No Warranties and Limitation of Liability. THE SOFTWARE IS PROVIDED “AS IS” AND ANY USE OF THE SOFTWARE IS AT LICENSEE’S OWN RISK. XXXXXX TELECOM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH LICENSEE MAY SELECT FOR USE, OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXX TELECOM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL XXXXXX TELECOM BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE LICENSE AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF XXXXXX TELECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXX TELECOM’S ENTIRE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS SOFTWARE LICENSE AGREEMENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE WITHIN SIX (6) MONTHS PRIOR TO THE DATE OF SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS XXXXXX TELECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND AGENTS FROM AND AGAINST ALL LOSSES, SETTLEMENTS, CLAIMS, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, AWARDS, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY “LOSSES”) WHICH ARISE OUT OF OR AS A RESULT OF ANY BREACH OF THIS SOFTWARE LICENSE AGREEMENT BY LICENSEE OR ITS EMPLOYEES OR AGENTS AND SHALL REIMBURSE XXXXXX TELECOM FOR ANY AND ALL LEGAL, ACCOUNTING AND OTHER FEES, COSTS AND EXPENSES REASONABLY INCURRED IN CONNECTION WITH INVESTIGATING, MITIGATING OR DEFENDING ANY SUCH LOSSES.
No Warranties and Limitation of Liability. 3.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECALLER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO PROVISION OR USE OF THE TRUECALLER SDK PRODUCT OR THE TRUECALLER TRADEMARKS, THEIR QUALITY, PERFORMANCE, DATA ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE TRUECALLER SDK PRODUCT AND THE TRUECALLER TRADEMARKS ARE PROVIDED "AS IS" AND THE PARTNER IS ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
3.2. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE PARTNER EXPRESSLY AGREES THAT TRUECALLER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THIS AGREEMENT.
No Warranties and Limitation of Liability. Pedestal does not warrant or guarantee any particular level of marketing performance, lead generation, or revenue goals will be attained. Except as otherwise specified in this agreement, Pedestal provides its services “as is” and without warranty of any kind and Pedestal cannot provide refunds after work is initiated or advice or strategy is shared. Except as specifically set forth elsewhere in this agreement, the parties agree that each party disclaims all other warranties or representations, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this Agreement, performance or inability to perform under this Agreement. The client acknowledges and understands that Pedestal does not control the paid or natural search algorithms or ranking formulas of Google or any other Internet search engine and for that reason Pedestal cannot make guarantees with respect to the client’s performance on Google or other search engines. The Client expressly understands and agrees that in no event shall Pedestal, its affiliates, directors, officers, employees, contractors or agents be liable to the Client or any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages not attributable to Pedestal’s violation of commercially reasonable efforts, including, without limitation, losses or damages due to service interruptions, damage to computers, data corruption or loss, damages for lost business opportunities, loss of goodwill, business reputation, damage due to software usage, bugs or malware, or data inaccuracies, lost data, lost revenue, losses incurred due to business interruption, lost profits or lost business opportunity or any other commercial damages or losses, arising out of or related to this Agreement or any of the Services performed, regardless of the theory of liability.
No Warranties and Limitation of Liability. DIR makes no representation or warranty that its security services will disclose, identify, or prevent all vulnerabilities. DIR hereby disclaims all warranties, both express and implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. In no event shall DIR be liable for damages of any kind or nature that may arise from the services provided by DIR or DIR’s Service Component Provider or Service Provider.
No Warranties and Limitation of Liability. 5.1. Any and all purchases of Xxxxxx Tokens are final and non-refundable. By purchasing the Xxxxxx Token, the User acknowledges that neither Website Owner not any other of its aliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Xxxxxx Token that is not used or remains unused for any reason.
5.2. This Website and the Xxxxxx Tokens are provided on an “as is” basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to Your use of the Website and buying of any amount of Xxxxxx Tokens and their use.
5.3. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, the Website Owner or its Aliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits. Resulting from any use of, or inability to use, this Website or the material, information, software, facilities, services or content on this website, from buying of the Xxxxxx Tokens or their use by the User, regardless of the basis, upon which the liability is claimed.
5.4. You understand and agree that the Website Owner and any of its Aliates shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the Xxxxxx Tokens or cryptocurrency. The Website Owner shall not provide to the User any refund possibility (payout liquidity) for the purchased Xxxxxx Tokens. The User understands and expressly agrees that the Website Owner shall not guaranty in any way that the Xxxxxx Tokens might be sold or transferred during or after the Xxxxxx Token Presale and/or Xxxxxx Token Sale.
5.5. You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning use of this Website and use and buying of the Xxxxxx Tokens, and that the Website Owner should not accept any liability for any illegal or unauthorized use of this Website and use and buying of the Xxxxxx Tokens. You agree to be solely responsible for any applicable taxes imposed on tokens purchased hereunder.
5.6. The Website owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Websit...
No Warranties and Limitation of Liability. Use of the Service and data provided by the Service is at Your sole risk. You accept the Service on an “AS-IS” and “AS AVAILABLE” basis. TPS makes no guarantees, representations or warranties (express or implied) concerning the data from the Tierra Service, including its accuracy or value. TPS makes no assurance of successful reception of the data. All warranties of merchantability or fitness for a particular purpose are hereby excluded. TPS shall not be responsible to You or any of your affiliates or any third party for lost revenues, lost profits, lost data, or other special, incidental, direct, indirect or consequential damages or loss or other expense directly or indirectly arising out of your use of or inability to use the Tierra Service or the data generated by the Tierra Service, even if TPS has been advised of such damages. You have not relied on and are NOT entitled to the benefits of any representations, promises, descriptions of services, or other statement not specifically set forth in this Agreement. The parties agree that this is a contract for Tierra Service, not a contract for goods and that, accordingly, the Uniform Commercial Code (or any similar statutory scheme) does not apply. TPS shall bear no liability for problems caused by modifications made by You (whether TPS is on notice of such modifications or not), problems with Your computer hardware, operating systems, or operating characteristics, or for problems in the interaction of the hardware or software with non-TPS software components. TPS’ entire liability and Your exclusive remedy for breach of this Agreement shall be refund of the Tierra Service fees paid for the 2 month period preceding the date the claim arose, regardless of any defect in the service, software, communications networks, or negligence on the part of TPS or its subcontractors or agents and regardless of the claim or form of action. You assume all risk of use of the Tierra Service, including but not limited to, traffic accidents while using the service. The Tierra Service is not guaranteed against third party access, including eavesdroppers or interceptors. TPS shall not be liable to You or any third party for lack of privacy or security. You and Your affiliates shall hold harmless and defend TPS from and against any loss, liability, damage, expense (including attorney’s fees) or claims of third parties resulting from any use or misuse of the Tierra Service by You or any third party using the Tierra Service through...
No Warranties and Limitation of Liability. 9.1 Information disclosed under this Agreement is provided "as is" and the Disclosing Party shall not be liable for the accuracy or completeness of the Information, nor for any claims, losses, or damages of any kind incurred by the Receiving Party as a result of its reliance upon or use of the Information. The sole liability of the Parties is limited to the obligations specifically addressed in this Agreement as to the exchange of Information.
No Warranties and Limitation of Liability. The use of the Products is at your own risk. We do not warrant that any product or service will meet your requirements, that the products will operate in the combinations which you may select for use or with any other programs used by you, that the operation of any product will be uninterrupted or error-free, or that all errors in products, hardware or documentation will be corrected. To the maximum extent allowed by law, we will not be liable to you in any way for any damages to you or any third party resulting from your use of the Products. If we would nevertheless be held liable by a competent court, then our liability will be capped at the license fee paid during the 12 months prior to the relevant incident, and, in the absence of a paid license fee, 50 USD. We do not guarantee that our Products will meet your requirements, or that any errors in the Products will be corrected.
No Warranties and Limitation of Liability. Merchant acknowledges and agrees that the Platform is provided “as-is”, without warranty of any kind, either express, implied or statutory, including but not limited to warranty of merchantability or fitness for a particular purpose. Notwithstanding the generality of the foregoing, Favrit does not assume any responsibility or liability for any acts or omissions by third parties. Favrit will under no circumstances be liable for indirect or consequential costs, losses or damages, whether arising in contract, tort or otherwise (including negligence), including but not limited to loss of revenue or profits, as well as unauthorized access or unintended propagation of data, arising from the use of the Platform. Subject to the foregoing, the maximum, cumulative liability of Favrit for any liability arising from the use of the Platform is NOK 5,000, and Favrit shall in no event be liable for claims made later than 21 days from the incident. For the avoidance of doubt, Favrit has no liability whatsoever with respect to orders and deliveries of Items to Shoppers.
No Warranties and Limitation of Liability. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card. Further, we will not be liable: (1) If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction; (2) If a merchant refuses to accept your Card;
