SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE WARRANTIES SET OUT IN SECTION 9.1 AND 10.1 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, CINAX DOES NOT WARRANT THAT THE PRODUCT SHALL MEET THE REQUIREMENT OF DIGITAL LAVA OR THAT THE OPERATION OF PRODUCT SHALL BE FREE FROM INTERRUPTION OR ERRORS.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, EACH PARTY MAKES TO THE OTHER NO WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW OR CUSTOM.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. EXCEPT AS TO TITLE AND AS OTHERWISE SET OUT IN THIS AGREEMENT, THE WARRANTY SET OUT IN SECTION 7(a) IS IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NOT OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW OR CUSTOM, REGARDING THE PRODUCT OR ANY OTHER MATERIALS OR SERVICES TO BE SUPPLIED HEREUNDER BY THE MANUFACTURER, INCLUDING, BUT NOT LIMITED TO WARRANTIES, REPRESENTATIONS, AND GUARANTEES AS TO THE MERCHANTABILITY, FITNESS FOR PURPOSE, DESIGN, CONDITION, OR QUALITY OF PRODUCT AND SUCH OTHER MATERIALS AND SERVICES.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE SERVICES ARE PROVIDED "AS IS, WHERE IS" OTHER THAN AS SET OUT IN SECTION 5. INTIME DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY IS LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITS RESULTING FROM THE SERVICES (OR ANY THIRD PARTY GOODS OR SERVICES) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If either party is liable to the other in no event will the total aggregate liability of a party to the other exceed the fees paid by the Customer to InTime in the 90 day period preceding the date of a claim.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE SERVICES ARE PROVIDED "AS IS, WHERE IS". OTHER THAN AS SET OUT SPECIFICALLY AS A WARRANTY IN THIS SECTION 3. EPROVAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY IS LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITS RESULTING FROM THE SERVICES (OR ANY THIRD PARTY GOODS OR SERVICES) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF EITHER PARTY IS LIABLE TO THE OTHER IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF A PARTY TO THE OTHER EXCEED THE FEES PAID BY THE CUSTOMER TO EAI IN THE 90 DAY PERIOD PRECEDING THE DATE OF A CLAIM.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE WARRANTIES SET OUT IN SECTION 6.1, AND 8.1 ARE IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY IN RELATION TO THE SOFTWARE.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. THE WARRANTIES SET OUT IN SECTIONS 5, 6 AND 7 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, XXXXXXXX DOES NOT WARRANT THAT THE OPERATION OF THE INTELLECTUAL PROPERTY SHALL BE FREE OF ERRORS. XXXXXXXX WARRANTS THAT THE INTELLECTUAL PROPERTY BEING PROVIDED IS:
A) IDENTICAL TO THE INTELLECTUAL PROPERTY CURRENTLY BEING UTILIZED BY XXXXXXXX’X RESEARCH AND DEVELOPMENT LABORATORY B) INCLUDES ALL THE UPGRADES AND NEW DEVELOPMENT SINCE THE FILING OF THE PATENT PENDING.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. There are no other warranties, representations, conditions, or guarantees of any kind whatsoever, either express or implied by law (in contract or tort) or custom, including, but not limited to those regarding merchantability, fitness for purpose, correspondence to sample, title, design, condition, or quality in relation to third party software. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE LICENSOR MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE GATEWAY FOR ANY PURPOSE, AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE GATEWAY WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THE GATEWAY IS PROVIDED “AS IS”.
SPECIFIC EXCLUSION OF OTHER WARRANTIES. EXCEPT AS SET OUT IN SECTIONS 5.1 AND 6.1, THE LICENSED SOFTWARE IS PROVIDED “AS-IS” AND SUCH REPRESENTATIONS AND WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY, NOR ARE ANY WARRANTIES GRANTED BY HCOR’S LICENSORS. WITHOUT LIMITING THE ABOVE, HCOR AND IT’S LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE SHALL BE FREE FROM INTERRUPTION OR ERRORS WHICH DO NOT ADVERSELY IMPACT THE PRODUCT’S WRITTEN WARRANTED FUNCTIONALITY.
