Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. Seller represents and warrants that (a) it has the right to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the Agreement. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITH, AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYER.

Limited Warranty; Disclaimer. Seller represents and Netsol warrants that the Software media shall function properly for a period of sixty (a60) it has days following the right date of delivery of the Software to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the AgreementCFS. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH OTHERWISE THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ALL ACCOMPANYING MATERIALS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITHPROVIDED "AS IS", AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSSNETSOL MAKES NO WARRANTY, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, ANY AND ALL WARRANTIES OF ANY KINDWHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, CUSTOM AND USAGE IN THE TRADE. SOME STATES DO NETSOL'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE SHALL NOT ALLOW LIMITATIONS BE LIMITED. NETSOL SHALL HAVE NO LIABILITY RELATING TO THE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, IN EQUITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY, FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND AMOUNTS FOR LOSS OF USE, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, AND COSTS OF COVER, EVEN IF NETSOL HAS BEEN ADVISED OF SAME. NO REPRESENTATION REGARDING PERFORMANCE OF THE SOFTWARE MADE ORALLY OR BY CONDUCT SHALL CONSTITUTE A WARRANTY BY OR OTHERWISE BE EFFECTIVE AGAINST OR BINDING UPON NETSOL. <PAGE> 8. LIMITED LIABILITY. NETSOL SHALL NOT BE LIABLE FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (EVEN IF NETSOL HAS BEEN ADVISED OF SAME) AND AMOUNTS FOR LOSS OF USE, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR COSTS OF COVER, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM, THE USE OF OR PERFORMANCE OF THE SOFTWARE AND MATERIALS. THE ENTIRE LIABILITY OF NETSOL FOR ANY LOSS OR DAMAGES ON HOW LONG AN IMPLIED WARRANTY LASTSA CLAIM OF ANY KIND RELATING TO THE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, SO IN EQUITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY SHALL NOT IN ANY EVENT EXCEED THE ABOVE LIMITATION MAY NOT APPLY SUM OF ALL PAYMENTS ACTUALLY MADE BY CFS TO BUYER.NETSOL PURSUANT TO THIS AGREEMENT. ANY ACTION AGAINST NETSOL RELATING TO THE PERFORMANCE OF THE SOFTWARE MUST BE BROUGHT WITHIN ONE (1)

Limited Warranty; Disclaimer. Seller represents and warrants to Buyer that (a) it has the right title to enter into the agreement Products will pass free and sell and deliver the products to buyer hereunder, clear of all liens and (b) the productsProducts, upon delivery and excluding as delivered to Buyer, do not infringe any act or omission U.S. patent rights of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the Agreementthird parties. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH EXCEPT TO THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ARE USED ONLY FOR THE PURPOSES AND EXTENT PROVIDED IN THE MANNER FOR WHICH THEY WERE DESIGNED IMMEDIATELY PRECEDING SENTENCE, SELLER AND SUPPLIED, (II) ALL PERSONS LIKELY BUYER AGREE THAT SELLER OFFERS NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITH, AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO SELLER WILL NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY REMEDIES, OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIES, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, OR FOR LOST PROFITS OR REVENUES DIRECTLY OR INDIRECTLY INCURRED, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A PRODUCT AND THIS CONTRACT WILL BE LIMITED TO THE MONIES PAID TO SELLER BY BUYER FOR THAT PRODUCT.

Limited Warranty; Disclaimer. Seller represents and Netsol warrants that the Software media shall function properly for a period of sixty (a60) it has days following the right date of delivery of the Software to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the AgreementCFS. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH OTHERWISE THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ALL ACCOMPANYING MATERIALS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITHPROVIDED "AS IS", AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSSNETSOL MAKES NO WARRANTY, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, ANY AND ALL WARRANTIES OF ANY KINDWHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, CUSTOM AND USAGE IN THE TRADE. SOME STATES DO NETSOL'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE SHALL NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED BE LIMITED. NETSOL SHALL HAVE NO LIABILITY RELATING TO THE PERFORMANCE OF THE SOFTWARE UNDER ANY THEORY AT LAW, IN EQUITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY, FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND AMOUNTS FOR LOSS OF USE, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, AND COSTS OF COVER, EVEN IF NETSOL HAS BEEN ADVISED OF SAME. NO REPRESENTATION REGARDING PERFORMANCE OF THE SOFTWARE MADE ORALLY OR BY CONDUCT SHALL CONSTITUTE A WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYERBY OR OTHERWISE BE EFFECTIVE AGAINST OR BINDING UPON NETSOL.

Limited Warranty; Disclaimer. Seller represents and warrants that FOR A PERIOD OF THIRTY (a30) it has the right to enter into the agreement and sell and deliver the products to buyer hereunderDAYS FOLLOWING DELIVERY (OR IF APPLICABLE, and FOLLOWING THE FIRST DATE UPON WHICH FB1 MAKES ACCESS TO THE SPECIFIC SYSTEM OR SERVICES AVAILABLE TO END USER), FB1 WARRANTS THAT THE MARKETING RESOURCE CENTER SYSTEM AND THE SERVICES SHALL CONFORM, IN ALL MATERIAL RESPECTS, TO THEIR APPLICABLE SPECIFICATIONS (b) the productsAS MAY BE STATED IN THE DOCUMENTATION OR A STATEMENT OF WORK, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the AgreementAS APPLICABLE). GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS EXCEPT FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) LIMITED WARRANTY SET FORTH ABOVE, THE PRODUCTS FB1 MARCOM SYSTEM AND THE SERVICES ARE USED ONLY FOR THE PURPOSES PROVIDED ON AN “AS IS” AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS KIND. END USER EXPRESSLY ACKNOWLEDGES THAT FB1 ABILITY TO PROVIDE THE FB1 MARCOM SYSTEM AND THE SERVICES IS DEPENDENT ON THE AVAILABILITY OF THEIR EFFECTIVENESS THE TELECOMMUNICATIONS AND INTERNET SERVICE PROVIDERS UTILIZED BY END USER AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITHFB1 HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH SERVICE PROVIDERS. FB1 DOES NOT WARRANT THE SECURITY, PRIVACY, OR ACCURACY OF ANY MEDIA PROVIDED VIA THE FB1 MARCOM SYSTEM, AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM END USER AGREES THAT THE USE OF PRODUCTSANY SUCH MEDIA OR OTHER MEDIA BY END USER IS AT END USER’S SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, FB1 DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADETITLE, AND NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FB1 MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY GOODS OR SERVICES PROVIDED, OR ANY OBLIGATIONS ENTERED INTO, BY END USER AND/OR ANY THIRD PARTY THROUGH USE OF THE MARCOM SYSTEM, THE FB1 WEB SITE OR END USER’S WEB SITE, AND FB1 SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FB1 INFORMATION PROVIDED TO END USER WILL BE ERROR FREE OR WILL BE SUITABLE FOR END USER'S NEEDS, OR WILL MEET END USER'S REQUIREMENTS, OR THAT A THIRD PARTY WILL PAY OR BE CAPABLE OF PAYING FOR THE GOODS OR SERVICES DELIVERED BY END USER THROUGH AN ORDER PLACED ON HOW LONG JTDI’S WEB SITE OR END USER’S WEB SITE, OR THAT A SUPPLIER OF END USER WILL DELIVER OR BE CAPABLE OF DELIVERING GOODS AND SERVICES ON A TIMELY BASIS THROUGH AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYERORDER PLACED ON FB1’S WEB SITE OR END USER’S WEB SITE.

Limited Warranty; Disclaimer. Seller represents Wiliot provides Dot Ai and warrants that (a) it has each Customer with the right to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as warranty set forth in the Agreementthen-current Limited Warranty (currently available at: xxxxx://xxx.xxxxxx.xxx/limited-warranty) (the “Limited Warranty”). GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH Other than the Limited Warranty: THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR WILIOT MATERIALS AND ALL OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS GOODS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED SERVICES PROVIDED BY OR RELY UPON THE PRODUCTS ON BEHALF OF WILIOT ARE GIVEN FULL PROVIDED ON AN “AS IS” AND CLEAR WARNING “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY HAZARDS ASSOCIATED WITH THEM KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITHSTATUTORY, AND (IV) INCLUDING WITHOUT LIMITATION ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, USAGE OF TRADESATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON- INFRINGEMENT, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY WILIOT AND ITS SUPPLIERS AND LICENSORS. SOME STATES DO NOR DOES WILIOT GUARANTEE ANY MINIMUM NUMBER OF QUALIFIED CUSTOMERS, REQUESTS, OR TRANSACTIONS. WILIOT DOES NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTSMAKE ANY REPRESENTATION, SO WARRANTY, GUARANTEE OR CONDITION, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHATSOEVER (INCLUDING WITHOUT LIMITATION DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE) REGARDING: (A) THE ABOVE LIMITATION MAY NOT APPLY TO BUYEREFFECTIVENESS, USEFULNESS, RELIABILITY, COMPLETENESS, ACCURACY, OR QUALITY OF ANY WILIOT MATERIALS OR OTHER CONTENT, OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF CONTENT VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; (C) CONTENT RECEIVED FROM OR SHARED WITH ANY THIRD PARTY SOFTWARE APPLICATIONS OR APIs, OR TRANSMISSION OF CONTENT VIA OTHER COMMUNICATION METHODS; AND/OR (D) THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.