Waiver of Warranties. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. CONSEQUENTLY, USERS AGREE THAT THE PLATFORM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION OF THE PLATFORM, CORRESPONDINGLY, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF USE OF THE PLATFORM BY USERS) TO SUSPEND OR END THE OPERATION OF THE PLATFORM AND/OR ACCESS TO ANY PART THEREOF FOR ALL OR ANY USERS AT ANY TIME. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, SAFETY, FREEDOM FROM VIRUSES, ERRORS, LAWFULNESS AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AND SERVICES PROVIDED BY THE COMPANY, ITS PARTNERS OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTS.
Appears in 6 contracts
Samples: Terms of Use, Terms of Use, Terms of Use
Waiver of Warranties. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. CONSEQUENTLYASSIGNEE HEREBY WAIVES, USERS AGREE THAT THE PLATFORM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES RELEASES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION RENOUNCES, ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE PLATFORMASSIGNOR OTHER THAN THE WARRANTY OF TITLE CONTAINED IN THE WARRANTY XXXX OF SALE ISSUED OF EVEN DATE HEREWITH BY THE ASSIGNOR TO THE ASSISGNEE, CORRESPONDINGLYAND ASSIGNEE FURTHER WAIVES AND RELEASES ALL OTHER RIGHTS, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS CLAIMS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM REMEDIES OF USE OF THE PLATFORM ASSIGNEE AGAINST ASSIGNOR EXPRESS OR IMPLIED, ARISING BY USERS) TO SUSPEND LAW OR END THE OPERATION OF THE PLATFORM AND/OR ACCESS OTHERWISE, WITH RESPECT TO ANY PART THEREOF FOR ALL NON-CONFORMANCE OR DEFECT OR FAILURE OR ANY USERS AT OTHER REASON IN ANY TIME. TO AIRCRAFT OR OTHER THING DELIVERED UNDER THE EXTENT PERMITTED BY APPLICABLE LAWPURCHASE AGREEMENT, THE COMPANY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, SAFETY, FREEDOM FROM VIRUSES, ERRORS, LAWFULNESS AND/OR RELIABILITY OF INFORMATION, INCLUDING DATA, MATERIALSDOCUMENT, AND SERVICES PROVIDED BY INFORMATION OR SERVICE, INCLUDING BUT NOT LIMITED TO:
a. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS;
b. ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;
c. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE COMPANY, ITS PARTNERS NEGLIGENCE OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS RELATED CAUSES OF ASSIGNOR, WHETHER ACTIVE, PASSIVE OR IMPUTED; AND
d. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO ANY AIRCRAFT OR FOR ANY OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/DIRECT, INCIDENTAL OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTSCONSEQUENTIAL DAMAGES.
Appears in 3 contracts
Samples: Aircraft Purchase Agreement (Republic Airways Holdings Inc), Aircraft Purchase Agreement (Republic Airways Holdings Inc), Aircraft Purchase Agreement (Republic Airways Holdings Inc)
Waiver of Warranties. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. CONSEQUENTLY, USERS NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PLATFORM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION OF THE PLATFORM, CORRESPONDINGLY, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF USE OF THE PLATFORM BY USERS) LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SUSPEND OR END THE OPERATION OF THE PLATFORM AND/OR ACCESS TO ANY PART THEREOF FOR ALL OR ANY USERS AT ANY TIMESATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WAIVES LICENSED APPLICATION AND ANY EXPRESS SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PIXEL PRESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TIMELINESSOF QUIET ENJOYMENT, SAFETYAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PIXEL PRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, FREEDOM FROM VIRUSESTHAT THE FUNCTIONS CONTAINED IN, ERRORSOR SERVICES PERFORMED OR PROVIDED BY, LAWFULNESS THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PIXEL PRESS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU OR THE LIABILITY OF PIXEL PRESS SHALL ONLY BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SOFTWARE MAY CONTAIN OR USE FREE AND/OR RELIABILITY OF INFORMATION, DATA, OPEN SOURCE MATERIALS, INCLUDING WITHOUT LIMITATION SOFTWARE SUBJECT TO OPEN SOURCE LICENSING, COPYLEFT LICENSING, GNU GENERAL PUBLIC LICENSE, CREATIVE COMMONS, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSES. PIXEL PRESS MAKES NO REPRESENTATION OR WARRANTIES, AND SERVICES PROVIDED BY SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE COMPANY, ITS PARTNERS OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTSSOFTWARE.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Waiver of Warranties. SUBJECT TO THE PLATFORM IS PROVIDED ON AN "TERMS OF PARAGRAPH 11 AND 13 CONTAINED HEREIN, AND EXCEPT FOR THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, LESSOR SHALL IN NO EVENT BE LIABLE TO LESSEE OR ANY OTHER PERSON, FIRM, OR ENTITY IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT CONSEQUENTIAL, SPECIAL INCIDENTAL, ACTUAL, PUNITIVE OR FOR ANY OTHER DAMAGES OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, ACCIDENTS, ERROR, OMISSIONS, INTERRUPTIONS, TERMINATION OR DEFECTS IN TRANSMISSION, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF LESSOR PURSUANT TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, LESSOR MAKES NO WARRANTY WHETHER EXPRESSED, IMPLIED, OR STATUTORY, AS IS" BASISTO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSES, ALL OF WHICH WARRANTIES BY LESSOR ARE HEREBY EXCLUDED OR DISCLAIMED. CONSEQUENTLY, USERS AGREE THAT THE PLATFORM THIS PROVISION MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION OF THE PLATFORM, CORRESPONDINGLY, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF USE OF THE PLATFORM BY USERS) TO SUSPEND OR END THE OPERATION OF THE PLATFORM AND/OR ACCESS TO ANY PART THEREOF FOR ALL OR ANY USERS AT ANY TIME. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, SAFETY, FREEDOM FROM VIRUSES, ERRORS, LAWFULNESS AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AND SERVICES PROVIDED WAIVED EXCEPT BY THE COMPANYPRIOR WRITTEN CONSENT OF XXXX XXXXXX, ITS PARTNERS OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTSPRESIDENT, FIVE STAR TELECOM, INC.
Appears in 2 contracts
Samples: Switch Port Lease and Service Agreement (Globaltel Resources Inc), Switch Port Lease and Service Agreement (Communications Systems International Inc)
Waiver of Warranties. THE PLATFORM IS SYSTEMS LISTED IN SCHEDULE 9.1 (‘THE SYSTEMS”) ARE PROVIDED TO LIBERTY ON AN "AS “AS-IS" ” AND “AS-AVAILABLE,” BASIS, WITHOUT WARRANTIES OF ANY KIND. CONSEQUENTLYCUSTOMER DOES NOT MAKE, USERS AGREE AND NEITHER LIBERTY NOR ANY THIRD PARTY HEREBY RECEIVES, ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER MAKES NO WARRANTY THAT THE PLATFORM MAY NOT SYSTEMS AND ANY ASSOCIATED SERVICES PROVIDED UNDER THE INSURANCE ADMINISTRATIVE AGREEMENT, AS AMENDED, SHALL MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION OF THE PLATFORMLIBERTY’S REQUIREMENTS, CORRESPONDINGLY, USERS AGREE OR THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF SYSTEMS SHALL OPERATE ERROR FREE OR THAT USE OF THE PLATFORM BY USERS) SYSTEMS SHALL BE UNINTERRUPTED, OR THAT THE SYSTEMS, ASSOCIATED SERVICES, OR ANY ELEMENTS THEREOF WILL PERFORM IN THE MANNER DESCRIBED OR EXPECTED, OR THAT ANY REVENUE OR PROFIT TO SUSPEND OR END LIBERTY WILL RESULT FROM THE OPERATION USE OF THE PLATFORM AND/OR ACCESS TO ANY PART THEREOF FOR ALL SYSTEMS OR ANY USERS AT ASSOCIATED SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CUSTOMER OR ANY TIMEOF ITS AGENTS SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CUSTOMER’S OBLIGATIONS HEREUNDER. LIBERTY AGREES AND ACKNOWLEDGES THAT THE SYSTEMS AND ASSOCIATED SERVICES ARE NOT INTENDED TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, SAFETY, FREEDOM FROM VIRUSES, ERRORS, LAWFULNESS AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, REPLACE LIBERTY’S PROFESSIONAL SKILL AND SERVICES PROVIDED BY THE COMPANY, ITS PARTNERS OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTSJUDGMENT.
Appears in 1 contract
Samples: Insurance Administrative Services Agreement (Merrill Lynch Life Insurance Co)
Waiver of Warranties. NOTWITHSTANDING ANYTHING SET FORTH HEREIN AND IN THE PLATFORM IS PROVIDED SALE AGREEMENT, THE SELLER HEREBY DISCLAIMS, AND THE PURCHASER WAIVES AND RELEASES THE SELLER OF, THE WARRANTY AGAINST LATENT AND HIDDEN DEFECTS IMPOSED UPON SELLERS OF REAL PROPERTY PURSUANT TO ARTICLE ONE THOUSAND THREE HUNDRED AND SIXTY-THREE (TWO) (1,363(2)) OF THE CIVIL CODE OF PUERTO RICO. THE PURCHASER DECLARES AND ACKNOWLEDGES THAT IT HAS AGREED TO THE WAIVER OF THE WARRANTY AGAINST LATENT AND HIDDEN DEFECTS SET FORTH IN THE PRECEDING SENTENCE WITH FULL AND COMPLETE KNOWLEDGE OF THE RISKS AND LEGAL CONSEQUENCES WHICH SUCH WAIVER ENTAILS. THE PURCHASER HEREBY ACCEPTS TITLE TO THE GROUPED PARCEL SUBJECT TO THE FACTS, CIRCUMSTANCES, DEFECTS AND PROBLEMS WHICH EXIST AT THIS TIME AND AS OF THE DATE OF THE AGREEMENT ON AN "AS “AS-IS" BASIS. CONSEQUENTLY, USERS AGREE WHERE-IS” BASIS AND THE PURCHASER DECLARES, AGREES AND ACCEPTS THAT THE PLATFORM MAY IT IS NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION RELYING ON ANY REPRESENTATION OR WARRANTIES OF THE PLATFORM, CORRESPONDINGLY, USERS AGREE THAT SELLER OR ANY OTHER PERSON AS TO THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF USE STATE OF THE PLATFORM BY USERS) TO SUSPEND OR END GROUPED PARCEL, OTHER THAN AS SET FORTH HEREIN AND IN THE OPERATION OF THE PLATFORM AND/OR ACCESS TO ANY PART THEREOF FOR ALL OR ANY USERS AT ANY TIMESALE AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WAIVES ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, SAFETY, FREEDOM FROM VIRUSES, ERRORS, LAWFULNESS AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AND SERVICES PROVIDED BY THE COMPANY, ITS PARTNERS OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTS.------------------------------------------
Appears in 1 contract
Waiver of Warranties. Except for the representations and warranties set forth in this Agreement, Purchaser acknowledges that the Assets and Assumed Liabilities are being sold and accepted on an “AS-IS-WHERE-IS” basis, and are being accepted without any representation or warranty. As part of Purchaser’s agreement to purchase and accept the Assets and Assumed Liabilities AS-IS-WHERE-IS, and not as a limitation on such agreement, TO THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. CONSEQUENTLYFULLEST EXTENT PERMITTED BY LAW, USERS AGREE THAT SELLER HEREBY DISCLAIMS AND PURCHASER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES AND RELEASES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS PURCHASER MIGHT HAVE AGAINST SELLER OR ANY PERSON DIRECTLY OR INDIRECTLY CONTROLLING SELLER REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE PLATFORM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES ASSETS AND EXPECTATIONS. ASSUMED LIABILITIES INCLUDING THE COMPANY MAKES EVERY COMMERCIALLY REASONABLE EFFORT TO ENSURE THE UNINTERRUPTED OPERATION OF THE PLATFORM, CORRESPONDINGLY, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS A MATERIAL TERM OF USE OF THE PLATFORM BY USERS) TO SUSPEND OR END THE OPERATION OF THE PLATFORM LOANS AND/OR ACCESS TO ANY PART THEREOF FOR ALL OR ANY USERS AT ANY TIMETHE COLLATERAL THEREFOR EXCEPT THOSE SET FORTH IN THIS AGREEMENT. SUCH WAIVER AND RELEASE IS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN EVERY WAY. SUCH WAIVER AND RELEASE INCLUDES TO THE COMPANY WAIVES ANY FULLEST EXTENT PERMITTED BY LAW, A WAIVER AND RELEASE OF EXPRESS OR WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF ACCURACYFITNESS FOR A PARTICULAR USE, TIMELINESSWARRANTIES OF MERCHANTABILITY, SAFETYWARRANTIES OF HABITABILITY, FREEDOM FROM VIRUSESSTRICT LIABILITY RIGHTS AND CLAIMS OF EVERY KIND AND TYPE (EXCEPT THOSE CLAIMS WITH RESPECT TO OR ARISING OUT OF THIS AGREEMENT), ERRORSINCLUDING CLAIMS REGARDING DEFECTS THAT WERE NOT OR ARE NOT DISCOVERABLE, LAWFULNESS AND/ALL OTHER EXTANT OR RELIABILITY LATER CREATED OR CONCEIVED OF INFORMATION, DATA, MATERIALS, STRICT LIABILITY OR STRICT LIABILITY TYPE CLAIMS AND SERVICES PROVIDED BY THE COMPANY, ITS PARTNERS OR OTHER USERSRIGHTS. THE COMPANY DOES NOT WARRANT THAT USERS' COMPUTERS OR OTHER DEVICES ARE SUFFICIENTLY POWERFUL TO USE THE PLATFORM. USERS ARE ADVISED TO CHECK THE REQUIREMENTS FOR COMPUTER SYSTEMS FOR EACH GAME AND/OR SERVICE AND DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS SUCH REQUIREMENTS.ARTICLE 12
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Amerant Bancorp Inc.)