substantially conform to the applicable SimpliVity technical documentation provided with the Product. This limited warranty does not apply to problems that arise from (i) other items or services not provided or authorized by SimpliVity, (ii) installation or configuration other than in accordance with SimpliVity’s written instructions or the applicable SimpliVity technical documentation, (iii) use of the Product in an environment, in a manner, or for a purpose for which the Product was not designed, (iv) modifications, alterations or repairs not authorized in writing by SimpliVity, or (v) the negligence or fault of Customer, Customer’s personnel or a third party not acting under SimpliVity’s instructions or control. Customer’s sole remedy and SimpliVity’s sole liability with respect to a breach of the foregoing limited warranty shall be for SimpliVity to, at its option, (a) use commercially reasonable efforts to remedy such breach, (b) replace the affected Product(s), or (c) refund the amount paid by Customer for the affected Product(s), upon return thereof to SimpliVity, in which event the license granted herein shall terminate. To receive warranty service, Customer must register (during the warranty period) at xxxx://xxx.XxxxxxXxxx.xxx/support. In jurisdictions that do not allow the limitations on the scope and duration of warranties set forth herein, additional warranties may apply. This limited warranty is limited to the original purchaser of the Product and is not transferable unless otherwise agreed to in writing by SimpliVity.
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 to be 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 US dollars, based on Custom House’s sell rate on the Day that the Banknotes were received by Custom House.
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.
