Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 47 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 21 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 18 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 14 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Appears in 10 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 9 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 8 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. sold by an entity other than Licensor. LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 7 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the Iron Barcode Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days If a new release of the software is produced within 12 months from Your the date of purchasepurchase then you will be entitled to a free upgrade. This agreement may be extended by explicit purchase of additional lights. This license does not grant you any right to any enhancement or update beyond the initial 12 month period, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days commencing from the date of purchase. This license does not indicate a Service Level Agreement, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid nor does it imply that Iron Software is responsabile for the sucessful deployment, maintainance nor business function of The Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. IRON SOFTWARE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSIRON SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF IRON SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 5 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 4 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the IronPDF Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days from Your date This license does not provide a Service Level Agreement, nor does it imply that XXXXXXX.XXX is responsible for successful deployment, maintenance nor business function of purchaseThe Software. Without purchasing optional Support & Updates coverage, Licensor warrants that the Software will substantially conform this license does not grant you any right to its accompanying documentationany product support or update. If You report the nonconformity Support & Updates Coverage can be added to Licensor within ninety (90) days from the date initial license purchases or as extensions at a later date. Options include yearly subscriptions or purchasing of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the 4 year Support & Updates Packs. Initial license fees You paid purchases provide a perpetual license for the Softwarecurrent version at purchase. Any unauthorized use or modification Product Updates coverage allow for update to the Software voids this warrantylatest version at any time while coverage is valid. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESSupport is provided by email in good faith directly by our product teams without an SLA. However, EXPRESS OR IMPLIEDwe aim to answer all emails within 2 working days, resolving issues that can be replicated in inline with product release scheduling. The foregoing warranty does not apply Initial license purchases provide a perpetual license for the current version at purchase. Product Updates coverage allows for update to Software provided free of chargethe latest version at any time while coverage is valid. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. XXXXXXX.XXX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSXXXXXXX.XXX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE SOFTWARE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INABILITY TO USE SOFTWARE, EVEN IF XXXXXXX.XXX HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Ownership. No title to or ownership of Indigo Rose and its suppliers own the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software Software's design and Services, including any adaptations or copies thereofcoding methodology. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable United States copyright or other lawlaws and international treaty provisions. This Agreement gives provides You only a limited use license, and no rights to such contentownership of any intellectual property. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentationWARRANTY DISCLAIMER; LIMITATION OF LIABILITY. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the SoftwareINDIGO ROSE PROVIDES THE SOFTWARE "AS-IS" AND PROVIDED WITH ALL FAULTS. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING NEITHER INDIGO ROSE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY INDIGO ROSE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDTITLE, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCENON- INFRINGEMENT, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE FOREGOING EXCLUSIONS ENTIRE RISK OF SELECTION, INSTALLATION, AND DISCLAIMERS ARE USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED AGREEMENT. NO USE OF THE BASIS FOR DETERMINING SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PRICE CHARGED FOR THE PRODUCTSPERIOD REQUIRED BY APPLICABLE LAW. Some jurisdictions states do not allow certain disclaimers and limitations of warrantieson how long an implied warranty may last, so portions of the above limitations may not apply to You. This limited warranty gives You you specific rights rights, and You may also have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL INDIGO ROSE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF INDIGO ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL INDIGO ROSE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE. EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by state such countries, or jurisdictionto nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
Appears in 3 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Ownership. No title to or ownership of Indigo Rose and its suppliers own the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software Software's design and Services, including any adaptations or copies thereofcoding methodology. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable United States copyright or other lawlaws and international treaty provisions. This Agreement gives provides You only a limited use license, and no rights to such contentownership of any intellectual property. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentationWARRANTY DISCLAIMER; LIMITATION OF LIABILITY. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the SoftwareINDIGO ROSE PROVIDES THE SOFTWARE "AS-IS" AND PROVIDED WITH ALL FAULTS. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING NEITHER INDIGO ROSE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY INDIGO ROSE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDTITLE, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ONNON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEINFRINGEMENT, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE FOREGOING EXCLUSIONS ENTIRE RISK OF SELECTION, INSTALLATION, AND DISCLAIMERS ARE USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED AGREEMENT. NO USE OF THE BASIS FOR DETERMINING SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PRICE CHARGED FOR THE PRODUCTSPERIOD REQUIRED BY APPLICABLE LAW. Some jurisdictions states do not allow certain disclaimers and limitations of warrantieson how long an implied warranty may last, so portions of the above limitations may not apply to You. This limited warranty gives You you specific rights rights, and You may also have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL INDIGO ROSE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF INDIGO ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL INDIGO ROSE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE. EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by state such countries, or jurisdictionto nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
Appears in 3 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. refund the amount You paid to Licensor for the portion of the Services that fail to comply with this warranty. You agree to take appropriate measures to isolate and back up Your systems. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor Novell and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor Novell warrants that (1) any media on which the Software is delivered is free from physical defects; and (2) the Software will substantially conform to its the documentation accompanying documentationthe Software. If the defective items are returned to Novell or if You report the nonconformity to Licensor Novell within ninety (90) days from the date of purchase, Licensor Novell will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. .) THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your reseller for information about compatibility. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGEINFRINGEMENT. LICENSOR XXXXXX MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTSUNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitation of damages, Novell's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. accepted industry standards. This warranty will be effective for thirty (30) days following delivery of the Services. Upon any breach of this warranty, Licensor’s only obligation is to either correct the Services so that they comply with this warranty or at its option refund the amount You paid to Licensor for the portion of the Services that fail to comply with this warranty. You agree to take appropriate measures to isolate and back up Your systems. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or NETAVIS and its subsidiaries shall retain exclusive ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and worldwide intellectual property rights in and to the content accessed through SOFTWARE PRODUCT and any copies thereof. Customer hereby assigns to NETAVIS any such rights Customer may have in and to the Software foregoing. All rights not expressly granted to Customer in this Agreement are expressly reserved for NETAVIS and its licensors. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTIAL OR INDIRECT DAMAGES OF ANY KIND. To the property maximum extent permitted by applicable law, in no event shall NETAVIS, its subsidiaries or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the applicable content owner and may be protected by applicable copyright use of, or other lawinability to use, this SOFTWARE PRODUCT, even if NETAVIS has been advised of the possibility of such damages. This Agreement gives You no rights to such contentLimited Warranty. For ninety (90) days from Your date of purchase, Licensor NETAVIS warrants that the Software media on which the SOFTWARE PRODUCT is delivered will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within be free from defects in materials or workmanship for a period of ninety (90) days from the date on which Customer receives such media. If during the foregoing ninety (90) day warranty period the media on which Software is delivered proves to be defective, NETAVIS will replace such media, at NETAVIS’ option, and as Customer’s sole remedy for any breach of purchase, Licensor warranty hereunder. Customer assumes full responsibility for: (i) the selection of the SOFTWARE PRODUCT; (ii) verifying the results obtained from the use of the SOFTWARE PRODUCT; and (iii) taking appropriate measures to prevent loss of data. NETAVIS does not warrant that the operation of the SOFTWARE PRODUCT will at its sole discretion either resolve the nonconformity meet Customer’s requirements or refund the license fees You paid for the Software. Any unauthorized that Customer will be able to achieve any particular results from use or modification of the SOFTWARE PRODUCT or that the SOFTWARE PRODUCT will operate free from error. The SOFTWARE PRODUCT license fees do not include support, installation or training. Installation and training services, to the Software voids this warrantyextent offered by NETAVIS, may be separately purchased at NETAVIS’ then-current rates. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations Customer may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionrequest additional information on NETAVIS’ support offerings from an NETAVIS sales representative.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Ownership. No title Title to or and full ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title NCQA Materials and interest in and to all intellectual property rights therein (including, but not limited to, all copyrights, patent rights, and trade secret rights) belong to NCQA or NCQA has obtained the necessary rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold NCQA Materials (except as otherwise set forth regarding third party copyright ownership of portions of the Value Sets) to You, You acquire only a conditional license to use grant the Software. Title, ownership rights and intellectual property rights licenses set forth herein. NCQA’s name and logo, and all other names, logos, icons, trademarks, and/or service marks identifying NCQA and its programs, product(s) and services are proprietary trademarks of NCQA and any use not expressly provided for in and to the content accessed through the Software are the property this Terms of the applicable content owner and may be protected by applicable copyright or other lawUse is strictly prohibited. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESNCQA MAKES NO WARRANTY, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” , WITH RESPECT TO THE NCQA MATERIALS OR ANY OTHER INFORMATION OR MATERIALS DELIVERED PURSUANT TO THIS TERMS OF USE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED MERCHANTABILITY OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR AND NCQA DISCLAIMS AND MAKES NO WARRANTYWARRANTY OR REPRESENTATIONS AS TO THE ACCURACY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTSQUALITY, BE COMPATIBLE WITH ALL OPERATING SYSTEMSRELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR THAT THE OPERATION EFFECTIVENESS OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEMEASURE SPECIFICATIONS. THE FOREGOING EXCLUSIONS USE OF THE NCQA MATERIALS IS ENTIRELY AT PARTICIPANT’S OWN RISK AND DISCLAIMERS ARE AN ESSENTIAL PART NCQA SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR. PARTICIPANT AGREES TO INDEMNIFY AND HOLD NCQA HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES ARISING OUT OF THIS AGREEMENT AND FORMED OR RELATING TO THE BASIS PARTICIPANT’S USE OF THE NCQA MATERIALS. NCQA SHALL HAVE NO LIABILITY FOR DETERMINING ANY DAMAGES RESULTING FROM USE OR INTERPRETATION OF THE PRICE CHARGED NCQA MATERIALS, INCLUDING BUT NOT LIMITED TO THE IMPACT, PROVISION OR STANDARD OF MEDICAL CARE, WHETHER OR NOT NCQA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NCQA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINESS, EVEN IF NCQA HAS BEEN ADVISED OF THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionPOSSIBILITY OF SUCH DAMAGES.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Ownership. No title The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”)) are proprietary to Carbon Infrastructure Management or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all are protected by intellectual property rights and unfair competition and other laws. You may not use any Xxxx or Content without the express written permission of the owner (whether Carbon Infrastructure Management or otherwise), and nothing contained in these Terms of Use or anywhere on the Software Site shall be construed as granting any license or right to use any Xxxx or Content. From time to time, Carbon Infrastructure Management may provide links from the Site to websites operated by third parties. Carbon Infrastructure Management’s decision to do so is in no way an endorsement of these sites. Carbon Infrastructure Management does not monitor, edit or control such third-party sites and Services, including any adaptations or copies thereof. The Software is not sold responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to Youfollow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and please direct them to the content accessed through the Software are the property administrator of the applicable content owner and may be protected by applicable copyright or other lawrelevant site. This Agreement gives You no rights Carbon Infrastructure Management reserves the right to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will terminate any link at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warrantyany time. THE FOREGOING WARRANTY IS YOUR SOLE SITE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER LAW, PROVIDED WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CARBON INFRASTRUCTURE MANAGEMENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDQUALITY, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIESNON-INFRINGEMENT, AIRCRAFT NAVIGATION, COMMUNICATIONMERCHANTABILITY, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE PERFORMANCE, OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR CARBON INFRASTRUCTURE MANAGEMENT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SITE OR SERVICES CONTENT WILL SATISFY YOUR REQUIREMENTSALWAYS BE AVAILABLE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSACCESSIBLE, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW. CARBON INFRASTRUCTURE MANAGEMENT DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, CARBON INFRASTRUCTURE MANAGEMENT IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE. UNDER NO CIRCUMSTANCES WILL CARBON INFRASTRUCTURE MANAGEMENT BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionDOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Use
Ownership. No title Title to or and full ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title NCQA Materials and interest in and to all intellectual property rights therein (including, but not limited to, all copyrights, patent rights, and trade secret rights) belong to NCQA or NCQA has obtained the necessary rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold NCQA Materials (except as otherwise set forth regarding third party copyright ownership of portions of the Value Sets) to You, You acquire only a conditional license to use grant the Software. Title, ownership rights and intellectual property rights licenses set forth herein. NCQA’s name and logo, and all other names, logos, icons, trademarks, and/or service marks identifying NCQA and its programs, product(s) and services are proprietary trademarks of NCQA and any use not expressly provided for in and to the content accessed through the Software are the property these Terms of the applicable content owner and may be protected by applicable copyright or other lawUse is strictly prohibited. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESNCQA MAKES NO WARRANTY, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” , WITH RESPECT TO THE NCQA MATERIALS OR ANY OTHER INFORMATION OR MATERIALS DELIVERED PURSUANT TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED MERCHANTABILITY OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR AND NCQA DISCLAIMS AND MAKES NO WARRANTYWARRANTY OR REPRESENTATIONS AS TO THE ACCURACY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTSQUALITY, BE COMPATIBLE WITH ALL OPERATING SYSTEMSRELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR THAT THE OPERATION EFFECTIVENESS OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEMEASURE SPECIFICATIONS. THE FOREGOING EXCLUSIONS USE OF THE NCQA MATERIALS IS ENTIRELY AT PARTICIPANT’S OWN RISK AND DISCLAIMERS ARE AN ESSENTIAL PART NCQA SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR. PARTICIPANT AGREES TO INDEMNIFY AND HOLD NCQA HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES ARISING OUT OF THIS AGREEMENT AND FORMED OR RELATING TO THE BASIS PARTICIPANT’S USE OF THE NCQA MATERIALS. NCQA SHALL HAVE NO LIABILITY FOR DETERMINING ANY DAMAGES RESULTING FROM USE OR INTERPRETATION OF THE PRICE CHARGED NCQA MATERIALS, INCLUDING BUT NOT LIMITED TO THE IMPACT, PROVISION OR STANDARD OF MEDICAL CARE, WHETHER OR NOT NCQA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NCQA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINESS, EVEN IF NCQA HAS BEEN ADVISED OF THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionPOSSIBILITY OF SUCH DAMAGES.
Appears in 1 contract
Samples: Terms of Use
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. sold by an entity other than Licensor. LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON- LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title ADEC warrants and represents that: (a) ADEC has the full and unrestricted right, power and authority to or ownership enter into this License and to perform its obligations in accordance with the terms of the Software is transferred to You. Licensor and/or its third party licensors retain this License; (b) ADEC has all right, title title, and interest in the Licensed Products and to in all related copyrights and other intellectual property rights rights, and that ADEC has the right to license the Licensed Products to Client for use in accordance with the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property terms of this License; (c) no portion of the Licensed Products infringes upon any copyright, trademark, trade secret, patent, right of publicity, or right of privacy of a third party or otherwise violates the rights of any third party; (d) that Licensor’s performance of services and grant of licenses under this License will not violate any agreement to which ADEC is a party or any applicable content owner law, rule or regulation; and may be protected by applicable copyright (e) ADEC has given no commissions, payments, gifts, kickbacks, lavish or extensive entertainment, or other lawthings of value to any employee or agent of Client or of an Affiliate in connection with this License. This Agreement gives You no rights to such content18. For ninety (90) days from Your date of purchaseDisclaimer EXCEPT FOR THE WARRANTIES STATED HEREIN, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE SYSTEM AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDWARRANTY, MANUFACTURED OR INTENDED FOR AND LICENSEE’S USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESYSTEM AND SERVICES IS SOLELY AT LICENSEE’S OWN RISK. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR ADEC DOES NOT WARRANT THAT THE SOFTWARE SYSTEM OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FOREGOING EXCLUSIONS FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ADEC DISCLAIMS ALL REPRESENTATIONS AND DISCLAIMERS ARE AN ESSENTIAL PART WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, CONCERNING THE SYSTEM, THE SERVICES OR OTHERWISE RELATED TO THIS LICENSE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF THIS AGREEMENT MERCHANTABILITY AND FORMED THE BASIS FITNESS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warrantiesA PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionAND ANY STATUTORY WARRANTIES OF NON- INFRINGEMENT.
Appears in 1 contract
Samples: Software License Agreement
Ownership. No All title and intellectual property in and to or ownership the Software (including all copies of the Software is transferred to You. Licensor and/or made by you) are owned by Infopulse and its third party licensors retain all rightlicensor(s), title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereofif any. The Software is not sold to You, You acquire only a conditional license to use the Softwareprotected by copyright law and international treaty provisions. Title, ownership rights and intellectual property rights in and to the content accessed through LIMITED WARRANTY. If (a) the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will does not substantially conform to its specifications in the Documentation, the physical media accompanying documentation. If You report the nonconformity Software is defective, or if you are dissatisfied with the Software for any reason, and (b) if the Software (including all accompanying media, Documentation, packaging and materials) is returned by you to Licensor Infopulse within ninety thirty (9030) days from the date of purchasefirst receipt, Licensor will at its sole discretion either resolve the nonconformity or refund the then your license fees You paid fee for the SoftwareSoftware will be refunded to you. Any unauthorized Upon return, this XXXX shall terminate and you must immediately cease all use of the Software and remove and erase all copies of any Software from all the computers and storage media and devices within your possession or modification control. At Infopulse's request, you will certify in writing to Infopulse that you have complied with this Section. In the event that the Software is licensed to you for evaluation or demonstration purposes, there shall be no refund because such licenses are free. In the event you purchase a license to the Software voids this warrantyduring or after an evaluation license for such Software, then Infopulse shall have no obligation to refund any license fees paid by you for the license to the Software (i.e., the 30 day evaluation period is your thirty day limited warranty period). THE FOREGOING THIS LIMITED WARRANTY IS YOUR SOLE SHALL NOT APPLY TO SOFTWARE UPDATES AND EXCLUSIVE REMEDY UPGRADES; ALL UPDATES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “UPGRADES ARE LICENSED "AS IS” ," WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE SOFTWARE IS NOT DESIGNEDPROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEWHETHER EXPRESS, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATIONIMPLIED, OR CONTROL SYSTEMSSTATUTORY, DIRECT LIFE SUPPORT MACHINESINCLUDING WITHOUT LIMITATION, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE . ANY WARRANTIES CREATED BY COURSE EXPRESS WARRANTY MADE OUTSIDE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGETHIS XXXX IS EXCLUDED AND SUPERSEDED. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR INFOPULSE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES THEREOF WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations limitation of warranties, so portions some of the above limitations these may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionyou.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or ownership of Indigo Rose and its suppliers own the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software Software's design and Services, including any adaptations or copies thereofcoding methodology. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable United States copyright or other lawlaws and international treaty provisions. This Agreement gives provides You only a limited use license, and no rights to such contentownership of any intellectual property. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentationWARRANTY DISCLAIMER; LIMITATION OF LIABILITY. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the SoftwareINDIGO ROSE PROVIDES THE SOFTWARE "AS-IS" AND PROVIDED WITH ALL FAULTS. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING NEITHER INDIGO ROSE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY INDIGO ROSE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDTITLE, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ONNON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEINFRINGEMENT, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE FOREGOING EXCLUSIONS ENTIRE RISK OF SELECTION, INSTALLATION, AND DISCLAIMERS ARE USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED AGREEMENT. NO USE OF THE BASIS FOR DETERMINING SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PRICE CHARGED FOR THE PRODUCTSPERIOD REQUIRED BY APPLICABLE LAW. Some jurisdictions states do not allow certain disclaimers and limitations of warrantieson how long an implied warranty may last, so portions of the above limitations may not apply to You. This limited warranty gives You you specific rights rights, and You may also have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL INDIGO ROSE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF INDIGO ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL INDIGO ROSE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE. EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re- exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by state such countries, or jurisdictionto nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
Appears in 1 contract
Samples: Software License Agreement
Ownership. No title to or ownership of the The Software is transferred to You. Licensor and/or its third party licensors retain and all rightrights, title and interest in and to all intellectual property rights interests in the Software (including without limitation all copyrights, patents, trade secrets and Servicesother intellectual property rights) are the sole property of Entrust, including its suppliers, or licensors, and Customer receives no rights, title or interests in the Software except as expressly set forth in this License. Without limiting the foregoing, unless expressly stated in an Order Customer specifically agrees that Entrust exclusively owns and Customer unconditionally assigns to Entrust all rights to any and all modifications, enhancements, translations or adaptations of, or copies thereofother changes to, the Software and any improvement or development based on the Software, whether developed, created or paid for by Customer or on Customer’s behalf. All rights not expressly granted to Customer in this License are expressly reserved by Entrust. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights protected by copyright and other intellectual property rights in laws and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other lawtreaties. This Agreement gives You no rights to such contentLimited Warranties. For ninety (90) days from Your date of purchase, Licensor Entrust warrants that the Software will substantially conform to its accompanying documentation. If You report perform in substantial compliance with the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid specifications for the applicable version of the Software contained in the Documentation for the period of time set forth in the Documentation. Entrust does not warrant that use of the Software will be uninterrupted, error free or will meet Customer’s business requirements. The sole remedy and Entrust’s sole obligation for breach of this warranty will be limited, at Entrust’s sole option, to either (i) the repair or replacement of the non-conforming Software with Software that conforms to Entrust’s specifications within a commercially reasonable time; or (ii) the refund of the purchase price of the Software, and will not include any other action or damages. Any unauthorized use No reseller, distributor, agent or employee of Entrust is authorized to make any modification or addition to the Software voids this warrantylimited warranty and remedies stated above. THE FOREGOING WARRANTY IS YOUR SOLE DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. EXCEPT AS SPECIFICALLY STATED HEREIN, ENTRUST HEREBY DISCLAIMS ANY AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT , WITH REGARD TO THE SOFTWARE, AND WITH REGARD TO ANY WARRANTIES OF COMBINATION THEREOF WITH OTHER SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEIntellectual Property Indemnity. Entrust will at its expense defend Customer from any action brought against Customer to the extent that it is based upon a claim that the Software (excluding Evaluation Software), TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALINGor any part thereof, COURSE OF PERFORMANCE OR TRADE USAGEdirectly infringes a patent, copyright, trade secret or other proprietary right in the United States of any third party (“Claim”). LICENSOR MAKES NO WARRANTYEntrust will indemnify Customer for the damages finally awarded against Customer or settled by agreement which are attributable to such Claim, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers together with any of Customer’s reasonable costs and limitations of warranties, so portions of expenses directly related to the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictiondefense against the Claim.
Appears in 1 contract
Samples: Software License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain As between Client and Schrödinger, Client shall own all right, title, and interest in the Client Confidential Information, Work Product, Client Intellectual Property, and any Client Improvements. As between Schrödinger and Client, Schrödinger shall own all right, title, and interest in the Schrödinger Confidential Information, Schrödinger Technology, Schrödinger Knowhow, Schrödinger Library, Schrödinger CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. CONFIDENTIAL Intellectual Property, and any Schrödinger Improvements. Client will assign and does hereby assign all right title and interest in and to all intellectual property Schrödinger Improvements, and will promptly disclose to Schrödinger all Schrödinger Improvements. Client hereby assigns and, to the extent any such assignment cannot be made at the present time, agrees to assign to Xxxxxxxxxxx, without any additional consideration from Schrödinger, any and all copyrights, patents and other proprietary rights Client may have in any such Schrödinger Improvements, together with the right to file and/or own wholly without restrictions applications for United States and foreign patents, trademark registration and copyright registration and any patent, or trademark or copyright registration issuing thereon. Client agrees to waive, and hereby does waive, all moral rights or proprietary rights in or to any Schrödinger Improvements and, to the Software extent that such rights may not be waived, agrees not to assert such rights against Schrödinger or its licensees, successors or assigns. Schrödinger will assign and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights does hereby assign all right title and intellectual property rights interest in and to the content accessed through the Software are the property all Work Product and Client Improvements, and will promptly disclose to Client all Work Product and Client Improvements. For purposes of the applicable content owner copyright laws of the United States, Work Product and may be protected by applicable Client Improvements constitute “works made for hire” under the copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date laws of purchasethe United States and Schrödinger hereby assigns and, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warrantyextent any such assignment cannot be made at the present time, agrees to assign to Client, without any additional consideration from Client, any and all copyrights, patents and other proprietary rights Schrödinger may have in any such Work Product and Client Improvements, together with the right to file and/or own wholly without restrictions applications for United States and foreign patents, trademark registration and copyright registration and any patent, or trademark or copyright registration issuing thereon. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESXxxxxxxxxxx agrees to waive, EXPRESS OR IMPLIED. The foregoing warranty and hereby does not apply waive, all moral rights or proprietary rights in or to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDany Work Product and Client Improvements and, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of to the above limitations extent that such rights may not apply be waived, agrees not to You. This limited warranty gives You specific assert such rights and You may also have other rights which vary by state against Client or jurisdictionits licensees, successors or assigns.
Appears in 1 contract
Samples: Collaboration Agreement
Ownership. The Software is licensed, not sold. No title to or ownership of the Software is transferred to You. Licensor and/or its the third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and ServicesSoftware. SUSE Marks No right or license, including any adaptations express or copies thereof. The Software implied, is not sold to You, You acquire only a conditional license granted under this EULA to use the Softwareany SUSE Mark, trade name or service mark of Licensor or its affiliates or licensors. Title, ownership rights Subscription Services and intellectual property rights in Support Licensor has no obligation to provide maintenance or support unless otherwise agreed pursuant to an additional agreement that expressly includes such services. Warranty and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. Liability Limited Warranty THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, OR NON-INFRINGEMENT INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL YOUR OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTSAGREEMENT. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. Limitation of Liability NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT OR OTHER THEORY OF LIABILITY, OR FOR ANY LOSS OF PROFITS, BUSINESS OR LOSS OR CORRUPTION OF DATA, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS XXXX (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED $50 (U.S.). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this XXXX or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the IronPDF Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days from Your date This license does not provide a Service Level Agreement, nor does it imply that XXXXXXX.XXX is responsible for successful deployment, maintenance nor business function of purchaseThe Software. Without Purchasing Optional Support & Updates coverage, Licensor warrants that the Software will substantially conform this license does not grant you any right to its accompanying documentationany product support or update. If You report the nonconformity Optional email Support & Updates Coverage can be added to Licensor within ninety (90) days from the date initial license purchases or as extensions at a later date. Options include yearly subscriptions or purchasing of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the 4 year Support & Updates Packs. Initial license fees You paid purchases provide a perpetual license for the Softwarecurrent version at purchase. Any unauthorized use or modification Product Updates coverage allow for update to the Software voids this warrantylatest version at any time while coverage is valid. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESSupport is provided in good faith directly by our product teams without an SLA. However, EXPRESS OR IMPLIEDwe aim to answer all emails within 2 working days, resolving issues that can be replicated in inline with product release scheduling. The foregoing warranty does not apply Initial license purchases provide a perpetual license for the current version at purchase. Product Updates coverage allows for update to Software provided free of chargethe latest version at any time while coverage is valid. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. XXXXXXX.XXX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSXXXXXXX.XXX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE SOFTWARE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INABILITY TO USE SOFTWARE, EVEN IF XXXXXXX.XXX HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. TitleAll title, ownership rights and intellectual property rights in and to the content accessed through Call to Power II Source Code and any and all copies thereof are owned by Activision or its licensors. The Call to Power II Source Code is protected by the Software are the property copyright laws of the applicable content owner United States, international copyright treaties and conventions and other laws. The Call to Power II Source Code may be protected by applicable copyright contain certain licensed materials and, in that event, Activision’s licensors may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or other lawcircumvent any proprietary notices or labels contained on or within the Call to Power II Source Code. This Agreement gives You no rights to such contentNO WARRANTIES. For ninety (90) days from Your date of purchaseTHERE ARE NO WARRANTIES, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESWHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR ARE THERE INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY WARRANTIES CREATED BY COURSE OF DEALINGKIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION. THE CALL TO POWER II SOURCE CODE IS PROVIDED TO YOU “AS IS.” LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, COURSE OF PERFORMANCE INCIDETAL OR TRADE USAGE. LICENSOR MAKES NO WARRANTYCONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, REPRESENTATION USE OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION MALFUNCTION OF THE SOFTWARE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEMALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION’S LIABILITY SHALL NOT EXCEED THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE ACTUAL PRICE CHARGED PAID FOR THE PRODUCTSLICENSE TO USE THIS PROGRAM. Some jurisdictions do not allow certain disclaimers and limitations of warrantiesSOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITAION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, so portions of the above limitations may not apply to YouSO THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITAION OF LIABILITY MAY NOT APPLY TO YOU. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Appears in 1 contract
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the IronPDF Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days If a new release of the software is produced within 12 months from Your the date of purchasepurchase then you will be entitled to a free upgrade. This agreement may be extended by explicit purchase of additional lights. This license does not grant you any right to any enhancement or update beyond the initial 12 month period, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days commencing from the date of purchase. This license does not indicate a Service Level Agreement, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid nor does it imply that XXXXXXX.XXX is responsabile for the sucessful deployment, maintainance nor business function of The Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. XXXXXXX.XXX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSXXXXXXX.XXX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE SOFTWARE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INABILITY TO USE SOFTWARE, EVEN IF XXXXXXX.XXX HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title Control of AORN Intellectual Property: "AORN Intellectual Property" means all of the names, logos, and trademarks which are owned by or licensed by AORN to AORN as well as any information or materials including, but not limited to, copyrighted materials, databases and any related programs together with all intangible rights associated therewith whether or not included in the AORN Deliverables. Oasis acknowledges and agrees that AORN has and will invest substantial time, money and other resources in the development of the AORN Deliverables as well as all other AORN Intellectual Property including derivative works of any kind. Oasis acknowledges AORN's ownership of its AORN Deliverables and AORN Intellectual Property as well as all licensing and copyrights to any materials developed in conjunction with the Software is transferred AORN Deliverables. All such materials developed as a part of the Oasis System will have AORN's logo or name and AORN will have on-going use of such materials. Oasis agrees that it will place the appropriate copyright, disclosure, and disclaimer statements on all AORN content used in the Oasis system. Oasis agrees it d shall not do anything to Youinvalidate any of AORN's rights and licenses. Licensor and/or its third party licensors retain all Nothing contained in this Agreement shall give Oasis any right, title and or interest in and to all intellectual property rights the AORN Deliverables or AORN Intellectual Property. Oasis shall not use the AORN Deliverables, AORN Intellectual Property, or any part thereof, as a part of Oasis's corporate or trade name or the corporate or trade name of any parent, subsidiary, associated, affiliated or related company. Oasis agrees that it will not take any action that would create any confusion in the Software and ServicesAORN Intellectual Property. Oasis shall not assign, including any adaptations transfer or copies thereof. The Software is not sold to You, You acquire only otherwise convey the AORN Intellectual Property nor grant a conditional license to use the SoftwareAORN Intellectual Property to any person, firm or entity, including but not limited to, any parent, subsidiary, associated, affiliated or related company. TitleOasis agrees to notify AORN of any unauthorized use of the AORN Intellectual Property within five (5) days after such unauthorized use comes to the attention of Oasis. All rights not specifically granted herein to Oasis are expressly reserved to AORN. Such rights shall include, ownership rights but not be limited to, derivative works, anthology, abridgement and intellectual property condensation rights, as well as all subsidiary rights in and to the content accessed through the Software are the property any form of media whatsoever. If AORN requests that any portion of the applicable content owner and may Intellectual Property be protected by applicable copyright deleted, corrected or other law. This Agreement gives You made inaccessible because such Property contains material errors, requires updated material, or is or could be subject to a claim that it is defamatory, obscene, invades the privacy of certain persons, or infringes any copyright, then Oasis shall take the requested action as soon as practicable after receiving AORN's request but in no rights to such content. For ninety less than thirty (9030) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictiondays.
Appears in 1 contract
Ownership. No title The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”) are proprietary to BayHawk or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether BayHawk or otherwise), and nothing contained in these Terms of Use or anywhere on the Software Site shall be construed as granting any license or right to use any Mark or Content. From time to time, BayHawk may provide links from this Site to websites operated by third parties. BayHawk’s decision to do so is in no way an endorsement of these sites. BayHawk does not monitor, edit or control such third-party sites and Services, including any adaptations or copies thereof. The Software is not sold responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to Youfollow links to such websites is at your sole risk. If you have any questions regarding a linked site, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and please direct them to the content accessed through the Software are the property administrator of the applicable content owner and may be protected by applicable copyright or other lawrelevant site. This Agreement gives You no rights BayHawk reserves the right to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will terminate any link at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warrantyany time. THE FOREGOING WARRANTY IS YOUR SOLE SITE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDED WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BAYHAWK, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDQUALITY, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIESNON- INFRINGEMENT, AIRCRAFT NAVIGATION, COMMUNICATION, MERCHANTABILITY OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR BAYHAWK FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SITE OR SERVICES CONTENT WILL SATISFY YOUR REQUIREMENTSALWAYS BE AVAILABLE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSACCESSIBLE, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART ENTIRE RISK ARISING OUT OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING USE OR PERFORMANCE OF THE PRICE CHARGED SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. BAYHAWK DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE PRODUCTSSITE OR THE CONTENT. Some jurisdictions do not allow certain disclaimers and limitations of warrantiesTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.BAYHAWK IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON
Appears in 1 contract
Samples: Terms of Use
Ownership. No title to or ownership RCA is the owner of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software SOFTWARE PRODUCT, related written materials, logos and Servicesnames, including any adaptations or copies thereofand all other related materials which accompany the SOFTWARE PRODUCT. The Software is not sold No title to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and the above-described software or materials is transferred to the content accessed through the Software are the property of the applicable content owner and may be protected you by applicable copyright or other lawthis Agreement. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor LIMITED WARRANTY RCA warrants that the Software SOFTWARE PRODUCT will perform substantially conform to its in accordance with the accompanying documentation. If You report the nonconformity to Licensor within ninety written materials for one (901) days year from the date of purchase, Licensor will at its sole discretion either resolve receipt of the nonconformity or refund the license fees You paid for the SoftwareSOFTWARE PRODUCT by you. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF RCA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY , INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS MERCHANTABILITY AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGEWITH REGARD TO THE SOFTWARE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR RCA DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR PARTICULAR REQUIREMENTS OR SERVICES THAT ITS OPERATION WILL SATISFY YOUR REQUIREMENTSBE ERROR FREE. IN NO EVENT SHALL RCA, ACCURATE OR MRMA BE COMPATIBLE WITH ALL OPERATING SYSTEMSLIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THAT THE OPERATION ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEPRODUCT, EVEN IF RCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART IN ANY CASE, RCA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT AND FORMED SHALL BE LIMITED TO THE BASIS FOR DETERMINING THE PRICE CHARGED AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTSSOFTWARE PRODUCT. THE LIMITATIONS AND EXCLUSIONS STATED HEREIN SHALL SURVIVE A BREACH OF THIS AGREEMENT. RCA is not responsible for any problems that may occur as a result of any incompatibility between the SOFTWARE PRODUCT and any other software or hardware. Some states/jurisdictions do not allow certain disclaimers and limitations the exclusion of implied warranties, so portions nor the exclusion or limitation of liability for consequential or incidental damages. THEREFORE, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF RECEIPT OF THE SOFTWARE PRODUCT. ADDITIONAL DISCLAIMERS The SOFTWARE PRODUCT is licensed to you solely as a tool for performing a root causes analysis. In no way shall RCA, Accurate, MRMA or any of their respective agents, employees, successors or assigns be liable for damages from the use of or reliance upon conclusions drawn from the use (proper, negligent or other use) of the above limitations SOFTWARE PRODUCT or the data entered or reports generated therefrom. Although the SOFTWARE PRODUCT includes introductory material regarding root cause analysis procedures, further education or guidance should be sought prior to reliance on the reports generated by the SOFTWARE PRODUCT or any conclusions you may draw from such reports or from the data you have input into the SOFTWARE PRODUCT to generate such reports. Root cause analysis, as contemplated by use of the SOFTWARE PRODUCT, is a procedure of analysis specific to the medical profession and should not apply be utilized in any context without proper medical consultation and supplementary education and consultation and in no event should be utilized outside the context of the medical profession. Furthermore, neither the reports generated by the SOFTWARE PRODUCT nor the conclusions you may draw from such reports should be used or relied upon other than with proper consultation with legal or risk management professionals. All risk arising out of any use of or reliance upon the reports generated by the SOFTWARE PRODUCT or any conclusions you may draw from such reports or the data you have input to You. This limited warranty gives You specific rights generate such reports is solely that of the licensee of the SOFTWARE PRODUCT and You may also have other rights which vary by state not of RCA, Accurate, MRMA or jurisdictiontheir respective agents, employees, successors or assigns.
Appears in 1 contract
Samples: Software License Agreement (Orion Healthcare Technology Inc)
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THEIR APPLICABLE WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Warranty and Liability Limited Warranty Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of thirty (9030) days from the date of purchase, Licensor will at its sole discretion either resolve delivery to you. This warranty extends only to the nonconformity or refund the license fees You paid party that purchases subscription services for the Software. Any unauthorized use Software from Licensor and/or its affiliates or modification to the Software voids this warrantyan authorized distributor. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED Consequential Losses NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. Direct Damages IN NO EVENT WILL LICENSOR'S (OR ITS AFFILIATES’) AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS YOU FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OUT OF WHICH SUCH CLAIM AROSE (OR THAT THE OPERATION OF $50 (U.S.) IF YOU RECEIVED THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEFREE OF CHARGE). THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTSThe above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. Some In those jurisdictions that do not allow certain disclaimers and limitations the exclusion or limitation of warrantiesdamages, so portions including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this Agreement or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the above limitations may not apply to Youmaximum extent allowed within those jurisdictions. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.General Terms
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the IronPDF Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightCopyright Title, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days from Your date Optional Support and Updates This license does not provide a Service Level Agreement, nor does it imply that XXXXXXX.XXX is responsible for successful deployment, maintenance nor business function of purchaseThe Software. Without purchasing optional Support & Updates coverage, Licensor warrants that the Software will substantially conform this license does not grant you any right to its accompanying documentationany product support or update. If You report the nonconformity Support & Updates Coverage can be added to Licensor within ninety (90) days from the date initial license purchases or as extensions at a later date. Options include yearly subscriptions or purchasing of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the 4 year Support & Updates Packs. Initial license fees You paid purchases provide a perpetual license for the Softwarecurrent version at purchase. Any unauthorized use or modification Product Updates coverage allow for update to the Software voids this warrantylatest version at any time while coverage is valid. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESSupport is provided by email in good faith directly by our product teams without an SLA. However, EXPRESS OR IMPLIEDwe aim to answer all emails within 2 working days, resolving issues that can be replicated in inline with product release scheduling. The foregoing warranty does not apply Initial license purchases provide a perpetual license for the current version at purchase. Product Updates coverage allows for update to Software provided free of chargethe latest version at any time while coverage is valid. SUCH Limitation Of Liability THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. XXXXXXX.XXX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSXXXXXXX.XXX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE SOFTWARE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INABILITY TO USE SOFTWARE, EVEN IF XXXXXXX.XXX HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the IronOCR Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days If a new release of the software is produced within 12 months from Your the date of purchasepurchase then you will be entitled to a free upgrade. This agreement may be extended by explicit purchase of additional lights. This license does not grant you any right to any enhancement or update beyond the initial 12 month period, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days commencing from the date of purchase. This license does not indicate a Service Level Agreement, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid nor does it imply that Iron Software is responsabile for the sucessful deployment, maintainance nor business function of The Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. IRON SOFTWARE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSIRON SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF IRON SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or ownership of Xxxxxx Xxxx and its suppliers own the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software Software's design and Services, including any adaptations or copies thereofcoding methodology. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable United States copyright or other lawlaws and international treaty provisions. This Agreement gives provides You only a limited use license, and no rights to such contentownership of any intellectual property. For ninety (90) days from Your date of purchase, Licensor warrants that the Software will substantially conform to its accompanying documentationWARRANTY DISCLAIMER; LIMITATION OF LIABILITY. If You report the nonconformity to Licensor within ninety (90) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the SoftwareINDIGO ROSE PROVIDES THE SOFTWARE "AS-IS" AND PROVIDED WITH ALL FAULTS. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING NEITHER INDIGO ROSE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY INDIGO ROSE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDTITLE, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ONNON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEINFRINGEMENT, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE FOREGOING EXCLUSIONS ENTIRE RISK OF SELECTION, INSTALLATION, AND DISCLAIMERS ARE USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED AGREEMENT. NO USE OF THE BASIS FOR DETERMINING SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PRICE CHARGED FOR THE PRODUCTSPERIOD REQUIRED BY APPLICABLE LAW. Some jurisdictions states do not allow certain disclaimers and limitations of warrantieson how long an implied warranty may last, so portions of the above limitations may not apply to You. This limited warranty gives You you specific rights rights, and You may also have other rights which vary from jurisdiction to jurisdiction. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL INDIGO ROSE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF INDIGO ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL INDIGO ROSE'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE. EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by state such countries, or jurisdictionto nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
Appears in 1 contract
Samples: Software License Agreement
Ownership. No title to or ownership ACCURATE is the owner of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software Product, related written materials, logos and Servicesnames, including any adaptations or copies thereofand all other related materials which accompany the software. The Software is not sold No title to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and the above-described software or materials is transferred to the content accessed through the Software are the property of the applicable content owner and may be protected you by applicable copyright or other lawthis Agreement. This Agreement gives You no rights to such content. For ninety (90) days from Your date of purchase, Licensor LIMITED WARRANTY ACCURATE warrants that the Software Product will perform substantially conform to its in accordance with the accompanying documentation. If You report the nonconformity to Licensor within ninety written materials for a period of one (901) days year from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification to receipt by you of the Software voids this warrantyProduct. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ACCURATE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY , INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS MERCHANTABILITY AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGEWITH REGARD TO THE SOFTWARE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR ACCURATE DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR PARTICULAR REQUIREMENTS OR SERVICES THAT ITS OPERATION WILL SATISFY YOUR REQUIREMENTSBE ERROR FREE. IN NO EVENT SHALL ACCURATE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BE COMPATIBLE WITH ALL OPERATING SYSTEMSWITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THAT THE OPERATION ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SOFTWARE USE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEINABILITY TO USE THIS PRODUCT, EVEN IF ACCURATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART IN ANY CASE, ACCURATE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT AND FORMED SHALL BE LIMITED TO THE BASIS FOR DETERMINING THE PRICE CHARGED AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTSSOFTWARE PRODUCT. THE LIMITATIONS AND EXCLUSIONS STATED HEREIN SHALL SURVIVE A BREACH OF THIS AGREEMENT. ACCURATE is not responsible for any problems that may occur as a result of any incompatibility between the Software Product and any other software or hardware. Some states/jurisdictions do not allow certain disclaimers and limitations the exclusion of implied warranties, so portions nor the exclusion or limitation of liability for consequential or incidental damages. THEREFORE, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE PRODUCT. RETURN APPROVAL NUMBER If, within thirty (30) days from the postmark date the Software Product is shipped, you desire to return the Software Product for a refund, you will need to obtain a RETURN APPROVAL NUMBER from ACCURATE. Software Product returned without a RETURN APPROVAL NUMBER written on the outside of the above limitations may return envelope will not apply be accepted for refund. Additionally, no refund of Software Product will be given to Youanyone who has been given the APPROVAL AUTHORIZATION for unlimited assessment of the Software Product. A $40 Restocking Fee will be charged on all returned software. The APPROVAL AUTHORIZATION for unlimited assessment access is for one (1) license agreement, and is limited to use on one (1) personal computer. Individual license agreements must be purchased for additional personal computers. Once APPROVAL AUTHORIZATION for unlimited assessment access is given and verified, no Return Approval will be available, and the thirty (30) day return for refund is null and void. TECHNICAL AND CLINICAL HELPLINE ACCURATE shall provide a nine-hour (8:00 a.m. to 5:00 p.m. CST), Monday through Friday, helpline staffed by experienced technical and clinical personnel. This limited warranty gives You specific rights service is designed to handle technical operations issues and You may also have other rights which vary by state or jurisdictionclinical questions. For NETWORK VERSIONS of the Software Products and for versions sold for stand alone PCs, the first year of helpline service shall be included as part of the purchase price of the Software Product. Subsequent helpline support can be purchased from ACCURATE in accordance with then-current pricing schedules.
Appears in 1 contract
Samples: Software License Agreement (Orion Healthcare Technology Inc)
Ownership. No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and ServicesSoftware, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement EULA gives You no rights to such content. For ninety (90) days from Your date SUSE Marks No right or license, express or implied, is granted under this EULA to use any SUSE Mark, trade name or service mark of purchaseLicensor or its affiliates or licensors otherwise than is necessary to use the Software as permitted by this EULA. Subscription Services and Support Licensor has no obligation to provide maintenance or support unless You purchase a subscription offering, pursuant to an additional contract with Licensor or its affiliates, which expressly includes such services. Warranty and Liability Limited Warranty Licensor warrants that the media that the Software is delivered on will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety be free from defects in materials and manufacture under normal use for a period of sixty (9060) days from the date of purchase, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification delivery to the Software voids this warrantyyou. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH WITH, AND MUST NOT BE USED FOR, ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Non-Licensor Products The Software may include or be bundled with hardware or other software programs or services licensed or sold by an entity other than Licensor. LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THEIR APPLICABLE WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTSAGREEMENT. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction. Limitation of Liability NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT OR OTHER THEORY OF LIABILITY, OR FOR ANY LOSS OF PROFITS, BUSINESS OR LOSS OR CORRUPTION OF DATA, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS XXXX (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU DID NOT PAY FOR THE SOFTWARE), IN THE 12 MONTHS PRECEDING THE FIRST CLAIM UNDER THIS XXXX. The above exclusions and limitations will not apply to claims relating to death or personal injury caused by the negligence of Licensor or its employees, agents or contractors. In those jurisdictions that do not allow the exclusion or limitation of damages, including, without limitation, damages for breach of any implied terms as to title or quiet enjoyment of any Software obtained pursuant to this XXXX or for fraudulent misrepresentation, Licensor's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Appears in 1 contract
Samples: End User License Agreement
Ownership. No title to or Iron Software LLC shall at all times retain ownership of the Iron WebScraper Software is transferred to YouLibrary and all subsequent copies. Licensor and/or its third party licensors retain all rightTitle, title ownership rights, and interest in and to all intellectual property rights in and to the Software and Services, including any adaptations or copies thereofshall remain with Iron Software LLC. The Software is not sold to You, You acquire only a conditional license to use protected by the Softwareinternational copyright laws. Title, ownership rights rights, and intellectual property rights in and to the content accessed through the Software are is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement License gives You you no rights to such content. For ninety (90) days If a new release of the software is produced within 12 months from Your the date of purchasepurchase then you will be entitled to a free upgrade. This agreement may be extended by explicit purchase of additional lights. This license does not grant you any right to any enhancement or update beyond the initial 12 month period, Licensor warrants that the Software will substantially conform to its accompanying documentation. If You report the nonconformity to Licensor within ninety (90) days commencing from the date of purchase. This license does not indicate a Service Level Agreement, Licensor will at its sole discretion either resolve the nonconformity or refund the license fees You paid nor does it imply that IRON SOFTWARE is responsabile for the sucessful deployment, maintainance nor business function of The Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. The foregoing warranty does not apply to Software provided free of charge. SUCH THIS SOFTWARE IS PROVIDED “"AS IS” ," WITHOUT ANY WARRANTIES A WARRANTY OF ANY KIND. THE SOFTWARE IS NOT DESIGNEDALL EXPRESS OR IMPLIED CONDITIONS, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCEREPRESENTATIONS AND WARRANTIES, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE OR NON-INFRINGEMENT NOR INFRINGEMENT, ARE THERE HEREBY EXCLUDED. IRON SOFTWARE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES CREATED DAMAGES SUFFERED BY COURSE LICENSEE AS A RESULT OF DEALINGUSING, COURSE OF PERFORMANCE MODIFYING OR TRADE USAGE. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT DISTRIBUTING THE SOFTWARE OR SERVICES ITS DERIVATIVES. IN NO EVENT WILL SATISFY YOUR REQUIREMENTSIRON SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, BE COMPATIBLE WITH ALL OPERATING SYSTEMSPROFIT OR DATA, OR THAT THE OPERATION FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF IRON SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HAS BEEN ADVISED OF THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART POSSIBILITY OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdictionSUCH DAMAGES.
Appears in 1 contract
Samples: End User License Agreement