Common use of Limited Warranty; Limitation of Liability Clause in Contracts

Limited Warranty; Limitation of Liability. Wolters Kluwer warrants to you that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of ninety (90) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s option, either (i) return of the purchase price of the Software, if the product purchased, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer with proof of purchase. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-FREE. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WOLTERS KLUWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.

Limited Warranty; Limitation of Liability. Wolters Kluwer warrants to you that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of ninety (90) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty limited warranty shall be, at Wolters Kluwer’s option, either (i) return of the purchase price of the Software, if the product was purchased, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer with proof of purchase. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-VIRUS- FREE. No action for the above Limited Warranty limited warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WOLTERS KLUWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. At your request, you acknowledge that Wolters Kluwer and/or an independent authorized service provider, may remotely access those computers and/or systems on which you have installed the Software for the purpose of providing technical support and/or training to you. In connection with providing such support and/or services remotely, you acknowledge and agree that you may have to download and/or install software on your computer and/or systems to permit and facilitate the provision of such services remotely. Notwithstanding any other provision of this PDFlyer, you acknowledge and agree that in no event will Wolters Kluwer, its affiliates, independent authorized service providers, suppliers, or licensors have any liability with respect to any damages, whether direct, indirect, special, incidental, economic, cover or consequential, including, without limitation, damage to your computers and/or systems, arising out of any action or inaction taken by Wolters Kluwer or its affiliates in connection with Wolters Kluwer or its affiliates remotely accessing your computers and/or systems to provide technical support and/or training to you, or in connection with the download and/or installation of any software to facilitate the technical support and/or training services, even if advised of the possibility of such damages.

Limited Warranty; Limitation of Liability. Wolters Kluwer warrants to you that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of ninety (90) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s option, either (i) return of the purchase price of the Software, if the product was purchased, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer with proof of purchase. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-FREE. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WOLTERS KLUWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. At your request, you acknowledge that Wolters Kluwer and/or an independent authorized service provider, may remotely access those computers and/or systems on which you have installed the Software for the purpose of providing technical support and/or training to you. In connection with providing such support and/or services remotely, you acknowledge and agree that you may have to download and/or install software on your computer and/or systems to permit and facilitate the provision of such services remotely. Notwithstanding any other provision of this Software, you acknowledge and agree that in no event will Wolters Kluwer, its affiliates, independent authorized service providers, suppliers, or licensors have any liability with respect to any damages, whether direct, indirect, special, incidental, economic, cover or consequential, including, without limitation, damage to your computers and/or systems, arising out of any action or inaction taken by Wolters Kluwer or its affiliates in connection with Wolters Kluwer or its affiliates remotely accessing your computers and/or systems to provide technical support and/or training to you, or in connection with the download and/or installation of any software to facilitate the technical support and/or training services, even if advised of the possibility of such damages.

Limited Warranty; Limitation of Liability. Wolters Kluwer SEMS warrants only to you You that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of ninety (90) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s SEMS’ option, either (i) return of the purchase price of for the Software, if the product purchasedSoftware license, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer SEMS with proof a copy of purchaseyour purchase confirmation. WOLTERS KLUWER EXCEPT FOR THE LIMITED EXPRESS WARRANTY PROVIDED ABOVE, NEITHER SEMS NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SEMS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS- FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTYNEED. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS VIRUS-FREEAUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WOLTERS KLUWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.

Limited Warranty; Limitation of Liability. Wolters Kluwer warrants The maintenance provisions and the warranties set forth in the Agreement (including in the Terms And Conditions thereof) will not apply to you that the Software shall perform substantially in accordance or the Documentation. Xxxxxxx Controls's sole warranties with accompanying documentation under normal use for a period of ninety (90) days from respect to the purchase date. The entire Software and exclusive liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s option, either Documentation are that (i) return of Xxxxxxx Controls has title to the purchase price of Software and Documentation and/or the Software, if right to grant Customer the product purchased, or license set forth in this Addendum and (ii) replacement of defective Software and/or documentation provided the magnetic media on which the Software and/or documentation is recorded is free from defects in materials and workmanship under normal use. Xxxxxxx Controls's sole obligation under this warranty will be to replace any defective media returned to Wolters Kluwer with proof it free of purchasecharge. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM The period of this warranty will be 12 months from the date of this Addendum (the “Software Warranty Period”). EXCEPT AS SET FORTH IN THIS SECTION 6, Xxxxxxx Controls DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION OR THEIR OPERATION OR USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, AND MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. THERE IS NO SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION DOES NOT APPLY IN THOSE STATES. THIS WARRANTY OR GUARANTEE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT THE OPERATION OF THE SOFTWARE VARY FROM STATE TO STATE. Xxxxxxx Controls, ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-FREE. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORYBE LIABLE FOR ANY INCIDENTAL, INCLUDING SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, TORTFOR LOSS OF BUSINESS INFORMATION OR PROFITS OR OTHERWISE) SUFFERED BY CUSTOMER, CONTRACT, ANY OF ITS EMPLOYEES OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU AGENTS OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTALARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, THE MAINTENANCE OR ANY OTHER KIND OF COMMERCIAL DAMAGESUPPORT THEREOF, EVEN IF WOLTERS KLUWER HAS THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVERXxxxxxx Controls neither assumes nor authorizes any employee, AND REGARDLESS OF THE FORM OF ACTIONagent or franchisee to assume for Xxxxxxx Controls any other liability in connection with the license, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWAREuse or performance of the Software or Documentation. Customer is solely responsible for the selection of the Software to achieve Customer’s intended results, for the conformity of the computer on which the Software is run to Xxxxxxx Controls’s specifications or requirements and for the maintenance of such computer in good working order and repair. Xxxxxxx Controls’s suppliers do not warrant the Software, assume any liability regarding the use of the Software or undertake to provide any maintenance, support or information regarding the Software.

Limited Warranty; Limitation of Liability. Wolters Kluwer Typodermic warrants to you that the Font Software shall perform substantially will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Typodermic in accordance with accompanying documentation under normal use for a period text form within the Warranty Period, which could include via an email to xxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx and provide sufficient information regarding your licensing of ninety (90) days from the purchase dateFont Software to enable Typodermic to verify the existence and date of the transaction. The entire entire, exclusive and exclusive cumulative liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s option, either (i) return be that Typodermic will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the purchase price underlying typeface design which is of the Softwarea quality consistent with industry standards as soon as commercially practicable. TYPODERMIC DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR TYPODERMIC'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, if the product purchasedTYPODERMIC MAKES NO REPRESENTATIONS OR WARRANTIES, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer with proof of purchase. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF TITLETHIRD-PARTY RIGHTS, MERCHANTABILITY, AND OR FITNESS FOR A ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-FREE. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORYWILL TYPODERMIC BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATIONLIMITATION ANY LOST PROFITS, TORTLOST DATA, CONTRACTLOST BUSINESS OPPORTUNITIES, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGELOST SAVINGS, EVEN IF WOLTERS KLUWER TYPODERMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES , OR (II) FOR ANY CAUSE WHATSOEVER, AND REGARDLESS CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF TYPODERMIC HAS BEEN ADVISED OF THE FORM POSSIBILITY OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARESUCH DAMAGES.