Common use of No Warranty; Limitation of Liability Clause in Contracts

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM.

Appears in 4 contracts

Samples: User Agreement for Laboratory Services, User Agreement, User Agreement for Laboratory Services

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No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR NON-INFRINGEMENTMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE USEFULNESSSECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE Customer's USE OF THE SERVICESSERVICES AND/OR EQUIPMENT, EVEN IF FACILITY HAS BEEN ADVISED OF EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE POSSIBILITY OF SUCH DAMAGEGREATEST EXTENT ALLOWED BY LAW. THE FACILITY’S IN NO EVENT SHALL LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

Appears in 4 contracts

Samples: Residential Services Agreement, Residential Services Agreement, Residential Services Agreement

No Warranty; Limitation of Liability. I acknowledge thatSERENA WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE SOFTWARE UNDER THE TERMS SET FORTH HEREIN. NOTWITHSTANDING SAME, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES LICENSEE AND REPORTS ARE SERENA AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” WITH AND THAT SERENA MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE SOFTWARE. SERENA DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS PURPOSE RELATED TO THE USEFULNESSSOFTWARE AND ITS USE. EXCEPT AS PROVIDED IN SECTION 7 BELOW, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES IN NO EVENT WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT SERENA BE LIABLE UNDER FOR ANY LEGAL THEORY (DAMAGES, WHETHER TORT, IN CONTRACT OR OTHERWISE) FOR SPECIALTORT (INCLUDING NEGLIGENCE), INCIDENTALINCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR THE BREACH HEREOF USE OR INABILITY TO USE THE PERFORMANCE SOFTWARE. LICENSEE AGREES THAT IT WILL HAVE SOLE RESPONSIBILITY FOR PROTECTING ITS DATA USED IN CONNECTION WITH THE SOFTWARE. THE USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF SOFTWARE IS AT LICENSEE’S RISK. LICENSEE’S SOLE RECOURSE IN THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES EVENT OF ANY KIND SHALL NOT EXCEED DISSATISFACTION WITH OR DAMAGE CAUSED BY THE AMOUNT ACTUALLY PAID SOFTWARE IS TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSTOP USING IT.

Appears in 3 contracts

Samples: Beta License Agreement, Beta License Agreement, Beta License Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES a. THE PROVIDER SERVICES AND REPORTS THE SOLUTION ARE PROVIDED ‘AS IS’ AND “AS ISAVAILABLEWITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, REGARDING THE SERVICES OR SOLUTION, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY PROVIDER. USE OF THE SOLUTION AND THE PROVIDER SERVICES IS AT CLIENT’S SOLE RISK. PROVIDER DOES NOT WARRANT THAT THE SOLUTION OR PROVIDER SERVICES, INCLUDING WITHOUT LIMITATION BACKUP SERVICES, WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, NOR DOES PROVIDER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE PROVIDER SERVICES OR SOLUTION. b. NEITHER PROVIDER, NOR ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, NON-INFRINGEMENTUSER CONTENT PROVIDERS, WARRANTIES AS TO THE USEFULNESSLICENSORS, QUALITYPARENT, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(SAFFILIATES (“RELEASED PARTIES”) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT SHALL BE LIABLE UNDER TO CLIENT OR ANY LEGAL THEORY (WHETHER TORTTHIRD PARTY FOR ANY DIRECT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT PUNITIVE, OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OF ANY TYPE, LOSS OF REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, OR INFORMATION, OR ANY INJURY, (HOWEVER ARISING, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF NEGLIGENCE AND STRICT PRODUCT LIABILITY). THIS LIMITATION APPLIES WHETHER OR RELATED TO THIS AGREEMENT NOT ONE OR THE BREACH HEREOF OR THE PERFORMANCE MORE OF THE SERVICESRELEASED PARTIES WAS ADVISED, EVEN IF FACILITY HAS BEEN ADVISED SHOULD HAVE KNOWN OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS, DAMAGE. THE FACILITY’S LIABILITY FOR , OR EXPENSE ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (i) ANY CLAIMS ERRORS, MISTAKES, OR DAMAGES INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND SHALL NOT EXCEED NATURE WHATSOEVER, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE AMOUNT ACTUALLY PAID SOLUTION, THE PROVIDER’S SECURE SERVERS OR APPLICATION PROGRAMMING INTERFACES, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) USE OR INABILITY TO USE THE FACILITY FOR SOLUTION, (v) FAILURE OF PROVIDER OR THE SERVICES GIVING RISE SOLUTION TO SUCH A CLAIM.PERFORM,

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES GENEART AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING CONCERNING THE PATENT RIGHTS AND THE RIGHTS GRANTED HEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR NON-INFRINGEMENTPENDING, WARRANTIES AS AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIM THE SAME. SPECIFICALLY, AND NOT TO LIMIT THE FOREGOING, GENEART AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION (i) REGARDING THE VALIDITY OR SCOPE OF ANY OF THE CLAIM(S), WHETHER ISSUED OR PENDING, OF ANY OF THE PATENT RIGHTS, AND (ii) THAT THE EXPLOITATION OF THE PATENT RIGHTS OR ANY PRODUCT WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF GENEART, ITS AFFILIATES, OR ANY THIRD PARTY. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE HEREIN TO THE USEFULNESSOTHER PARTY, QUALITYITS AFFILIATES, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OTHER PERSON OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR PUNITIVE LOSS OF USE DAMAGES) INCURRED BY THE OTHER AND ARISING FROM ANY MANUFACTURE, INCLUDING LOST PROFITSUSE, HOWEVER CAUSED, ARISING OUT OR SALE OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, LICENSED CELL LINES EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS DAMAGES OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMLOSSES.

Appears in 2 contracts

Samples: Development and Manufacturing Services Agreement (Kolltan Pharmaceuticals Inc), Development and Manufacturing Services Agreement (Kolltan Pharmaceuticals Inc)

No Warranty; Limitation of Liability. I acknowledge that, as Each of INSTITUTION and USER acknowledges that the USER, I retain USER retains full responsibility for my the project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES DELIVERABLES/RESULTS (AS DEFINED IN SECTION 5(a)) AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ORIGINALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I Each of INSTITUTION and USER fully understand acknowledges and agree agrees that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand basis and agree that CORE FACILITY has no responsibility to return any materials or information I that USER or INSTITUTION may provide. I accept full responsibility for the progress and results of my project(s). THE CORE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF THE CORE FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE CORE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE CORE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM.

Appears in 2 contracts

Samples: User Agreement, User Agreement

No Warranty; Limitation of Liability. I acknowledge thatXXXXXX WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE SOFTWARE UNDER THE TERMS SET FORTH HEREIN. NOTWITHSTANDING SAME, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES LICENSEE AND REPORTS ARE XXXXXX AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” WITH AND THAT XXXXXX MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE SOFTWARE. XXXXXX DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS PURPOSE RELATED TO THE USEFULNESSSOFTWARE AND ITS USE. EXCEPT AS PROVIDED IN SECTION 7 BELOW, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES IN NO EVENT WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT SERENA BE LIABLE UNDER FOR ANY LEGAL THEORY (DAMAGES, WHETHER TORT, IN CONTRACT OR OTHERWISE) FOR SPECIALTORT (INCLUDING NEGLIGENCE), INCIDENTALINCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR THE BREACH HEREOF USE OR INABILITY TO USE THE PERFORMANCE SOFTWARE. LICENSEE AGREES THAT IT WILL HAVE SOLE RESPONSIBILITY FOR PROTECTING ITS DATA USED IN CONNECTION WITH THE SOFTWARE. THE USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF SOFTWARE IS AT LICENSEE’S RISK. LICENSEE’S SOLE RECOURSE IN THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES EVENT OF ANY KIND SHALL NOT EXCEED DISSATISFACTION WITH OR DAMAGE CAUSED BY THE AMOUNT ACTUALLY PAID SOFTWARE IS TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSTOP USING IT.

Appears in 2 contracts

Samples: Beta License Agreement, Beta License Agreement

No Warranty; Limitation of Liability. I acknowledge thatCareerHub reserves the right to modify, as suspend, or discontinue the USERoffering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, I retain full responsibility while CareerHub utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for my project progress and developmentbreaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the CareerHub Sites or Services. ALL CORE FACILITY SERVICESCareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, DELIVERABLES but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. CareerHub will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in CareerHub offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer- provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE CAREERHUB SITES AND REPORTS SERVICES ARE PROVIDED “AS IS” WITH AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, CAREERHUB DOES NOT WARRANT THAT THE USE OF THE CAREERHUB SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL CAREERHUB BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CAREERHUB SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, OTHER REPRESENTATIONS AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION RELIABILITY, COMPLETENESS, OR BENEFITS TIMELINESS OF ANY PARTICULAR PROJECT(S) THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR RESULTSLINKS, AND ALL WARRANTIES THAT CORE FACILITY SERVICES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEUSAGE OF TRADE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL CAREERHUB SHALL NOT BE LIABLE UNDER TO YOU OR TO ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) THIRD PARTY FOR SPECIALANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR PUNITIVE DAMAGESLOST BUSINESS, INCLUDING LOST LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, HOWEVER CAUSEDLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR RELATED TO THIS AGREEMENT NEGLIGENCE, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER ACTIONS, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IF YOUR USE OF THE FACILITYCAREERHUB SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR ANY CLAIMS OR DIRECT DAMAGES OF ANY KIND SHALL NOT NOT, IN THE AGGREGATE, EXCEED THE AN AMOUNT ACTUALLY PAID EQUAL TO THE FACILITY FOR THE SERVICES GIVING RISE MONTHLY TRANSACTION FEE PAID BY YOU TO SUCH A CLAIMCAREERHUB HEREUNDER.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED BY Doylestown Cable ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR NON-INFRINGEMENTMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE USEFULNESSSECURITY OF Customer's COMMUNICATIONS VIA Doylestown Cable's FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE Customer's USE OF THE SERVICESSERVICES AND/OR EQUIPMENT, EVEN IF FACILITY HAS BEEN ADVISED OF EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE POSSIBILITY OF SUCH DAMAGEGREATEST EXTENT ALLOWED BY LAW. THE FACILITY’S IN NO EVENT SHALL LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

Appears in 2 contracts

Samples: Residential Services Agreement, Residential Services Agreement

No Warranty; Limitation of Liability. I acknowledge thatEXCEPT AS EXPRESSLY SET FORTH HEREIN, as the USEREACH PARTY DISCLAIMS ALL CONDITIONS, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICESREPRESENTATIONS AND WARRANTIES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYWHETHER EXPRESS, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN THAT THE PRODUCT MEETS THE SPECIFICATIONS, OR ANY WARRANTY OF NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, WARRANTIES AS TO THE USEFULNESSANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, QUALITYOFFICERS, ACCURACYEMPLOYEES, CONDITION REPRESENTATIVES, AGENTS, LICENSORS OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT PARTNERS BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTSPECIAL, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, INDIRECT † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION CONSEQUENTIAL OR PUNITIVE DAMAGESDAMAGES OR LIABILITIES (INCLUDING, INCLUDING LOST WITHOUT LIMITATION, SUCH DAMAGES OR LIABILITIES FOR LOSS OF PROFITS, HOWEVER CAUSEDBUSINESS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT (INCLUDING PERFORMANCE OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESFAILURE TO PERFORM HEREUNDER), EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS LEGAL OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMEQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE).

Appears in 2 contracts

Samples: Commercial Supply Agreement (Omeros Corp), Commercial Supply Agreement (Omeros Corp)

No Warranty; Limitation of Liability. I acknowledge that(a) EXCEPT AS SET FORTH IN SECTION 2, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SELLER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYINCLUDING, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) SELLER SHALL NOT BE LIABLE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR NON-INFRINGEMENTOTHERWISE, WARRANTIES AS TO THE USEFULNESSFOR ANY SPECIAL, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT EXEMPLARY OR PUNITIVE DAMAGESDAMAGES WHATSOEVER THAT IN ANY WAY ARISE OUT OF, RELATE TO, OR ARE A CONSEQUENCE OF, ITS PERFORMANCE OR NONPERFORMANCE HEREUNDER, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE HEREUNDER, INCLUDING LOST LOSS OF PROFITS, HOWEVER CAUSEDLOST DATA, ARISING OUT BUSINESS INTERRUPTIONS AND CLAIMS OF CLIENTS OR RELATED TO CUSTOMERS, EXCEPT IN THE EVENT OF GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. (c) THE AGGREGATE LIABILITY OF SELLER UNDER THIS AGREEMENT OR SHALL BE LIMITED TO THE BREACH HEREOF OR TOTAL AMOUNTS PAID TO SELLER UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE PERFORMANCE FOREGOING LIMITATION OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID APPLY TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSELLER’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR ANY BREACHES OF SECTION 7 HEREOF.

Appears in 1 contract

Samples: Stock Purchase Agreement (Thoratec Corp)

No Warranty; Limitation of Liability. I acknowledge that(a) ATB FINANCIAL, as the USERITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICESOFFICERS, DELIVERABLES EMPLOYEES AND REPORTS ARE PROVIDED “AGENTS (COLLECTIVELY, THE ATB FINANCIAL PARTIES AND INDIVIDUALLY, AN ATB FINANCIAL PARTY) MAKE NO REPRESENTATIONS, WARRANTIES, OR OTHER CONDITIONS TO CLIENT AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYTO THE SERVICES OR THEIR ACCESS OR USE, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR ANY WARRANTY REGARDING THE USE OR THE RESULT OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY (INCLUDING ACCURACY OF TRADING DATA), SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, PRICING, CONTINUED AVAILABILITY, THE PROTECTION OF ANY CONFIDENTIAL OR SENSITIVE INFORMATION, OR OTHERWISE. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT CLIENT’S SOLE RISK. (b) NO ATB FINANCIAL PARTY SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, TO CLIENT OR TO THIRD PARTIES, FOR THE USEFULNESSCORRECTNESS, QUALITY, ACCURACY, CONDITION SECURITY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, PRICING OR BENEFITS CONTINUED AVAILABILITY OF THE SERVICES OR FOR DELAYS OR OMISSIONS OF THE SERVICES, OR FOR THE FAILURE OF ANY PARTICULAR PROJECT(SCONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN CLIENT’S ACCESS TO A SERVICE, OR FOR ANY INTERRUPTION IN OR DISRUPTION OF CLIENT’S ACCESS (INCLUDING INTERRUPTION OR DISRUPTION CAUSED BY ATB FINANCIAL WHERE ATB FINANCIAL BELIEVES THERE HAS BEEN A BREACH IN SECURITY) OR RESULTS, ANY ERRONEOUS COMMUNICATIONS BETWEEN ANY ATB FINANCIAL PARTY AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT CLIENT. (c) NO ATB FINANCIAL PARTY SHALL BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF CONSEQUENTIAL DAMAGES WHICH CLIENT MAY INCUR OR RELATED TO EXPERIENCE BECAUSE CLIENT ENTERED INTO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF RELIED ON THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED AN ATB FINANCIAL PARTY KNOWS OF THE POSSIBILITY OF SUCH DAMAGETHOSE DAMAGES. NO ATB FINANCIAL PARTY SHALL BE RESPONSIBLE FOR INFORMING CLIENT OF ANY DIFFICULTIES AN ATB FINANCIAL PARTY OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE FACILITY’S LIABILITY SERVICES FOR ITS ACCOUNTS OR OTHER ACCOUNTS OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. NO ATB FINANCIAL PARTY SHALL HAVE ANY DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY INFORMATION DISPLAYED IN THE SERVICES. CLIENT IS SOLELY RESPONSIBLE FOR ANY CLAIMS LOSSES, DAMAGES OR DAMAGES COSTS RESULTING FROM ITS RELIANCE ON ANY DATA OR INFORMATION THAT ANY ATB FINANCIAL PARTY MAY PROVIDE IN CONNECTION WITH CLIENT’S USE OF THE SERVICES. CLIENT WILL MAKE ITS OWN INDEPENDENT DECISION TO ACCESS OR USE ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID SERVICE OR TO THE FACILITY FOR EXECUTE ANY ORDER AND CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES GIVING RISE DO NOT AND WILL NOT SERVE AS THE PRIMARY BASIS FOR ANY OF ITS INVESTMENT DECISIONS CONCERNING ITS ACCOUNTS OR ITS MANAGED OR FIDUCIARY ACCOUNTS. CLIENT IS SOLELY RESPONSIBLE FOR ANY INVESTMENT OR TRADING DECISIONS IT MAKES WITH RESPECT TO SUCH A CLAIMPRODUCTS IDENTIFIED ON THE SERVICES AND NO ATB FINANCIAL PARTY IS RESPONSIBLE FOR DETERMINING WHETHER ANY ORDER CLIENT MAY ENTER INTO IS SUITABLE, APPROPRIATE OR ADVISABLE. NO ATB FINANCIAL PARTY IS OR WILL BE, BY VIRTUE OF PROVIDING THE SERVICES, AN ADVISOR OR FIDUCIARY TO CLIENT OR CLIENT’S MANAGED OR FIDUCIARY ACCOUNTS. (d) Client acknowledges and agrees that the liability of the ATB Financial Parties, if any, arising out of or in any way related to this Agreement or the performance or non-performance of the Services will for all purposes and in total be limited to direct damages in an aggregate (full contract) amount not to exceed Cdn. $500,000.00.

Appears in 1 contract

Samples: Electronic Dealing Agreement

No Warranty; Limitation of Liability. I acknowledge thatCareerHub reserves the right to modify, as suspend, or discontinue the USERoffering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, I retain full responsibility while CareerHub utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for my project progress and developmentbreaches of security or integrity or third-­‐party interception in transit, nor for any damage which may result to your computer or other property by your use of the CareerHub Sites or Services. ALL CORE FACILITY SERVICESCareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, DELIVERABLES but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. CareerHub will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in CareerHub offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-­‐ provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE CAREERHUB SITES AND REPORTS SERVICES ARE PROVIDED “AS IS” WITH AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, CAREERHUB DOES NOT WARRANT THAT THE USE OF THE CAREERHUB SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL CAREERHUB BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CAREERHUB SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, OTHER REPRESENTATIONS AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION RELIABILITY, COMPLETENESS, OR BENEFITS TIMELINESS OF ANY PARTICULAR PROJECT(S) THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR RESULTSLINKS, AND ALL WARRANTIES THAT CORE FACILITY SERVICES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEUSAGE OF TRADE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL CAREERHUB SHALL NOT BE LIABLE UNDER TO YOU OR TO ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) THIRD PARTY FOR SPECIALANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR PUNITIVE DAMAGESLOST BUSINESS, INCLUDING LOST LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, HOWEVER CAUSEDLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR RELATED TO THIS AGREEMENT NEGLIGENCE, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER ACTIONS, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IF YOUR USE OF THE FACILITYCAREERHUB SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR ANY CLAIMS OR DIRECT DAMAGES OF ANY KIND SHALL NOT NOT, IN THE AGGREGATE, EXCEED THE AN AMOUNT ACTUALLY PAID EQUAL TO THE FACILITY FOR THE SERVICES GIVING RISE MONTHLY TRANSACTION FEE PAID BY YOU TO SUCH A CLAIMCAREERHUB HEREUNDER.

Appears in 1 contract

Samples: Terms of Service

No Warranty; Limitation of Liability. I acknowledge that11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE PLATFORM AND REPORTS PROPOSED PLATFORM MATERIALS ARE PROVIDED "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY" AND THE COMPANY IS NOT RESPONSIBLE FOR POSSIBLE NEGATIVE EFFECTS OF THE USE OF THE PLATFORM AND PROPOSED PLATFORM MATERIALS, ie GENERATED BY THE USE OF THE PLATFORM, THE MATERIALS PROVIDED ON THE PLATFORM ARE PROVIDED BY THE USER AT YOUR OWN RISK. 11.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, AND THEY HEREBY DISCLAIM ALLTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF ANY KINDTHE COMPANY DOES NOT PROVIDE THE USER NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESSPLATFORMS AND PLATFORM OF PROPOSED MATERIAL, QUALITYINCLUDING WITH RESPECT TO ITS FITNESS FOR USE FOR CERTAIN PURPOSES AND IN CERTAIN WAYS, ACCURACY, CONDITION OR THE ECONOMIC BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSSUCH USE, AND WARRANTIES ALSO IN REGARDING THE "CLEANLINESS" OF RIGHTS TO THE PLATFORM AND OFFERED ON THE PLATFORM. ALSO DOES NOT WARRANT THAT CORE FACILITY SERVICES THE PLATFORM AND THE MATERIALS PROVIDED ON THE PLATFORM WILL MEET ALL REQUIREMENTS OR FACILITIES WILL BE REPRESENTATIONS ABOUT THEM. THE PLATFORM DOES NOT ASSUME ANY RISKS RELATED TO THE QUALITY OF THE PLATFORM AND THE MATERIALS PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULETHE PLATFORM AND (OR) ITS USE. I fully understand IN ADDITION WITH THE ABOVE, THE COMPANY UNDER NO CIRCUMSTANCES DOES ACCEPT ANY LIABILITY AND DOES NOT ASSUME ANY LIABILITY AS TO THE POSSIBILITY AND CONSEQUENCES OF USING THE PLATFORM AND SERVICES. 11.3 The company is not responsible for and agree does not eliminate malfunctions caused by the fault of the cellular operator or in connection with equipment failure, as well as in connection with failures in all systems, and communication lines through which information passes. 11.4 The Company is not responsible: (i) for the occurrence of failures and errors in the operation of the Platform Mapflow, for data loss and damage associated with the use of the Mapflow Platform; (ii) for non-delivery of an SMS message to the phone number specified by the User when registering on the Geoalert Platform; (iii) for possible losses caused to the User in connection with the use of the Platform, including for possible losses resulting from the performance of the User's accepted within the framework of separate contractual relations concluded on the Platform with another User. 11.5 The Company cannot guarantee that: the (i) Platform meets (will meet) the requirements of the User; (ii) The platform will work continuously (24 hours 7 days a week, 365/366 days a year), quickly, reliably and without errors; (iii) The results that can be obtained using the Platform will be accurate and reliable and can be used for any work done purpose or service provided in any capacity (for example, to establish and (or) confirm any facts); (iv) The quality of any product, service, information, etc., obtained using the Platform, Mapflow will meet the User's expectations. 11.6 Notwithstanding the foregoing in clause 11.5 of the User Agreement, in the event that the Company provides data processing services for the User's order, the Company assumes the obligation to maintain the operability of the Platform to the extent necessary for the User to use the Platform in accordance with this User Agreement, ensuring the full presence of the User on the Platform. less than 99% of the time per month (idle time no more than 8 hours per month). 11.7 Under no circumstances will the Company be held liable if the User indicates in his Personal Account a phone number, e-mail address, which the User is not the owner, as well as in case of access to the specified data of third parties, including as a result of actual actions by CORE FACILITY and its employees is the User himself. , both on a reasonable effort reimbursable and free basis. 11.8 Any information and (or) materials (including downloadable software, letters, any instructions and manuals for action, etc.), that the User accesses using the Platform, the User can use at his own risk. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility is solely responsible for the progress possible consequences of using the specified information and results (or) materials, including for damage that this may cause to the User's device or third parties, for data loss or any other harm. 11.9 The Company is not responsible for any types of my project(slosses incurred as a result of the User's use of the Mapflow Platform or its individual parts and (or) the functions of the Platform. Mapflow. The User uses the information posted on the Platform to analyze geodata at his own peril and risk without direct or indirect participation and (or) control by the Company. 11.10 The parties are free from liability for partial or complete failure to fulfill obligations if such failure was the result of force majeure circumstances that arose after the acceptance of the terms of this Agreement, including emergency circumstances (technical accidents, floods, fires, earthquakes and other natural phenomena, as well as war, military actions, blockade, prohibitive actions of the authorities and acts of state bodies that arose during the validity of this User Agreement), which the parties could not foresee or prevent by reasonable measures. 11.11 In the event of Force Majeure circumstances provided for in clause 11.10. THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY of this User Agreement, the term for the fulfillment of obligations by the Party is postponed in proportion to the time during which these circumstances and their consequences are in effect. The Party referring to them is obliged to notify the other Party about the beginning and termination of force majeure circumstances no later than 3 (WHETHER TORT, CONTRACT OR OTHERWISEthree) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMworking days from the moment of the beginning and (or) end of the said circumstances. 11.12 Inaction on the part of the Company in case of violation by the User of the provisions of this User Agreement does not deprive the Company of the right to take appropriate actions in defense of its interests later and does not mean that the Company waives its rights in the event that the User subsequently commits similar or similar violations.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge that(a) H32 MAKES NO WARRANTIES, as the USEREXPRESS OR IMPLIED, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES RELATED TO THE SERVICE AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYPERFORMANCE THEREOF, AND THEY HEREBY DISCLAIM ALLWITH RESPECT TO THE SERVICE AND ZAMOK’s PERFORMANCE UNDER THIS AGREEMENT, WARRANTIES OF ANY KINDSPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H32 DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR DOWNTIME OR BE ERROR FREE. (b) With respect to Defense Contract Audit Agency (DCAA) compliance issues, due to the evolving nature of federal regulations, H32 cannot make, and DOES NOT MAKE, any warranty, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, that the Service will be DCAA compliant and Customer is encouraged to seek advice and proper counsel from persons specializing in DCAA audit and compliance matters to insure Customer compliance with DCAA requirements. (c) Furthermore, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION H32’s NEGLIGENCE, WILL H32 BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, OR NON-INFRINGEMENTOTHER INDIRECT, WARRANTIES AS TO THE USEFULNESSSPECIAL, QUALITYCOVER, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIALEXEMPLARY, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE BREACH HEREOF USE OR INABILITY TO USE THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S SERVICE. (d) IN NO EVENT WILL H32’s TOTAL LIABILITY FOR ANY CLAIMS DAMAGES, LOSSES, CAUSES OF ACTION, AND RELATED ATTORNEY FEES, WHETHER ARISING IN CONTRACT, TORT, OR DAMAGES OF ANY KIND SHALL NOT EQUITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT ACTUALLY PAID BY CUSTOMER TO H32 IN THE TWELVE (12) MONTHS PRIOR TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMCLAIMED INJURY OR DAMAGE. (e) H32 is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. H32 is not liable for the loss of any Customer Data. (f) Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of H32 is to discontinue using the Service.

Appears in 1 contract

Samples: Customer Service Agreement

No Warranty; Limitation of Liability. I acknowledge thati) CIBC, as the USERITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, I retain full responsibility for my project progress and development. ALL CORE FACILITY OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CIBC PARTIES” AND INDIVIDUALLY, A “CIBC PARTY”) MAKE NO WARRANTY TO CUSTOMER AS TO THE SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT, WARRANTIES AS OR ANY WARRANTY REGARDING THE USE OR THE RESULT OF THE SERVICES WITH RESPECT TO THE USEFULNESSTHEIR CORRECTNESS, QUALITY, ACCURACYACCURACY (INCLUDING ACCURACY OF TRADING DATA), CONDITION OR BENEFITS SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, PRICING, CONTINUED AVAILABILITY, THE PROTECTION OF ANY PARTICULAR PROJECT(SCONFIDENTIAL OR SENSITIVE INFORMATION, OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND AT CUSTOMER’S SOLE RISK. ii) OR RESULTSNo CIBC Party shall have any liability, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done contingent or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility otherwise, to return any materials Customer or information I may provide. I accept full responsibility to third parties, for the progress correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain Customer’s access to a Service, or for any interruption in or disruption of Customer’s access or any erroneous communications between any CIBC Party and results Customer. No CIBC Party shall be liable for any special, indirect, incidental or consequential damages which Customer may incur or experience because Customer entered into this Agreement or relied on the Services, even if a CIBC Party knows of my project(s)the possibility of those damages. NO CIBC PARTY SHALL BE RESPONSIBLE FOR INFORMING CUSTOMER OF ANY DIFFICULTIES A CIBC PARTY OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE FACILITY WILL NOT BE LIABLE UNDER SERVICES FOR ITS ACCOUNTS OR OTHER ACCOUNTS OR TO TAKE ANY LEGAL THEORY (WHETHER TORTACTION IN CONNECTION WITH THOSE DIFFICULTIES. NO CIBC PARTY SHALL HAVE ANY DUTY OR OBLIGATION TO VERIFY, CONTRACT CORRECT, COMPLETE OR OTHERWISE) UPDATE ANY INFORMATION DISPLAYED IN THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SPECIALANY LOSSES, INCIDENTALDAMAGES OR COSTS RESULTING FROM ITS RELIANCE ON ANY DATA, CONSEQUENTIALFUNCTIONALITY, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE INFORMATION THAT ANY CIBC PARTY MAY PROVIDE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF . CUSTOMER WILL MAKE ITS OWN INDEPENDENT DECISION TO ACCESS OR USE ANY SERVICE OR TO EXECUTE ANY ORDER AND CUSTOMER ACKNOWLEDGES AND AGREES THAT THE POSSIBILITY OF SUCH DAMAGE. SERVICES DO NOT AND WILL NOT SERVE AS THE FACILITY’S LIABILITY PRIMARY BASIS FOR ANY CLAIMS OF ITS INVESTMENT DECISIONS CONCERNING ITS ACCOUNTS OR DAMAGES OF ITS MANAGED OR FIDUCIARY ACCOUNTS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID INVESTMENT OR TRADING DECISIONS IT MAKES WITH RESPECT TO THE FACILITY FOR PRODUCTS IDENTIFIED ON THE SERVICES GIVING RISE AND NO CIBC PARTY IS RESPONSIBLE FOR DETERMINING WHETHER ANY ORDER CUSTOMER MAY ENTER INTO IS SUITABLE, APPROPRIATE OR ADVISABLE. NO CIBC PARTY IS OR WILL BE, BY VIRTUE OF PROVIDING THE SERVICES, AN ADVISOR OR FIDUCIARY TO SUCH A CLAIMCUSTOMER OR CUSTOMER’S MANAGED OR FIDUCIARY ACCOUNTS.

Appears in 1 contract

Samples: Electronic Dealing Agreement

No Warranty; Limitation of Liability. I acknowledge that‌ (i) CIBC, as the USERITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, I retain full responsibility for my project progress and development. ALL CORE FACILITY OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CIBC PARTIES” AND INDIVIDUALLY, A “CIBC PARTY”) MAKE NO WARRANTY TO CUSTOMER AS TO THE SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-ANY WARRANTY OF NON- INFRINGEMENT, WARRANTIES AS OR ANY WARRANTY REGARDING THE USE OR THE RESULT OF THE SERVICES WITH RESPECT TO THE USEFULNESSTHEIR CORRECTNESS, QUALITY, ACCURACYACCURACY (INCLUDING ACCURACY OF TRADING DATA), CONDITION OR BENEFITS SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, PRICING, CONTINUED AVAILABILITY, THE PROTECTION OF ANY PARTICULAR PROJECT(SCONFIDENTIAL OR SENSITIVE INFORMATION, OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT CUSTOMER’S SOLE RISK.‌ (ii) OR RESULTSNo CIBC Party shall have any liability, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done contingent or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility otherwise, to return any materials Customer or information I may provide. I accept full responsibility to third parties, for the progress correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain Customer’s access to a Service, or for any interruption in or disruption of Customer’s access or any erroneous communications between any CIBC Party and results Customer. No CIBC Party shall be liable for any special, indirect, incidental or consequential damages which Customer may incur or experience because Customer entered into this Agreement or relied on the Services, even if a CIBC Party knows of my project(s)the possibility of those damages. NO CIBC PARTY SHALL BE RESPONSIBLE FOR INFORMING CUSTOMER OF ANY DIFFICULTIES A CIBC PARTY OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE FACILITY WILL NOT BE LIABLE UNDER SERVICES FOR ITS ACCOUNTS OR OTHER ACCOUNTS OR TO TAKE ANY LEGAL THEORY (WHETHER TORTACTION IN CONNECTION WITH THOSE DIFFICULTIES. NO CIBC PARTY SHALL HAVE ANY DUTY OR OBLIGATION TO VERIFY, CONTRACT CORRECT, COMPLETE OR OTHERWISE) UPDATE ANY INFORMATION DISPLAYED IN THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SPECIALANY LOSSES, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF COSTS RESULTING FROM ITS RELIANCE ON ANY DATA OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE INFORMATION THAT ANY CIBC PARTY MAY PROVIDE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF . CUSTOMER WILL MAKE ITS OWN INDEPENDENT DECISION TO ACCESS OR USE ANY SERVICE OR TO EXECUTE ANY ORDER AND CUSTOMER ACKNOWLEDGES AND AGREES THAT THE POSSIBILITY OF SUCH DAMAGE. SERVICES DO NOT AND WILL NOT SERVE AS THE FACILITY’S LIABILITY PRIMARY BASIS FOR ANY CLAIMS OF ITS INVESTMENT DECISIONS CONCERNING ITS ACCOUNTS OR DAMAGES OF ITS MANAGED OR FIDUCIARY ACCOUNTS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID INVESTMENT OR TRADING DECISIONS IT MAKES WITH RESPECT TO THE FACILITY FOR PRODUCTS IDENTIFIED ON THE SERVICES GIVING RISE AND NO CIBC PARTY IS RESPONSIBLE FOR DETERMINING WHETHER ANY ORDER CUSTOMER MAY ENTER INTO IS SUITABLE, APPROPRIATE OR ADVISABLE. NO CIBC PARTY IS OR WILL BE, BY VIRTUE OF PROVIDING THE SERVICES, AN ADVISOR OR FIDUCIARY TO SUCH A CLAIMCUSTOMER OR CUSTOMER’S MANAGED OR FIDUCIARY ACCOUNTS.

Appears in 1 contract

Samples: Electronic Dealing Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE TECHNOLOGY AND REPORTS SUPPORT TOOLS ARE PROVIDED “AS AS-IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDSUBLICENSOR MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT, WARRANTIES AS TO AND YOU USE THE USEFULNESSTECHNOLOGY AND SUPPORT TOOLS AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, QUALITYSUBLICENSOR, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSSUBLICENSOR’S AFFILIATES, AND WARRANTIES THAT CORE FACILITY SERVICES SUBLICENSOR’S LICENSORS SHALL HAVE NO INDEMNIFICATION OR FACILITIES WILL BE PROVIDED DEFENSE OBLIGATIONS ARISING FROM THE TECHNOLOGY, SUPPORT TOOLS OR COMPLETED ANY OUTPUT OR RESULTS BASED ON A PARTICULAR SCHEDULETHE USE OF THE TECHNOLOGY OR SUPPORT TOOLS. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY SUBLICENSOR, SUBLICENSOR’S AFFILIATES AND SUBLICENSOR’S LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY (WHETHER TORTFOR ANY DAMAGES OF ANY KIND, CONTRACT OR OTHERWISE) FOR SPECIALDIRECT, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, PUNITIVE OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSEDOTHERWISE, ARISING OUT OF IN CONNECTION WITH THE TECHNOLOGY OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESSUPPORT TOOLS. SUBLICENSOR, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITYSUBLICENSOR’S LIABILITY AFFILIATES’ AND SUBLICENSOR’S LICENSORS’ TOTAL, CUMULATIVE LIABILTY FOR ANY CLAIMS CLAIM OR DAMAGES CAUSE OF ANY KIND SHALL ACTION ARISING HEREUNDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID LESSER OF: (I) THE AMOUNTS RECEIVED BY QCA FOR ANY TECHNOLOGY OR SUPPORT TOOLS PROVIDED TO SUBLICENSEE HEREUNDER, OR (II) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS AND DISCLAIMERS REFLECT THE FACILITY PARTIES’ REASONABLE ALLO- CATION OF THE RISKS ASSOCIATED WITH ANY PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE INCLUDED IN THIS AGREEMENT AS A MATERIAL INDUCEMENT FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSUBLICENSORTO ENTER INTO THIS AGREEMENT.

Appears in 1 contract

Samples: Technology License Agreement

No Warranty; Limitation of Liability. I acknowledge that(i) CIBC, as the USERITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, I retain full responsibility for my project progress and development. ALL CORE FACILITY OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CIBC PARTIES” AND INDIVIDUALLY, A “CIBC PARTY”) MAKE NO WARRANTY TO CUSTOMER AS TO THE SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-ANY WARRANTY OF NON- INFRINGEMENT, WARRANTIES AS OR ANY WARRANTY REGARDING THE USE OR THE RESULT OF THE SERVICES WITH RESPECT TO THE USEFULNESSTHEIR CORRECTNESS, QUALITY, ACCURACYACCURACY (INCLUDING ACCURACY OF TRADING DATA), CONDITION OR BENEFITS SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, PRICING, CONTINUED AVAILABILITY, THE PROTECTION OF ANY PARTICULAR PROJECT(SCONFIDENTIAL OR SENSITIVE INFORMATION, OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AT CUSTOMER’S SOLE RISK. (ii) OR RESULTSNo CIBC Party shall have any liability, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done contingent or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility otherwise, to return any materials Customer or information I may provide. I accept full responsibility to third parties, for the progress correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain Customer’s access to a Service, or for any interruption in or disruption of Customer’s access or any erroneous communications between any CIBC Party and results Customer. No CIBC Party shall be liable for any special, indirect, incidental or consequential damages which Customer may incur or experience because Customer entered into this Agreement or relied on the Services, even if a CIBC Party knows of my project(s)the possibility of those damages. NO CIBC PARTY SHALL BE RESPONSIBLE FOR INFORMING CUSTOMER OF ANY DIFFICULTIES A CIBC PARTY OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE FACILITY WILL NOT BE LIABLE UNDER SERVICES FOR ITS ACCOUNTS OR OTHER ACCOUNTS OR TO TAKE ANY LEGAL THEORY (WHETHER TORTACTION IN CONNECTION WITH THOSE DIFFICULTIES. NO CIBC PARTY SHALL HAVE ANY DUTY OR OBLIGATION TO VERIFY, CONTRACT CORRECT, COMPLETE OR OTHERWISE) UPDATE ANY INFORMATION DISPLAYED IN THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SPECIALANY LOSSES, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF COSTS RESULTING FROM ITS RELIANCE ON ANY DATA OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE INFORMATION THAT ANY CIBC PARTY MAY PROVIDE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF . CUSTOMER WILL MAKE ITS OWN INDEPENDENT DECISION TO ACCESS OR USE ANY SERVICE OR TO EXECUTE ANY ORDER AND CUSTOMER ACKNOWLEDGES AND AGREES THAT THE POSSIBILITY OF SUCH DAMAGE. SERVICES DO NOT AND WILL NOT SERVE AS THE FACILITY’S LIABILITY PRIMARY BASIS FOR ANY CLAIMS OF ITS INVESTMENT DECISIONS CONCERNING ITS ACCOUNTS OR DAMAGES OF ITS MANAGED OR FIDUCIARY ACCOUNTS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID INVESTMENT OR TRADING DECISIONS IT MAKES WITH RESPECT TO THE FACILITY FOR PRODUCTS IDENTIFIED ON THE SERVICES GIVING RISE AND NO CIBC PARTY IS RESPONSIBLE FOR DETERMINING WHETHER ANY ORDER CUSTOMER MAY ENTER INTO IS SUITABLE, APPROPRIATE OR ADVISABLE. NO CIBC PARTY IS OR WILL BE, BY VIRTUE OF PROVIDING THE SERVICES, AN ADVISOR OR FIDUCIARY TO SUCH A CLAIMCUSTOMER OR CUSTOMER’S MANAGED OR FIDUCIARY ACCOUNTS.

Appears in 1 contract

Samples: Electronic Dealing Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and developmentYOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. ALL CORE FACILITY SERVICES, DELIVERABLES YOU UNDERSTAND AND REPORTS ARE AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” WITH AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL FAULTSRESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYWE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND THEY HEREBY DISCLAIM ALLOTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, WARRANTIES OF SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY KINDWARRANTY NOT EXPRESSLY MADE HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR IMPLIEDPUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYDATA, FITNESS FOR A PARTICULAR PURPOSELOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR NON-INFRINGEMENTOTHER INTANGIBLE LOSSES, WARRANTIES AS RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE USEFULNESS, QUALITY, ACCURACY, CONDITION SERVICE; (ii) ANY CONDUCT OR BENEFITS CONTENT OF ANY PARTICULAR PROJECT(STHIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, OR ANY OTHER USERS OF THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RESULTSANY OTHER LEGAL THEORY, AND WARRANTIES THAT CORE FACILITY SERVICES WHETHER OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT WE KNEW OF OR RELATED OUGHT TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN SOME JURISDICTIONS THE FACILITY’S APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR ANY CLAIMS INCIDENTAL OR DAMAGES OF ANY KIND SHALL CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT EXCEED THE AMOUNT ACTUALLY PAID APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FACILITY FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW. PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE CYBER GAMES AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES GIVING RISE TO SUCH A CLAIMSERVICE.

Appears in 1 contract

Samples: Terms of Use

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No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE THE SOFTWARE IS PROVIDED “AS AS-IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDSILEX MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT, WARRANTIES AS TO AND YOU USE THE USEFULNESSSOFTWARE AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, QUALITY, ACCURACY, CONDITION SILEX SHALL HAVE NO INDEMNIFICATION OR BENEFITS DEFENSE OBLIGATIONS ARISING FROM THE SOFTWARE OR ANY OUTPUT OR RESULTS BASED ON THE USE OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULETHE SOFTWARE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY SILEX WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY (WHETHER TORTFOR ANY DAMAGES OF ANY KIND, CONTRACT OR OTHERWISE) FOR SPECIALDIRECT, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, PUNITIVE OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSEDOTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR IN CONNECTION WITH THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESSOFTWARE. SILEX’S TOTAL, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY CUMULATIVE LIABILTY FOR ANY CLAIMS CLAIM OR DAMAGES CAUSE OF ANY KIND SHALL ACTION ARISING HERE UNDERWILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY AMOUNTS RECEIVED BY SILEX FOR THE SERVICES GIVING RISE SOFTWARE PROVIDED TO SUCH LICENSEE HEREUNDER. THESE LIMITATIONS AND DISCLAIMERS REFLECT THE PARTIES’ REASONABLE ALLOCATION OF THE RISKS ASSOCIATED WITH ANY PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE INCLUDED IN THIS AGREEMENT AS A CLAIMMATERIAL INDUCEMENT FOR SILEX TO ENTER INTO THIS AGREEMENT.

Appears in 1 contract

Samples: Software License Agreement

No Warranty; Limitation of Liability. I acknowledge that11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE PLATFORM AND REPORTS PROPOSED PLATFORM MATERIALS ARE PROVIDED "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY" AND THE COMPANY IS NOT RESPONSIBLE FOR POSSIBLE NEGATIVE EFFECTS OF THE USE OF THE PLATFORM AND PROPOSED PLATFORM MATERIALS, ie GENERATED BY THE USE OF THE PLATFORM, THE MATERIALS PROVIDED ON THE PLATFORM ARE PROVIDED BY THE USER AT YOUR OWN RISK. 11.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, AND THEY HEREBY DISCLAIM ALLTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF ANY KINDTHE COMPANY DOES NOT PROVIDE THE USER NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESSPLATFORMS AND PLATFORM OF PROPOSED MATERIAL, QUALITYINCLUDING WITH RESPECT TO ITS FITNESS FOR USE FOR CERTAIN PURPOSES AND IN CERTAIN WAYS, ACCURACY, CONDITION OR THE ECONOMIC BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSSUCH USE, AND WARRANTIES ALSO IN REGARDING THE "CLEANLINESS" OF RIGHTS TO THE PLATFORM AND OFFERED ON THE PLATFORM. ALSO DOES NOT WARRANT THAT CORE FACILITY SERVICES THE PLATFORM AND THE MATERIALS PROVIDED ON THE PLATFORM WILL MEET ALL REQUIREMENTS OR FACILITIES WILL BE REPRESENTATIONS ABOUT THEM. THE PLATFORM DOES NOT ASSUME ANY RISKS RELATED TO THE QUALITY OF THE PLATFORM AND THE MATERIALS PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULETHE PLATFORM AND (OR) ITS USE. I fully understand IN ADDITION WITH THE ABOVE, THE COMPANY UNDER NO CIRCUMSTANCES DOES ACCEPT ANY LIABILITY AND DOES NOT ASSUME ANY LIABILITY AS TO THE POSSIBILITY AND CONSEQUENCES OF USING THE PLATFORM AND SERVICES. 11.3 The company is not responsible for and agree does not eliminate malfunctions caused by the fault of the cellular operator or in connection with equipment failure, as well as in connection with failures in all systems, communication lines through which information passes. 11.4 The Company is not responsible: (i) for the occurrence of failures and errors in the operation of the Platform Mapflow, for data loss and damage associated with the use of the Mapflow Platform; (ii) for non-delivery of an SMS message to the phone number specified by the User when registering on the Geoalert Platform; (iii) for possible losses caused to the User in connection with the use of the Platform, including for possible losses resulting from the performance of the User's accepted within the framework of separate contractual relations concluded on the Platform with another User. 11.5 The Company cannot guarantee that: the (i) Platform meets (will meet) the requirements of the User; (ii) The platform will work continuously (24 hours 7 days a week, 365/366 days a year), quickly, reliably and without errors; (iii) The results that can be obtained using the Platform will be accurate and reliable and can be used for any work done purpose or service in any capacity (for example, to establish and (or) confirm any facts); (iv) The quality of any product, service, information, etc., obtained using the Platform, Mapflow will meet the User's expectations. 11.6 Notwithstanding the foregoing in clause 11.5 of the User Agreement, in the event that the Company provides data processing services for the User's order, the Company assumes the obligation to maintain the operability of the Platform to the extent necessary for the User to use the Platform in accordance with this User Agreement, ensuring the full presence of the User on the Platform. less than 99% of the time per month (idle time no more than 8 hours per month). 11.7 Under no circumstances will the Company be held liable if the User indicates in his Personal Account a phone number, e-mail address, which the User is not the owner, as well as in case of access to the specified data of third parties, including as a result of actual actions by the User himself. , both on a reimbursable and free basis. 11.8 Any information and (or) materials (including downloadable software, letters, any instructions and manuals for action, etc.), which the User accesses using the Platform, the User can use at his own risk. and is solely responsible for the possible consequences of using the specified information and (or) materials, including for damage that this may cause to the User's device or third parties, for data loss or any other harm. 11.9 The Company is not responsible for any types of losses incurred as a result of the User's use of the Mapflow Platform or its individual parts and (or) the functions of the Platform. Mapflow. The User uses the information posted on the Platform to analyze geodata at his own peril and risk without direct or indirect participation and (or) control by the Company. 11.10 Unless otherwise provided by CORE FACILITY the legislation of the Russian Federation, under any circumstances the Company's liability in accordance with Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) rubles of the Russian Federation and is imposed on it if there is proven guilt in its employees actions. 11.11 The Company is responsible for advertising posted by it on a the Mapflow Platform, within the limits established by the legislation of the Russian Federation on advertising. 11.12 The parties are free from liability for partial or complete failure to fulfill obligations if such failure was the result of force majeure circumstances that arose after the acceptance of the terms of this Agreement, including emergency circumstances (technical accidents, floods, fires, earthquakes and other natural phenomena, as well as war , military actions, blockade, prohibitive actions of the authorities and acts of state bodies that arose during the validity of this User Agreement), which the parties could not foresee or prevent by reasonable effort basismeasures. 11.13 In the event of Force Majeure circumstances provided for in clause 11.10. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility of this User Agreement, the term for the progress fulfillment of obligations by the Party is postponed in proportion to the time during which these circumstances and results their consequences are in effect. The Party referring to them is obliged to notify the other Party about the beginning and termination of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY force majeure circumstances no later than 3 (WHETHER TORTthree) working days from the moment of the beginning and (or) end of the said circumstances. 11.14 Inaction on the part of the Company in case of violation by the User of the provisions of this User Agreement does not deprive the Company of the right to take appropriate actions in defense of its interests later, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMand does not mean that the Company waives its rights in the event that the User subsequently commits similar or similar violations.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED BY CABLE ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR NON-INFRINGEMENTMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY Loss DAMAGE COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, Loss OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, Loss OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKE, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUALPROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY Loss OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART OF CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE USEFULNESSSECURITY OF CUSTOMER'S COMMUNICATIONS VIA CABLE'S FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND Loss ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL NOT LIABILITY EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY'S WILLFULL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

Appears in 1 contract

Samples: Communications Services Agreement

No Warranty; Limitation of Liability. I acknowledge thatUNLESS SPECIFICALLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MONOTYPE OR AS REQUIRED BY LAW, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE APPLICATION AND REPORTS ARE THE APPLICATION FONT SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, MONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR NON-INFRINGEMENT, WARRANTIES AS WARRANTY TO YOU THAT YOUR USE OF THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES APPLICATION WILL BE PROVIDED UNINTERRUPTED, TIMELY, SECURE OR COMPLETED ON A PARTICULAR SCHEDULEFREE FROM ERROR. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY IN NO EVENT WILL NOT MONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS BE LIABLE UNDER ANY LEGAL THEORY TO YOU OR ANYONE ELSE (WHETHER TORT, CONTRACT OR OTHERWISEI) FOR SPECIAL, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, HOWEVER CAUSEDLOST DATA, ARISING OUT OF LOST BUSINESS OPPORTUNITIES, OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESLOST SAVINGS, EVEN IF FACILITY MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY DAMAGES, OR (II) FOR ANY CLAIMS OR CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO POSSIBILITY OF SUCH A CLAIMDAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype's liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Application is non-returnable and nonrefundable.

Appears in 1 contract

Samples: End User License Agreement

No Warranty; Limitation of Liability. I acknowledge thatMDVITA® AND ALL MATERIALS, as the USERINFORMATION, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICESSOFTWARE, DELIVERABLES PRODUCTS, TOOLS, AND REPORTS SERVICES INCLUDED IN OR AVAILABLE THROUGH MDVITA® ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MDVITA® AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE MDVITA® AND ALL MATERIALS, INCLUDING INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDVITA®, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOUR USE OF MDVITA® IS AT YOUR OWN RISK. ACCESS TO MDVITA® MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR NONAVAILABLE THROUGH MDVITA® MAY NOT BE ERROR-INFRINGEMENTFREE. NONE OF HEALTH CARE 2000, WARRANTIES AS INC. AND ITS AFFILIATES AND SUBSIDIARIES, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MDVITA® OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MDVITA® WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDVITA® ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT MDVITA® WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MDVITA® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE USEFULNESSEXCLUSION OF IMPLIED WARRANTIES. ADDITIONALLY, QUALITYHEALTH CARE 2000, INC. MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED: (I) REGARDING THE SAFETY, ACCURACY, CONDITION OR BENEFITS EFFICACY OF MDVITA®, OR THE INFORMATION STORED ON MDVITA®; (II) THAT THE MDVITA® WILL OPERATE IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR (III) REGARDING ANY PARTICULAR PROJECT(S) OTHER SUBJECT MATTER OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY CLAIMS RELATED TO THE ESTABLISHMENT OR RESULTSPERFORMANCE OF MDVITA® SHALL BE BROUGHT TO THE ATTENTION THE CORRESPONDING HEALTHCARE PROVIDER. UNDER NO CIRCUMSTANCES SHALL MDVITA®, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MDVITA® OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND WARRANTIES THAT CORE FACILITY SERVICES INCLUDED IN OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT AVAILABLE THROUGH MDVITA® BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTDIRECT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, HOWEVER CAUSEDLOSS OF DATA, ARISING OUT OF OR RELATED IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, MDVITA®. THIS AGREEMENT LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER LEGAL THEORY, EVEN IF FACILITY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN THE FACILITY’S LIABILITY FOR ANY CLAIMS EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SERVICES GIVING RISE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND MDVITA® WOULD NOT BE PROVIDED TO YOU ABSENT SUCH A CLAIMLIMITATIONS.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM. I acknowledge my responsibility to ensure my INSTITUTION promptly processes payment to the UNIVERSITY for purchases, materials costs, and use fees incurred by me for use of CORE FACILITY facilities and at other UNIVERSITY departmental stockrooms. I have confirmed with the INSTITUTION Financial Contact, whose information I have provided to the core and/or listed below, that I have sufficient funds available to me to cover such costs and followed all appropriate procedures at INSTITUTION required for the obligation of funds and that there are no additional terms or conditions other than those contained in this AGREEMENT that my INSTITUTION requires in order to make prompt payment of all amounts due hereunder. CORE FACILITY shall submit an invoice to the INSTITUTION via the Financial Contact indicated below for amounts due hereunder, and payment in full shall be made by INSTITUTION within thirty (30) days following submission of the invoice. No terms in any form prepared by USER or INSTITUTION, including Purchase Orders, shall apply. INSTITUTION Financial Contact: Name Title Department Address 1 Address 2 Email I understand that I am not an employee, student, or agent of the UNIVERSITY and am deemed to be acting as a representative, employee, and/or student of INSTITUTION for all purposes during work on a project in the CORE FACILITY facilities. I will not have physical access to the CORE FACILITY facilities in the course of my project utilizing the CORE FACILITY services. CORE FACILITY operates as a shared‐use facility, and the UNIVERSITY shall make no claim to co‐own (i) intellectual property created solely by USER or (ii) results generated for the USER by the CORE FACILITY under this AGREEMENT, based solely on my use of the UNIVERSITY’s facilities and services under this AGREEMENT. UNIVERSITY owns intellectual property, including techniques, improvements, methods and inventions created by its staff in the course of rendering services to USER under this AGREEMENT, other than results generated for USER hereunder, as well as all general knowledge, skills, experience and know-how developed or obtained by CORE FACILITY in the course of performing services under this AGREEMENT or otherwise. I acknowledge that the commercial viability of any technique developed at CORE FACILITY is subject to the intellectual property rights of the UNIVERSITY and other third‐party rights holders. I understand and acknowledge that the UNIVERSITY makes no guarantee that techniques developed at CORE FACILITY are not covered by its own or a third party’s intellectual property. I further acknowledge that the UNIVERSITY is the co-owner of intellectual property that I co-invent with CORE FACILITY staff or other UNIVERSITY personnel, other than results generated for USER hereunder, and that, prior to using the CORE FACILITY, I have confirmed with INSTITUTION that my use of CORE FACILITY under these terms is consistent with my obligations to INSTITUTION under the terms of my appointment.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge that11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE PLATFORM AND REPORTS PROPOSED PLATFORM MATERIALS ARE PROVIDED "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY" AND THE COMPANY IS NOT RESPONSIBLE FOR POSSIBLE NEGATIVE EFFECTS OF THE USE OF THE PLATFORM AND PROPOSED PLATFORM MATERIALS, ie GENERATED BY THE USE OF THE PLATFORM, THE MATERIALS PROVIDED ON THE PLATFORM ARE PROVIDED BY THE USER AT YOUR OWN RISK. 11.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, AND THEY HEREBY DISCLAIM ALLTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF ANY KINDTHE COMPANY DOES NOT PROVIDE THE USER NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESSPLATFORMS AND PLATFORM OF PROPOSED MATERIAL, QUALITYINCLUDING WITH RESPECT TO ITS FITNESS FOR USE FOR CERTAIN PURPOSES AND IN CERTAIN WAYS, ACCURACY, CONDITION OR THE ECONOMIC BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSSUCH USE, AND WARRANTIES ALSO IN REGARDING THE "CLEANLINESS" OF RIGHTS TO THE PLATFORM AND OFFERED ON THE PLATFORM. ALSO DOES NOT WARRANT THAT CORE FACILITY SERVICES THE PLATFORM AND THE MATERIALS PROVIDED ON THE PLATFORM WILL MEET ALL REQUIREMENTS OR FACILITIES WILL BE REPRESENTATIONS ABOUT THEM. THE PLATFORM DOES NOT ASSUME ANY RISKS RELATED TO THE QUALITY OF THE PLATFORM AND THE MATERIALS PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULETHE PLATFORM AND (OR) ITS USE. I fully understand IN ADDITION WITH THE ABOVE, THE COMPANY UNDER NO CIRCUMSTANCES DOES ACCEPT ANY LIABILITY AND DOES NOT ASSUME ANY LIABILITY AS TO THE POSSIBILITY AND CONSEQUENCES OF USING THE PLATFORM AND SERVICES. 11.3 The company is not responsible for and agree does not eliminate malfunctions caused by the fault of the cellular operator or in connection with equipment failure, as well as in connection with failures in all systems, and communication lines through which information passes. 11.4 The Company is not responsible: (i) for the occurrence of failures and errors in the operation of the Platform Mapflow, for data loss and damage associated with the use of the Mapflow Platform; (ii) for non-delivery of an SMS message to the phone number specified by the User when registering on the Geoalert Platform; (iii) for possible losses caused to the User in connection with the use of the Platform, including for possible losses resulting from the performance of the User's accepted within the framework of separate contractual relations concluded on the Platform with another User. 11.5 The Company cannot guarantee that: the (i) Platform meets (will meet) the requirements of the User; (ii) The platform will work continuously (24 hours 7 days a week, 365/366 days a year), quickly, reliably and without errors; (iii) The results that can be obtained using the Platform will be accurate and reliable and can be used for any work done purpose or service provided in any capacity (for example, to establish and (or) confirm any facts); (iv) The quality of any product, service, information, etc., obtained using the Platform, Mapflow will meet the User's expectations. 11.6 Notwithstanding the foregoing in clause 11.5 of the User Agreement, in the event that the Company provides data processing services for the User's order, the Company assumes the obligation to maintain the operability of the Platform to the extent necessary for the User to use the Platform in accordance with this User Agreement, ensuring the full presence of the User on the Platform. less than 99% of the time per month (idle time no more than 7.5 hours per month). 11.7 Under no circumstances will the Company be held liable if the User indicates in his Personal Account a phone number, e-mail address, which the User is not the owner, as well as in case of access to the specified data of third parties, including as a result of actual actions by CORE FACILITY and its employees is the User himself. , both on a reasonable effort reimbursable and free basis. 11.8 Any information and (or) materials (including downloadable software, letters, any instructions and manuals for action, etc.), that the User accesses using the Platform, the User can use at his own risk. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility is solely responsible for the progress possible consequences of using the specified information and results (or) materials, including for damage that this may cause to the User's device or third parties, for data loss or any other harm. 11.9 The Company is not responsible for any types of my project(slosses incurred as a result of the User's use of the Mapflow Platform or its individual parts and (or) the functions of the Platform. Mapflow. The User uses the information posted on the Platform to analyze geodata at his own peril and risk without direct or indirect participation and (or) control by the Company. 11.10 The parties are free from liability for partial or complete failure to fulfill obligations if such failure was the result of force majeure circumstances that arose after the acceptance of the terms of this Agreement, including emergency circumstances (technical accidents, floods, fires, earthquakes and other natural phenomena, as well as war, military actions, blockade, prohibitive actions of the authorities and acts of state bodies that arose during the validity of this User Agreement), which the parties could not foresee or prevent by reasonable measures. 11.11 In the event of Force Majeure circumstances provided for in clause 11.10. THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY of this User Agreement, the term for the fulfillment of obligations by the Party is postponed in proportion to the time during which these circumstances and their consequences are in effect. The Party referring to them is obliged to notify the other Party about the beginning and termination of force majeure circumstances no later than 3 (WHETHER TORT, CONTRACT OR OTHERWISEthree) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMworking days from the moment of the beginning and (or) end of the said circumstances. 11.12 Inaction on the part of the Company in case of violation by the User of the provisions of this User Agreement does not deprive the Company of the right to take appropriate actions in defense of its interests later and does not mean that the Company waives its rights in the event that the User subsequently commits similar or similar violations.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge thatYOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT YOUR INTERNET CONNECTION OR FILES AVAILABLE THROUGH THE DASHBOARD OR DOWNLOADED THROUGH THE INTERNET WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, as the USERAND FOR MAINTAINING A MEANS EXTERNAL TO OUR DASHBOARD FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, I retain full responsibility for my project progress and developmentWE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, RANSOMWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DASHBOARD OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DASHBOARD OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE DASHBOARD, OR ON ANY WEBDASHBOARD LINKED TO IT. THE DASHBOARD AND ALL CORE FACILITY SERVICESMATERIALS, DELIVERABLES INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND REPORTS SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BIOREFERENCE AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE DASHBOARD AND ALL MATERIALS, INCLUDING INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-AND NON- INFRINGEMENT, WARRANTIES AS . YOUR USE OF THE DASHBOARD IS AT YOUR OWN RISK. ACCESS TO THE USEFULNESSDASHBOARD MAY BE INTERRUPTED AND THE MATERIALS, QUALITYINFORMATION, ACCURACYSOFTWARE, CONDITION PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR BENEFITS AVAILABLE THROUGH THE DASHBOARD MAY NOT BE ERROR-FREE. NONE OF BIOREFERENCE, ITS SUPPLIERS, ITS VENDORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DASHBOARD OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE WILL BE AVAILABLE AT ANY PARTICULAR PROJECT(S) TIME OR RESULTSLOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DASHBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL BIOREFERENCE, ITS SUPPLIERS, ITS VENDORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DASHBOARD OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND WARRANTIES THAT CORE FACILITY SERVICES INCLUDED IN OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). AVAILABLE THROUGH THE FACILITY WILL NOT DASHBOARD BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTDIRECT, CONTRACT OR OTHERWISE) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, DAMAGES ARISING OUT OF OR RELATED IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO THIS AGREEMENT USE, THE DASHBOARD, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR THE ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH HEREOF OF CONTRACT, OR THE PERFORMANCE OF THE SERVICESOTHERWISE, EVEN IF FACILITY HAS FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN THE FACILITY’S EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, THE LIABILITY FOR OF BIOREFERENCE, ITS SUPPLIERS AND ITS VENDORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE DASHBOARD WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. YOU FURTHER ACKNOWLEDGE THAT ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID RELATED TO THE FACILITY FOR ESTABLISHMENT OR PERFORMANCE OF THE SERVICES GIVING RISE DASHBOARD SHALL BE BROUGHT TO SUCH A CLAIMTHE ATTENTION OF BIOREFERENCE.

Appears in 1 contract

Samples: User Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES FIREFLY AND REPORTS ARE ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE SERVICE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDHEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONINCLUDING, WARRANTIES BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FIREFLY AND ITS SUPPLIERS DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON FIREFLY’S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF FIREFLY AND ITS SUPPLIERS. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO ANY SERVICES OR EQUIPMENT SOLD BY FIREFLY HEREUNDER, AND FIREFLY AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR NON-INFRINGEMENTGUARANTEES WITH RESPECT THERETO. THIRD PARTY PRODUCED ITEMS ARE PROVIDED AS IS AND WITHOUT WARRANTY. IN NO EVENT SHALL FIREFLY AND ITS SUPPLIERS (OR ITS AFFILIATES, WARRANTIES AS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE USEFULNESSCUSTOMER FOR ANY INDIRECT, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING LOST INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, HOWEVER CAUSEDOR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING OUT OF OR RELATED TO THIS IN ANY MANNER FROM THE AGREEMENT OR THE BREACH HEREOF AND/OR THE PERFORMANCE OF THE SERVICESOR NONPERFORMANCE HEREUNDER, EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. FIREFLY’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO FIREFLY IN THE MOST RECENT THREE MONTH PERIOD HEREUNDER. THE FACILITY’S LIABILITY PROVISIONS OF THIS SECTION 8 CONSTITUTE AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION 8 SHALL SURVIVE THE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY CLAIMS OR DAMAGES REASON. THIS SECTION 8 SURVIVES TERMINATION OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID AGREEMENT. TO THE FACILITY FOR EXTENT THAT SUCH TERMS CONFLICT, THE SERVICES GIVING RISE TERMS OF THIS SECTION 8 CONTROL THE TERMS AND CONDITIONS SET FORTH AT xxx.xxxxxxxxx.xxx WITH RESPECT TO SUCH A CLAIMTHE MATTERS SET FORTH HEREIN.

Appears in 1 contract

Samples: Residential Voip Service Agreement

No Warranty; Limitation of Liability. I acknowledge that(a) GREEN HAS NOT MADE AND DOES NOT MAKE ANY GUARANTEES, as the USERREPRESENTATIONS OR WARRANTIES, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONIN LAW OR IN FACT, WARRANTIES OF MERCHANTABILITYORAL OR IN WRITING, FITNESS FOR A PARTICULAR PURPOSEAS TO ANY MATTER WHATSOEVER, OR INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, WARRANTIES AS TO OR THE USEFULNESSDESIGN, QUALITY, ACCURACY, CAPACITY OR CONDITION OF THE INVENTORY. GREEN EXPRESSLY DISAVOWS ANY WARRANTY OF MERCHANTABILITY OR BENEFITS OF FITNESS FOR ANY PARTICULAR PROJECT(S) PURPOSE, IT BEING AGREED THAT NO DEFECT, EITHER PATENT OR RESULTSLATENT, SHALL RELIEVE RMT OF ITS OBLIGATIONS HEREUNDER. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, RMT AGREES THAT GREEN AND WARRANTIES THAT CORE FACILITY SERVICES ANY SUCCESSOR OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL ASSIGNEE OF GREEN SHALL NOT BE LIABLE UNDER FOR SPECIFIC PERFORMANCE OR ANY LEGAL THEORY (WHETHER TORTLIABILITY, CONTRACT LOSS, DAMAGE OR OTHERWISE) FOR SPECIALEXPENSE OF ANY KIND IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGESSPECIAL DAMAGES OF ANY NATURE, INCLUDING LOST PROFITS, HOWEVER CAUSEDLOSS OF USE, ARISING OUT INTERRUPTION OF BUSINESS, OR RELATED TO THIS AGREEMENT FOR ANY CLAIM OR THE BREACH HEREOF OR THE PERFORMANCE DEMAND REGARDLESS OF THE SERVICESFORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FACILITY GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN THE FACILITY’S EVENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THE FOREGOING SENTENCE SHALL, FOR ANY CLAIMS REASON, BE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES AGREE THAT IN SUCH EVENT THE AGGREGATE LIABILITY IN DAMAGES OR DAMAGES OTHERWISE OF GREEN, OR ANY KIND SUCCESSOR OR ASSIGNEE OF GREEN, IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY PAYMENT, IF ANY, RECEIVED BY GREEN (OR ANY SUCCESSOR OR ASSIGNEE OF GREEN, AS APPLICABLE) FOR THE SERVICES GIVING RISE UNIT OF INVENTORY SUPPLIED OR TO SUCH A CLAIMBE SUPPLIED HEREUNDER WHICH IS THE SUBJECT OF THE RELEVANT CLAIM OR DISPUTE. (b) Nothing in this Section 4 shall limit, in any way, Green's obligation, pursuant to the APA and any and all other documents, instruments and agreements to be executed by the parties hereto in connection with said APA, to fully reimburse, indemnify, and hold harmless RMT from any and all product liability claims relating to products manufactured by Green, but only to the extent expressly set forth therein.

Appears in 1 contract

Samples: Raw Materials Inventory Purchase Agreement (P&f Industries Inc)

No Warranty; Limitation of Liability. I acknowledge thatTIMBERLINE CANNOT WARRANT THAT WEB HOSTING OR EMAIL OR OTHER INTERNET SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE, as the USER, I retain full responsibility for my project progress and developmentOR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES PROVIDED. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS THE SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYBASIS, AND THEY HEREBY DISCLAIM ALL, WITHOUT WARRANTIES OF ANY KIND. ACCORDINGLY, EXPRESS TIMBERLINE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSPURPOSE AND NONINFRINGEMENT, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL SHALL NOT BE LIABLE UNDER TO CUSTOMER FOR ANY LEGAL THEORY (WHETHER TORTDIRECT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE ANY OTHER FORM OF MONEY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITSPROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY TIMBERLINE OR THE PROVISION OF SERVICES HEREUNDER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF TIMBERLINE, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER OR NOT TIMBERLINE HAS BEEN MADE AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. IN THE EVENT OF A SERVICE OUTAGE TIMBERLINE WILL ONLY BE LIABLE FOR THE AMOUNT PAID FOR SERVICE PRORATED FOR THE AMOUNT OF TIME OF THE OUTAGE. CUSTOMER SHALL INDEMNIFY AND HOLD TIMBERLINE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO ANY VIOLATION OF LAW, RULE OR REGULATION OR CUSTOMER’S IMPROPER USE OF ANY WEB PAGE OR THE INTERNET OR ANY OTHER BREACH OF THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMBY CUSTOMER.

Appears in 1 contract

Samples: Internet Services Agreement

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and developmenta. SNC IS NOT A TRANSPORTATION SERVICE PROVIDER AND DOES NOT OWN OR OPERATE ANY VEHICLES OR OTHER TRANSPORTATION EQUIPMENT. ALL CORE FACILITY SERVICESRIDES ARE COMPLETED BY INDEPENDENT CONTRACTOR PROVIDERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY SNC MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDNO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING REGARDING ANY RIDE REQUEST, RIDE OR PROVIDER. ALL WHEELCHAIR RENTALS ARE PROVIDED “AS-IS” AND “WHERE-IS” AND SNC MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS ALL OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY SNC. b. IN NO EVENT SHALL SNC BE LIABLE UNDER THIS AGREEMENT FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIALCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, INDIRECT EXEMPLARY, SPECIAL OR PUNITIVE DAMAGESDAMAGES INCLUDING, INCLUDING LOST PROFITSWITHOUT LIMITATION, HOWEVER CAUSEDANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RELATED TO THIS AGREEMENT OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. TO THE FACILITYGREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, SNC’S LIABILITY FOR UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CLAIMS OR DAMAGES OF ANY KIND RIDE SHALL NOT EXCEED BE LIMITED TO FIVE TIMES THE AMOUNT ACTUALLY FEES PAID TO THE FACILITY SNC FOR THE SERVICES GIVING RISE TO SUCH A CLAIMRIDE.

Appears in 1 contract

Samples: Transportation Services Agreement

No Warranty; Limitation of Liability. I acknowledge thatEXCEPT AS EXPRESSLY SET FORTH HEREIN, as the USEREACH PARTY DISCLAIMS ALL CONDITIONS, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICESREPRESENTATIONS AND WARRANTIES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYWHETHER EXPRESS, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION INCLUDING WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN THAT THE PRODUCT MEETS THE SPECIFICATIONS, OR NON-INFRINGEMENTANY WARRANTY OF NON‑INFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, WARRANTIES AS TO THE USEFULNESSANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, QUALITYOFFICERS, ACCURACYEMPLOYEES, CONDITION REPRESENTATIVES, AGENTS, LICENSORS OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT PARTNERS BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTSPECIAL, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES OR LIABILITIES (INCLUDING LOST SUCH DAMAGES OR LIABILITIES FOR LOSS OF PROFITS, HOWEVER CAUSEDBUSINESS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT (INCLUDING PERFORMANCE OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESFAILURE TO PERFORM HEREUNDER), EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS LEGAL OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMEQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE).

Appears in 1 contract

Samples: Commercial Supply Agreement (Omeros Corp)

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