Common use of Representations and Warranties Disclaimer Clause in Contracts

Representations and Warranties Disclaimer. THIS AGREEMENT IS A SERVICE AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHERWISE OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER 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 OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES AND AGREES THAT PAYMENT OF ANY EARLYTERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN THIS AGREE- MENT SHALL NOT BE PROHIBITED BY THIS 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 IS A 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 AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR PROVIDERS MAKE NO WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, MADE TO YOU STATUTORY, OR ANY OTHER PERSONARISING BY COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING QUALITY, SUITABILITY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OR OTHERWISE OF ANY SERVICES TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY GOODS PROVIDED INCIDENTAL TO THE RELATED PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENTTO YOU HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY SERVICES OR ANY GOODS PROVIDED 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 THIRD PARTYREPLACEMENT FOR YOUR MEDICAL JUDGMENT. 18.2. Persons Liable Exclusions. IN NO EVENT SHALL EITHER PARTYYOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF AS BETWEEN THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR WHETHER OTHER SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY PARTY OR ANY ENTITY HAS BEEN ADVISED AND ALL USE OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS NOT SPECIFIED IN THE SOFTWARE AND AGREES THAT PAYMENT OF ANY EARLYTERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN THIS AGREE- MENT SHALL NOT BE PROHIBITED SUPPLIED BY THIS PARAGRAPHXXXXXX.

Representations and Warranties Disclaimer. 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, Stryker’s sole and exclusive responsibility, and your sole and exclusive remedy, is for 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 IS A 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, STRYKER, ITS AFFILIATES, ITS LICENSORS AND ITS SERVICE AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR PROVIDERS MAKE NO WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, MADE TO YOU STATUTORY, OR ANY OTHER PERSONARISING BY COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING QUALITY, SUITABILITY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OR OTHERWISE OF ANY SERVICES TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY GOODS PROVIDED INCIDENTAL TO THE RELATED PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENTTO YOU HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY SERVICES OR ANY GOODS PROVIDED 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 THIRD PARTYREPLACEMENT FOR YOUR MEDICAL JUDGMENT. 18.2. Persons Liable Exclusions. IN NO EVENT SHALL EITHER PARTYYOU ACKNOWLEDGE AND AGREE THAT STRYKER AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF AS BETWEEN THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR WHETHER OTHER SERVICES PROVIDED TO YOUR PATIENTS. STRYKER FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY PARTY OR ANY ENTITY HAS BEEN ADVISED AND ALL USE OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT IS NOT SPECIFIED IN THE SOFTWARE AND AGREES THAT PAYMENT OF ANY EARLYTERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN THIS AGREE- MENT SHALL NOT BE PROHIBITED SUPPLIED BY THIS PARAGRAPHSTRYKER.

Representations and Warranties Disclaimer. THIS AGREEMENT IS A SERVICE AGREEMENT. WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHERWISE OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER 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 OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES AND AGREES THAT PAYMENT OF ANY EARLYTERMINATION EARLY TERMINATION FEE OR LIQUIDATED DAMAGES AS PROVIDED ELSEWHERE IN THIS AGREE- MENT SHALL NOT BE PROHIBITED BY THIS PARAGRAPH.