Common use of Limited Warranty and Liability Clause in Contracts

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.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement (Eula), End User License Agreement (Eula)

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Limited Warranty and Liability. 7.1. a. EXCEPT AS FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE GAME IS PROVIDED ‘EXTENT PERMITTED BY LAW, WE PROVIDE ALL SERVICE(S) AND EQUIPMENT ON AN “AS ISAND ON AN ‘AS AVAILABLE’ BASIS ” BASIS, WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIBERTY, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS WARRANT THAT IT LIBERTY EQUIPMENT OR SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT b. LIBERTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES THAT CUSTOMER OR USER OF SATISFACTORY QUALITYTHE SERVICES MAY FACE (INCLUDING, AS DESCRIBEDBUT NOT LIMITED TO, AND FIT FOR PURPOSE. 7.2. WE DO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (A) YOUR RELIANCE ON OR USE OF LIBERTY EQUIPMENT OR THE SERVICE(S) OR (B) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF ANY LIBERTY EQUIPMENT, CUSTOMER EQUIPMENT, OR THE SERVICE(S) (INCLUDING, BUT NOT GUARANTEE THAT THE GAME WILL BE: 7.2.1. FREE LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, VIRUSES DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR BUGS FAILURE OF PERFORMANCE OF THE SERVICES(S), LIBERTY EQUIPMENT, OR CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSION,S, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER DEFECTS; 7.2.2. THAT THE GAME INFORMATION 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 DEVICEDATA). 7.6c. You acknowledge that in order to provide the Service(s), Liberty uses state and municipal facilities and easements and/or rights of way, as well as those of telephone and electric power companies, and that the continued use of said facilities cannot be guaranteed by Liberty. NOTHING IN THIS XXXX SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS. 7.7Therefore, in the event that the use of these facilities and easements and/or right of way is denied for any reason and Liberty determines that it is unable to provide the Services by way of the use of alternate routes, the Service(s) under this contract shall be interrupted or terminated. You should back-up agree that you shall make no claim against Liberty due to another secure location, on a regular basis, any data files concerning your use such interruption of the Game as we accept no liability for lost or corrupted dataServices.

Appears in 1 contract

Samples: Commercial Services Agreement

Limited Warranty and Liability. 7.110.1. 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. 7.210.2. WE DO NOT GUARANTEE THAT THE GAME WILL BE: 7.2.110.2.1. FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; 7.2.210.2.2. THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; 7.2.310.2.3. THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR 7.2.410.2.4. THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED. 7.310.3. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. 7.410.4. 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. 7.510.5. 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 GAME 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). 7.610.6. NOTHING IN THIS XXXX SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS. 7.710.7. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Liability. 7.110.1. 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. 7.210.2. WE DO NOT GUARANTEE THAT THE GAME WILL BE: 7.2.100.0.0. FREE XXXX OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; 7.2.210.2.2. THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; 7.2.310.2.3. THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR 7.2.410.2.4. THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED. 7.310.3. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. 7.410.4. 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. 7.510.5. 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 GAME 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). 7.610.6. NOTHING IN THIS XXXX SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS. 7.710.7. 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.

Appears in 1 contract

Samples: End User License Agreement

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Limited Warranty and Liability. 7.1. a. EXCEPT AS FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE GAME IS PROVIDED ‘EXTENT PERMITTED BY LAW, WE PROVIDE ALL SERVICE(S) AND EQUIPMENT ON AN “AS ISAND ON AN ‘AS AVAILABLE’ BASIS ” BASIS, WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIBERTY, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS WARRANT THAT IT LIBERTY EQUIPMENT OR SERVICE(S) WILL BE MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT UNCORRUPTED COMMUNICATIONS. ALL REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITYANY KIND, AS DESCRIBEDEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND FIT FOR PURPOSEEXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. 7.2. WE DO b. LIBERTY SHALL NOT GUARANTEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES THAT CUSTOMER OR USER OF THE GAME WILL BE: 7.2.1. FREE SERVICES MAY FACE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (A) YOUR RELIANCE ON OR USE OF LIBERTY EQUIPMENT OR THE SERVICE(S) OR (B) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF ANY LIBERTY EQUIPMENT, CUSTOMER EQUIPMENT, OR THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, VIRUSES DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR BUGS FAILURE OF PERFORMANCE OF THE SERVICES(S), LIBERTY EQUIPMENT, OR CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSION,S, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER DEFECTS; 7.2.2. THAT THE GAME INFORMATION 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 DEVICEDATA). 7.6c. You acknowledge that in order to provide the Service(s), Liberty uses state and municipal facilities and easements and/or rights of way, as well as those of telephone and electric power companies, and that the continued use of said facilities cannot be guaranteed by Liberty. NOTHING IN THIS XXXX SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS. 7.7Therefore, in the event that the use of these facilities and easements and/or right of way is denied for any reason and Liberty determines that it is unable to provide the Services by way of the use of alternate routes, the Service(s) under this contract shall be interrupted or terminated. 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.agree

Appears in 1 contract

Samples: Commercial Services Agreement

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