Common use of Limited Warranty Disclaimer of Warranties Clause in Contracts

Limited Warranty Disclaimer of Warranties. Licensor warrants that it has the legal right and title to grant the license rights under this Agreement to Licensee (“License Rights”). While the Licensor has tried to ensure that the Software Product is accurate and free from defect, it is provided “as is” without warranty of any other kind, except for a warranty breach for License Rights. Licensee and its affiliates assume the entire risk as to the results and performance of the Software Product. EXCEPT FOR LICENSE RIGHTS, TO THE EXTENT NOT RESTRICTED BY APPLICABLE LAWS, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO INSTITUTION ON ACCOUNT OF ITS USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF RESPONDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER, FROM INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SOFTWARE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limited Warranty Disclaimer of Warranties. Licensor NComputing warrants that it has the legal right Management Software (and title to grant any Updates thereto) will perform substantially in accordance with the license rights under this Agreement to Licensee applicable user documentation for a period of ninety (90) days from the date of your purchase of the Management Software (the “License RightsLimited Warranty”). While the Licensor has tried to ensure that the Software Product is accurate NComputing’s and free from defectits suppliers’ sole liability, it is provided “as is” without warranty and your exclusive remedy, for any breach of this Limited Warranty or for breach of any other kind, except for a warranty breach for License Rights. Licensee and its affiliates assume the entire risk as related to the results and performance of the Management Software Productshall be, at NComputing’s option, (i) to terminate this XXXX and return the amount paid by you for the affected Management Software; or (ii) to repair or replace the Management Software to make it perform substantially in accordance with the Limited Warranty. This Limited Warranty shall not apply (i) if you make any unauthorized modifications to the Management Software, or misuse, abuse of the Management Software; (ii) if you use the Management Software for purposes other than its intended use; or (ii) if you violate any terms and conditions of this XXXX. NComputing and its suppliers make no warranties, and provide no remedies, in connection with any defects discovered after the ninety-day Limited Warranty period. EXCEPT FOR LICENSE RIGHTSTHE LIMITED WARRANTY PROVIDED ABOVE, THE MANAGEMENT SOFTWARE, INCLUDING WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE INCORPORATED THEREIN OR PROVIDED THEREWITH, AND ANY ACCOMPANYING DOCUMENTATION, ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT NOT RESTRICTED PERMITTED BY APPLICABLE LAWSLAW, LICENSOR DISCLAIMS THE WARRANTIES EXPRESSLY STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO INSTITUTION PURPOSE OR SATISFACTORY QUALITY, WHICH NCOMPUTING SPECIFICALLY DISCLAIMS, FOR ITSELF AND ON ACCOUNT BEHALF OF ITS USE SUPPLIERS, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR MISUSE USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NCOMPUTING OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF AND RELIANCE ON LOCKDOWN BROWSER. SUCH LIMITATION IMPLIED WARRANTIES, SO THE DISCLAIMER OF LIABILITY SHALL IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO PREVENT RECOVERY YOU, IN WHICH CASE THE DURATION OF DIRECTANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE YOU PURCHASED THE MANAGEMENT SOFTWARE; PROVIDED, INDIRECTHOWEVER, INCIDENTALTHAT IN SUCH CASE NCOMPUTING’S OR ITS SUPPLIERS’ SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH OF SUCH IMPLIED WARRANTIES SHALL IN ANY CASE BE, CONSEQUENTIALAT NCOMPUTING’S OPTION, SPECIAL(i) TO REPAIR OR REPLACE THE MANAGEMENT SOFTWARE TO CONFORM IT TO SUCH APPLICABLE WARRANTY, EXEMPLARYOR (ii) TO TERMINATE THIS XXXX AND RETURN THE AMOUNT PAID BY YOU FOR THE AFFECTED MANAGEMENT SOFTWARE. NCOMPUTING DOES NOT WARRANT THAT THE OPERATION OF THE MANAGEMENT SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE MANAGEMENT SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT PERFORMANCE OF THE MANAGEMENT SOFTWARE MAY VARY DEPENDING ON THE LICENSED SERVER, CLIENT DEVICE, THE SOFTWARE PROGRAMS RUNNING ON THE FOREGOING (INCLUDING THE MANAGEMENT SOFTWARE), AND PUNITIVE DAMAGES (EVEN IF RESPONDUS HAS BEEN ADVISED THE BANDWIDTH AND CONFIGURATION OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER, FROM INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SOFTWARE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYNETWORK CONNECTING THEM.

Limited Warranty Disclaimer of Warranties. Licensor warrants that it has Wiliot provides you with the legal right and title to grant warranty set forth in the license rights under this Agreement to Licensee Limited Warranty (“License Rights”currently available at: xxxxx://xxx.xxxxxx.xxx/limited-warranty) (the "Limited Warranty"). While Other than the Licensor has tried to ensure that the Software Product is accurate and free from defectLimited Warranty: THE WILIOT IoT PIXELS, it is provided “as is” without warranty of any other kindHARDWARE, except for a warranty breach for License Rights. Licensee and its affiliates assume the entire risk as to the results and performance of the Software Product. EXCEPT FOR LICENSE RIGHTSWILIOT PLATFORM, TO SERVICES, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF WILIOT HEREUNDER (COLLECTIVELY, THE EXTENT NOT RESTRICTED BY APPLICABLE LAWS"WILIOT MATERIALS") ARE PROVIDED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, LICENSOR DISCLAIMS WITH ALL OTHER WARRANTIESDEFECTS, EXPRESSED AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, NON- INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY XXXXXX AND ITS LICENSORS. Limitation of LiabilityWILIOT DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF WILIOT MATERIALS; (B) THAT CUSTOMER'S USE OF WILIOT MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. UNDER NO CIRCUMSTANCES SHALL LICENSOR WILIOT WILL NOT BE LIABLE TO INSTITUTION ON ACCOUNT OR OBLIGATED IN RESPECT OF ITS DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF RESPONDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE INTERNET AND ELECTRONIC COMMUNICATIONS OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER, FROM INABILITY FOR ISSUES RELATED TO USE, INTERRUPTION, SUSPENSION, HOSTING PROVIDERS OR TERMINATION OF THE SERVICES OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SOFTWARE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYPUBLIC NETWORKS.