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

Limited Warranty; Limitations of Liability. HSI warrants that if the Platform and Content fails to substantially conform to the specifications in our online guides or online help, and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI to attempt to cure the non-conformity, then HSI shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. Except as set forth herein and in Section 14 (Indemnity), the HSI products and services are provided “As-Is”. This is HSI’s sole warranty, and Licensee’s sole remedy with respect to the Platform and Content. HSI and any Related Parties shall not in any case be liable for any type of loss or damage arising from the content or use of the Content or Platform, including but not limited to links to or from Our Content, and errors or omissions in the content, and Licensee hereby agrees to hold HSI and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content and/or Platform, whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, given the current information available when the Content and Platform was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content and/or Platform. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI does not warrant that the Content and/or Platform will be uninterrupted, timely, or error free in all instances. You are solely responsible for evaluating the fitness of the Content and/or Platform for Your particular purpose. The Content and Platform is provided as-is without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The liability of HSI arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order Form.

Limited Warranty; Limitations of Liability. HSI Vivid warrants that if the Platform LMS and Content Training fails to substantially conform to the specifications in our online guides or online help, help and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI Vivid to attempt to cure the non-conformity, then HSI Vivid shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. Except as set forth herein and in Section 14 12 (Indemnity), the HSI Vivid products and services are provided “As-Is”. This is HSIVivid’s sole warranty, and Licensee’s sole remedy with respect to the Platform LMS and ContentTraining. HSI Vivid and any party involved in creating, producing, servicing, updating, or delivering the Training and/or LMS (collectively the Vivid “Related Parties Parties”) shall not in any case be liable for any type of loss or damage arising from the content or use of the Content or PlatformTraining, including but not limited to links to or from Our Content, Training and errors or and omissions in the content, and Licensee hereby agrees to hold HSI Vivid and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content Training and/or Platform, LMS whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, accurately given the current information available when the Content and Platform course was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content Training and/or PlatformLMS. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform Training as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI Vivid does not warrant that the Content and/or Platform Training will be uninterrupted, timely, or error free in all instancesfree. You are solely responsible for evaluating the fitness of the Content and/or Platform Training for Your particular purpose. The Content and Platform content in Our Training is provided as-as is without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The liability of HSI Vivid arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order Form.

Limited Warranty; Limitations of Liability. HSI Vivid warrants that if the Platform and Content LMS fails to substantially conform to the specifications in our online guides or online help, the Documentation and that the non-conformity is promptly reported in writing by Licensee writing, and with reasonable specificity so as to allow HSI Vivid to attempt to cure the non-conformity, by Licensee within thirty (30) days from the Delivery Date, then HSI shallVivid shall either, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. Except as set forth herein and in Section 14 (Indemnity), the HSI products and services are provided “As-Is”. This is HSIconstitutes Vivid’s sole warranty, obligation and Licensee’s sole remedy with respect to the Platform and ContentLMS. HSI Vivid and any party involved in creating, producing, servicing, updating, or delivering the Training and/or LMS (collectively the Vivid “Related Parties Parties”) shall not in any case be liable for any type of loss or damage arising from the content or use of the Content or PlatformTraining, including but not limited to links to or from Our Content, Training and errors or and omissions in the content, and Licensee hereby agrees to hold HSI Vivid and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content Training and/or Platform, LMS whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, accurately given the current information available when the Content and Platform course was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content Training and/or PlatformLMS. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform Training as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI Vivid does not warrant that the Content and/or Platform Training will be uninterrupted, timely, or error free in all instancesfree. You are solely responsible for evaluating the fitness of the Content and/or Platform Training for Your particular purpose. The Content and Platform content provided in Our Training is provided as-as is without any warranties of any kind including warranties of merchantability or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The liability of HSI Vivid arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order FormOTA.

Limited Warranty; Limitations of Liability. HSI warrants that if the Platform and Content fails to substantially conform to the specifications in our online guides or online help, and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI to attempt to cure the non-conformity, then HSI shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. Except as set forth herein and in Section 14 13 (Indemnity), the HSI products and services are provided “As-Is”. This is HSI’s sole warranty, and Licensee’s sole remedy with respect to the Platform and Content. HSI and any Related Parties shall not in any case be liable for any type of loss or damage arising from the content or use of the Content or Platform, including but not limited to links to or from Our Content, and errors or omissions in the content, and Licensee hereby agrees to hold HSI and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content and/or Platform, whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, given the current information available when the Content and Platform was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content and/or Platform. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI does not warrant that the Content and/or Platform will be uninterrupted, timely, or error free in all instances. You are solely responsible for evaluating the fitness of the Content and/or Platform for Your particular purpose. The Content and Platform is provided as-is without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The liability of HSI arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order Form.

Limited Warranty; Limitations of Liability. HSI Vivid warrants that if the Platform and Content LMS, Training, or Documentation fails to substantially conform to the specifications in our online guides or online help, the Documentation and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI Vivid to attempt to cure the non-non- conformity, then HSI Vivid shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. This constitutes Vivid’s sole obligation and Licensee’s sole remedy with respect to the LMS. Except as set forth herein and in Section 14 12 (Indemnity), the HSI Vivid products and services are provided “As-Is”. This is HSIVivid’s sole warranty, and Licensee’s sole remedy with respect to the Platform and ContentLMS, Training, or Documentation. HSI Vivid and any party involved in creating, producing, servicing, updating, or delivering the Training and/or LMS (collectively the Vivid “Related Parties Parties”) shall not in any case be liable 0000 Xxxxxxx Xx • Xxxxx, XX 00000 • 509.545.1800 • xxxxxxxxxxxx.xxx for any type of loss or damage arising from the content or use of the Content or PlatformTraining, including but not limited to links to or from Our Content, Training and errors or and omissions in the content, and Licensee hereby agrees to hold HSI Vivid and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content Training and/or Platform, LMS whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, accurately given the current information available when the Content and Platform course was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content Training and/or PlatformLMS. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform Training as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI Vivid does not warrant that the Content and/or Platform Training will be uninterrupted, timely, or error free in all instancesfree. You are solely responsible for evaluating the fitness of the Content and/or Platform Training for Your particular purpose. The Content and Platform content in Our Training is provided as-as is without any warranties of any kind including warranties of merchantability or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The liability of HSI Vivid arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order Form.

Limited Warranty; Limitations of Liability. HSI Vivid warrants that if the Platform and Content LMS, Training, or Documentation fails to substantially conform to the specifications in our online guides or online help, the Documentation and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI Vivid to attempt to cure the non-non- conformity, then HSI Vivid shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. This constitutes Vivid’s sole obligation and Licensee’s sole remedy with respect to the LMS. Except as set forth herein and in Section 14 12 (Indemnity), the HSI Vivid products and services are provided “As-Is”. This is HSIVivid’s sole warranty, and Licensee’s sole remedy with respect to the Platform and ContentLMS, Training, or Documentation. HSI Vivid and any party involved in creating, producing, servicing, updating, or delivering the Training and/or LMS (collectively the Vivid “Related Parties Parties”) shall not in any case be liable for any type of loss or damage arising from the content or use of the Content or PlatformTraining, including but not limited to links to or from Our Content, Training and errors or and omissions in the content, and Licensee hereby agrees to hold HSI Vivid and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content Training and/or Platform, LMS whether or not advised of the possibility of such damages. We have made reasonable 0000 Xxxxxxx Xx • Xxxxx, XX 00000 • 509.545.1800 • xxxxxxxxxxxx.xxx efforts to present the material accurately, accurately given the current information available when the Content and Platform course was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content Training and/or PlatformLMS. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform Training as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI Vivid does not warrant that the Content and/or Platform Training will be uninterrupted, timely, or error free in all instancesfree. You are solely responsible for evaluating the fitness of the Content and/or Platform Training for Your particular purpose. The Content and Platform content in Our Training is provided as-as is without any warranties of any kind including warranties of merchantability or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The liability of HSI Vivid arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order FormOTA.

Limited Warranty; Limitations of Liability. HSI warrants that if the Platform LMS and Content Training fails to substantially conform to the specifications in our online guides or online help, and the non-conformity is promptly reported in writing by Licensee with reasonable specificity so as to allow HSI to attempt to cure the non-conformity, then HSI shall, in its sole discretion, either substantially remedy the nonconformity within thirty (30) days after written notice from Licensee, procure a substantially similar substitute product at no additional charge to Licensee, or refund the purchase price for the affected product to Licensee. In the event of a refund, the license granted under this Agreement shall immediately terminate. Except as set forth herein and in Section 14 12 (Indemnity), the HSI products and services are provided “As-Is”. This is HSI’s sole warranty, and Licensee’s sole remedy with respect to the Platform LMS and ContentTraining. HSI and any Related Parties shall not in any case be liable for any type of loss or damage arising from the content or use of the Content Training or PlatformLMS, including but not limited to links to or from Our ContentTraining, and errors or omissions in the content, and Licensee hereby agrees to hold HSI and the Related Parties harmless from and against any costs, claims, losses and other liabilities incurred by Licensee based on its use or inability to use the Content Training and/or PlatformLMS, whether or not advised of the possibility of such damages. We have made reasonable efforts to present the material accurately, given the current information available when the Content and Platform course was created, however, it is not possible or even reasonably practical for all variables posed by on-the-job application of this information to be covered in the Content Training and/or PlatformLMS. Therefore, Licensee acknowledges that it has sole responsibility for ensuring the appropriateness and completeness of the Content and/or Platform Training as applied to its operational requirements, and to provide adequate training, including but not limited to safety training, to its staff and others to whom Licensee provides training. HSI does not warrant that the Content and/or Platform Training will be uninterrupted, timely, or error free in all instances. You are solely responsible for evaluating the fitness of the Content and/or Platform Training for Your particular purpose. The Content and Platform content in Our Training is provided as-is without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The liability of HSI arising out of any kind of legal claim (including, but not limited to, claims sounding in contract, tort, strict liability, breach of warranty, or otherwise) will not in any case exceed the amount You paid for the most current annual license fee noted on Your Order Form.