Common use of Limited Warranty and Warranty Disclaimer Clause in Contracts

Limited Warranty and Warranty Disclaimer. (a) EXCEPT AS SET FORTH IN THE AGREEMENT THE PROVIDER IP IS PROVIDED "AS IS" AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN THE CLIENT AND THE THIRD-PARTY OWNER OF DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.

Limited Warranty and Warranty Disclaimer. (a) EXCEPT AS SET FORTH IN THE AGREEMENT THE PROVIDER IP NUMURUS TECHNOLOGY IS PROVIDED "“AS IS" ” AND PROVIDER “AS AVAILABLE” AND NUMURUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER NUMURUS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER NUMURUS MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IPNUMURUS TECHNOLOGY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'S CUSTOMER’S OR ANY OTHER PERSON'S ’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICESNUMURUS SOFTWARE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ADDITIONALLY, THE NUMURUS SOFTWARE WAS NOT DEVELOPED OR INTENDED FOR USE IN ANY REPRESENTATION APPLICATION IN WHICH A SERVICE INTERRUPTION, DEFECT, ERROR, OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN THE CLIENT AND THE THIRD-PARTY OWNER OF DISTRIBUTOR OTHER FAILURE OF THE THIRDNUMURUS SOFTWARE COULD RESULT IN THE DEATH OR SERIOUS BODILY INJURY OF ANY PERSON OR IN PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH-PARTY MATERIALSRISK USE”). ACCORDINGLY, IF CUSTOMER ELECTS TO USE THE NUMURUS SOFTWARE FOR A HIGH-RISK USE, IT DOES SO AT ITS OWN RISK.

Limited Warranty and Warranty Disclaimer. (a) It is the sole responsibility of Customer to determine the suitability of any and all Products and Services for Customer’s intended uses. THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY EQUINOX MEDIA, AND EQUINOX MEDIA GIVES OR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NO REPRESENTATIVE OF EQUINOX MEDIA IS AUTHORIZED TO MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THE LIMITED WARRANTY OR THIS SECTION IN ANY WAY EXCEPT AS SET FORTH IN A WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EQUINOX MEDIA THAT MAKES SPECIFIC REFERENCE TO THIS AGREEMENT. WITHOUT LIMITING THE AGREEMENT THE PROVIDER IP IS PROVIDED "AS IS" AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIESFOREGOING, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY EQUINOX MEDIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IPPRODUCTS OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE PART THEREOF, WILL MEET CLIENT'S BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. EQUINOX MEDIA DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES, OR ANY OTHER PERSON'S REQUIREMENTSPART THEREOF, OPERATE WITHOUT INTERRUPTIONWILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTSECURE, BE COMPATIBLE OR WORK WITH ANY SOFTWAREFREE OF ERRORS, SYSTEMVIRUSES, OR OTHER SERVICESHARMFUL COMPONENTS, OR AND EQUINOX MEDIA DOES NOT WARRANTY THAT ANY OF THOSE ISSUES WILL BE SECURECORRECTED. The foregoing disclaimers are in furtherance of, ACCURATEand shall not be deemed to limit, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN THE CLIENT AND THE THIRD-PARTY OWNER OF DISTRIBUTOR OF THE THIRD-PARTY MATERIALSany other disclaimers set forth in the Terms and Conditions.