Common use of Limited Warranty; Disclaimer of Warranty Clause in Contracts

Limited Warranty; Disclaimer of Warranty. a. NEITHER PARTY, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25 (b), WARRANTS THAT THE DATA IN WREGIS IS ACCURATE, CORRECT, COMPLETE, OR CURRENT. b. SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE ARE PROVIDED “AS IS” TO THE ACCOUNT HOLDER. WECC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR TO THE ADEQUACY OR PERFORMANCE OF SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE; AND, EXCEPT AS SPECIFICALLY WARRANTED IN SECTION 6(b)(iv), WECC HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WECC DOES NOT WARRANT THAT THE SOFTWARE PROGRAMS IN WREGIS WILL BE ERROR FREE OR BUG FREE. However, WECC will use commercially reasonable efforts to maintain the accuracy, correctness, completeness, and currentness of the WREGIS software, in accordance with updates and other information provided by the WREGIS software vendor. c. WECC is not responsible for the acts or omissions of parties other than WECC who input Data into WREGIS or from whom Data is obtained for inclusion into WREGIS. d. Account Holder is solely responsible for the protection, security, and management of usage and security of its computer network. WECC will not compensate Account Holder for damages incurred to the extent due to security violations of the security of Account Holder’s computer network, nor shall Account Holder make deductions or set offs of any kind for Fees due to WECC resulting from security violations of Account Xxxxxx’s computer network. e. WECC will have no liability for any claims for intellectual property infringement, except for claims due to its own actions, but will flow down any rights it may have to indemnity that it receives by virtue of its contract with APX, Inc .

Limited Warranty; Disclaimer of Warranty. a. NEITHER PARTY, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25 (b), WARRANTS THAT THE DATA IN WREGIS IS ACCURATE, CORRECT, COMPLETE, OR CURRENT. b. SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE ARE PROVIDED “AS IS” TO THE ACCOUNT HOLDER. WECC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR TO THE ADEQUACY OR PERFORMANCE OF SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE; AND, EXCEPT AS SPECIFICALLY WARRANTED IN SECTION 6(b)(iv), WECC HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WECC DOES NOT WARRANT THAT THE SOFTWARE PROGRAMS IN WREGIS WILL BE ERROR FREE OR BUG FREE. However, WECC will use commercially reasonable efforts to maintain the accuracy, correctness, completeness, and currentness of the WREGIS software, in accordance with updates and other information provided by the WREGIS software vendor. c. WECC is not responsible for the acts or omissions of parties other than WECC who input Data into WREGIS or from whom Data is obtained for inclusion into WREGIS. d. Account Holder is solely responsible for the protection, security, and management of usage and security of its computer network. WECC will not compensate Account Holder for damages incurred to the extent due to security violations of the security of Account Holder’s computer network, nor shall Account Holder make deductions or set offs of any kind for Fees due to WECC resulting from security violations of Account Xxxxxx’s computer network. e. WECC will have no liability for any claims for intellectual property infringement, except for claims due to its own actions, but will flow down any rights it may have to indemnity that it receives by virtue of its contract with the Energy Commission and the rights that may flow from APX, Inc Inc. to the Energy Commission and WECC.

Limited Warranty; Disclaimer of Warranty. ‌ a. NEITHER PARTY, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25 (b), WARRANTS THAT THE DATA IN WREGIS IS ACCURATE, CORRECT, COMPLETE, OR CURRENT. b. SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE ARE PROVIDED “AS IS” TO THE ACCOUNT HOLDERCUSTOMER. WECC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR TO THE ADEQUACY OR PERFORMANCE OF SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITEWREGIS; AND, EXCEPT AS SPECIFICALLY WARRANTED IN SECTION 6(b)(iv), WECC HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON- NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WECC DOES NOT WARRANT THAT THE SOFTWARE PROGRAMS IN WREGIS WILL BE ERROR FREE OR BUG FREE. However, WECC will use commercially reasonable efforts to maintain ensure the accuracyWREGIS software is accurate, correctnesscorrect, completenesscomplete, and currentness of the WREGIS softwarecurrent, in accordance with updates and other information provided by the WREGIS software vendor.vendor.‌ c. WECC is not responsible for the acts or omissions of parties other than WECC who input Data into WREGIS or from whom Data is obtained for inclusion into WREGIS. d. Account Holder Customer is solely responsible for the protection, security, and management of usage and security of its computer network. WECC will not compensate Account Holder Customer for damages incurred to the extent due to security violations of the security of Account HolderCustomer’s computer network, nor shall Account Holder Customer make deductions or set offs of any kind for Fees due to WECC resulting from security violations of Account XxxxxxCustomer’s computer network. e. WECC will have no liability for any claims for intellectual property infringement, except for claims due to its own actions, but will flow down any rights it may have to indemnity that it receives by virtue of its contract with APX, Inc M-RETS.

Limited Warranty; Disclaimer of Warranty. a. NEITHER PARTY10.1 Licensor warrants that, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25 for a period of one year following shipment of the Software, (b)1) any media (excluding the product) on which the Software is provided will be free of material damage and defects in materials and workmanship under normal use; and (2) the Software will substantially function as described in the Documentation, WARRANTS THAT THE DATA IN WREGIS IS ACCURATEand when properly installed on a computer meeting the specifications set forth in, CORRECTand operated in accordance with, COMPLETEthe Documentation, OR CURRENTwill substantially perform in accordance therewith. b. 10.2 The warranty under this Section will not apply and will become null and void if You (1) materially breach this Agreement; (2) modify or damage the media on which it is provided; or (3) install or use the Software in a manner other than what is specified in the Documentation. 10.3 If during the warranty period specified in Section 9.1, any Software covered by the warranty in this Section fails to perform substantially in accordance with the Documentation, and such failure is not excluded from warranty pursuant to the Section 9.2, Kratos will, subject to You promptly notifying Xxxxxx in writing of such failure, at its sole option, repair or replace the Software, provided that You provide Kratos with all information Kratos requests to resolve the reported failure, including sufficient information to enable Kratos to recreate such failure. The warranty will continue to run from the initial date of shipment and not from Your receipt of the repair or replacement. THE REMEDIES SET FORTH IN THIS SECTION 9.3 ARE YOUR SOLE REMEDIES AND XXXXXX’ SOLE LIABILITY UNDER THIS AGREEMENT. 10.4 EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION, THE SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE ACCOUNT HOLDER. WECC MAKES NO REPRESENTATIONS OR MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KRATOS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, WITH RESPECT TO THIS AGREEMENT OR TO THE ADEQUACY OR PERFORMANCE OF SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE; AND, EXCEPT AS SPECIFICALLY WARRANTED IN SECTION 6(b)(iv), WECC HEREBY DISCLAIMS ANY SUCH WARRANTIESDOCUMENTATION, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM ANY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WECC DOES NOT WARRANT WITHOUT LIMITATION TO THE FOREGOING, KRATOS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE PROGRAMS IN WREGIS WILL MEET THE YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE ERROR FREE CORRECTED. 11 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: 11.1 IN NO EVENT WILL KRATOS OR BUG FREEITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. However, WECC will use commercially reasonable efforts to maintain the accuracy, correctness, completeness, and currentness of the WREGIS software, in accordance with updates and other information provided by the WREGIS software vendorTHE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE LICENSEE’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. c. WECC is not responsible for the acts or omissions of parties other than WECC who input Data into WREGIS or from whom Data is obtained for inclusion into WREGIS. d. Account Holder is solely responsible for the protection, security, and management of usage and security of its computer network. WECC will not compensate Account Holder for damages incurred to the extent due to security violations of the security of Account Holder’s computer network, nor shall Account Holder make deductions or set offs of any kind for Fees due to WECC resulting from security violations of Account Xxxxxx’s computer network. e. WECC will have no liability for any claims for intellectual property infringement, except for claims due to its own actions, but will flow down any rights it may have to indemnity that it receives by virtue of its contract with APX, Inc .