Limited Warranty Limitation of Remedies and Liability. 1. DELL MAKES NO WARRANTIES OR CONDITIONS WITH RESPECT TO THE SERVICES HEREIN, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS EXCEPT FOR THE WARRANTIES EXPRESSLY STATED FOR SPARE PARTS.
2. DELL'S ENTIRE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS SERVICE AGREEMENT IS THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN. IF DELL IS UNABLE TO PERFORM SUCH SERVICES, SELF MAINTAINER'S ENTIRE REMEDY AND DELL'S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE MONIES PAID BY SELF MAINTAINER TO DELL UNDER THIS AGREEMENT FOR THE PRIOR YEAR.
3. It is Self Maintainers' responsibility to backup the data on the system and to provide adequate security for the system. SELF MAINTAINER UNDERSTANDS AND AGREES THAT DELL IS NOT RESPONSIBLE FOR LOSS, DESTRUCTION OF OR DAMAGE TO SOFTWARE, DATA OR LOSS OF USE OF ANY OF YOUR COMPUTER OR NETWORK SYSTEMS EVEN IF IT OCCURS AS A CONSEQUENCE OF ADVICE OR SUGGESTIONS PROVIDED BY DELL PERSONNEL.
4. EXCEPT FOR THE OBLIGATIONS OF THE SELF MAINTAINER ARISING OUT OF SECTION II.11, NEITHER PARTY HAS ANY LIABILITY TO THE OTHER FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY.
Limited Warranty Limitation of Remedies and Liability. The warranty stated in this Agreement is exclusive, and in lieu of all other warranties, terms and conditions, express or implied. IQVIA warrants that it will supply the Information Services with all reasonable skill and care and that the Information Services will correspond with any applicable IQVIA product/services descriptions. The supply of the information services shall be made with the standard specifications of IQVIA or the agreed specifications. Conditions of the Information Services, that the Client can expect, according to IQVIA’s or its agents’ announcements, in particular in advertisements and in the labeling of the Information Services or due to trade practice, only from part of the contractual quality of the Information Services if they have been explicitly described as such by IQVIA in the Order Form or the confirmation of the Order Form. IQVIA reserves the right to technically modify the processes underlying the provision of the Information Services provided that this does not cause any degradation of the services to be provided under the Agreement. Guarantees are only binding on IQVIA if they have been described by IQVIA in the Order Form or in the confirmation of the Order Form and such document also contains in detail IQVIA ’s obligations resulting from such guarantee. The Information Services are provided on an ”as is” basis without any further warranties of any kind. IQVIA does not warrant that the Information Services will meet the present or future needs or objectives of the Client and the Client assumes sole responsibility for the use, selection, and suitability of the Information Services to its needs and objectives. IQVIA shall be liable for the inaccuracy, incompleteness or late delivery of any Information Services, only when such inaccuracy, incompleteness or late delivery is the direct result of an intentional or grossly negligent conduct of IQVIA’s directors or employees or of a breach of a fundamental contractual obligation (“Kardinalpflicht”) by them; Except insofar as IQVIA has acted intentionally or grossly negligent, IQVIA’s liability for any claim arising out of or in connection with this Agreement, whether in contract or tort or otherwise howsoever shall be limited as follows. In particular, IQVIA does not assume any warranty or liability in case Information Services are not or only partially available due to errors or malfunctions of the Internet transmission beyond the IQVIA’s reasonable control or in case information...
Limited Warranty Limitation of Remedies and Liability
