Common use of Representations and Warranties Disclaimer Clause in Contracts

Representations and Warranties Disclaimer. Xxxxxx represents and warrants that the Software will, for a period of sixty (60) days following delivery of the Software, conform and function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x sole and exclusive responsibility, and your sole and exclusive remedy, is for Xxxxxx to correct or replace, at no additional charge to you, any functionality of the Software found to be defective. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER, OR ANY REPRESENTATIONS OR WARRANTIES THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ANY MEASUREMENTS OR INFORMATION GENERATED BY THE SOFTWARE WILL BE ACCURATE, AND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY AND ALL USE OF THE SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BY XXXXXX.

Representations and Warranties Disclaimer. Xxxxxx represents and warrants that the Software willTHIS AGREEMENT IS A SERVICE AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, for a period of sixty (60) days following delivery of the SoftwareEXPRESS OR IMPLIED, conform and function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x sole and exclusive responsibility, and your sole and exclusive remedy, is for Xxxxxx to correct or replace, at no additional charge to you, any functionality of the Software found to be defective. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED MADE TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY COURSE OF DEALINGOTHER PERSON, INCLUDING IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OTHERWISE OF ANY SERVICES OR ANY RELATED PRODUCTS AND GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED TO YOU HEREUNDERUNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY SERVICES OR ANY GOODS PROVIDED BY A THIRD PARTY. 18.2. Persons Liable Exclusions. IN NO EVENT SHALL EITHER PARTY, OR THEIR AFFILIATES OR ANY REPRESENTATIONS OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR WARRANTIES THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR THAT THE OPERATION OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ANY MEASUREMENTS OR INFORMATION GENERATED WHICH IS HEREBY EXCLUDED BY THE SOFTWARE WILL BE ACCURATE, AND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN AGREEMENT OF THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO WHETHER ANY AND ALL USE PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES AND AGREES THAT PAYMENT OF ANY EARLYTERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS THIS AGREE- MENT SHALL NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BE PROHIBITED BY XXXXXXTHIS PARAGRAPH.

Representations and Warranties Disclaimer. Xxxxxx represents and warrants that the Software will, for a period of sixty (60) days following delivery of the Software, conform and function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x sole and exclusive responsibility, and your sole and exclusive remedy, is for Xxxxxx to correct or replace, at no additional charge to you, any functionality of the Software found to be defective. THE SOFTWARE IS BEING PROVIDED BY XXXXXX FOR THE PURPOSE OF SOFTWARE PROTOTYPING AND DEVELOPMENT BY XXXXXX INCLUDING OBTAINING USER INTERFACE FEEDBACK AND ERGONOMIC FEEDBACK. THE SOFTWARE IS NOT APPROVED OR CLEARED FOR USE IN THE CLINICAL SETTING AND MAY NOT BE USED FOR IMPLANTATION PURPOSES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER, OR ANY REPRESENTATIONS OR WARRANTIES THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ANY MEASUREMENTS OR INFORMATION GENERATED BY THE SOFTWARE WILL BE ACCURATE, AND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY AND ALL USE OF THE SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BY XXXXXX.

Representations and Warranties Disclaimer. Xxxxxx Stryker represents and warrants that the Software will, for a period of sixty (60) days following delivery of the Software, conform and function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x Stryker’s sole and exclusive responsibility, and your sole and exclusive remedy, is for Xxxxxx Stryker to correct or replace, at no additional charge to you, any functionality of the Software found to be defective. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXXSTRYKER, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER, OR ANY REPRESENTATIONS OR WARRANTIES THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ANY MEASUREMENTS OR INFORMATION GENERATED BY THE SOFTWARE WILL BE ACCURATE, AND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX STRYKER AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX STRYKER FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY AND ALL USE OF THE SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BY XXXXXXSTRYKER.

Representations and Warranties Disclaimer. Xxxxxx represents and warrants that the Software willTHIS AGREEMENT IS A SERVICE AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, for a period of sixty (60) days following delivery of the SoftwareEXPRESS OR IMPLIED, conform and function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x sole and exclusive responsibility, and your sole and exclusive remedy, is for Xxxxxx to correct or replace, at no additional charge to you, any functionality of the Software found to be defective. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED MADE TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY COURSE OF DEALINGOTHER PERSON, INCLUDING IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OTHERWISE OF ANY SERVICES OR ANY RELATED PRODUCTS AND GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED TO YOU HEREUNDERUNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY SERVICES OR ANY GOODS PROVIDED BY A THIRD PARTY. 18.2. Persons Liable Exclusions. IN NO EVENT SHALL EITHER PARTY, OR THEIR AFFILIATES OR ANY REPRESENTATIONS OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR WARRANTIES THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR THAT THE OPERATION OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ANY MEASUREMENTS OR INFORMATION GENERATED WHICH IS HEREBY EXCLUDED BY THE SOFTWARE WILL BE ACCURATE, AND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN AGREEMENT OF THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO WHETHER ANY AND ALL USE PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES AND AGREES THAT PAYMENT OF ANY EARLY TERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS THIS AGREE- MENT SHALL NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BE PROHIBITED BY XXXXXXTHIS PARAGRAPH.