Warranties and Limitation of Liabilities. 7.1 Provided it complies with the provisions of Article 1, 2 and 3 above, no PARTY shall be liable towards the other PARTY in the case that the WORK cannot be successfully completed.
7.2 The sole obligation of each PARTY with respect to its INFORMATION and RESULTS shall be to forward same to the other PARTY as provided in this Agreement and, to correct errors that might have occurred in this INFORMATION and RESULTS without undue delay after such errors become known to the PARTY which forwarded the relevant INFORMATION or RESULTS. The warranties set forth in this Article 7.2 apply to all INFORMATION and RESULTS licensed or knowingly disclosed hereunder and are in lieu of all warranties expressed or implied including without limitation the warranties that INFORMATION and RESULTS can be used without infringing statutory and other rights of third PARTIES.
7.3 Any liability of a PARTY with respect to death or injury to any person is subject to and governed by the provisions of the applicable law. Neither PARTY is, however, obliged to compensate for death or personal injury or loss of or damage to property of the other PARTY to the extent such death, injury, loss or damage is covered by insurance(s) of the affected PARTY and such affected PARTY shall not be entitled to recover same from the first PARTY.
7.4 Neither PARTY shall be liable for any indirect or consequential damages of the other PARTY, including loss of profit or interest, under any legal cause whatsoever and on account of whatsoever reason, except where such liability is mandatory by applicable law.
7.5 Nothing in this Agreement shall obligate either PARTY to apply for, take out, maintain or acquire any statutory protection, in any country.
7.6 All rights granted in INFORMATION, RESULTS and under BACKGROUND PATENTS are granted insofar only as the PARTY granting same has the right to grant without payment to third PARTIES.
7.7 The provisions of Sections 7.1 through 7.6 shall survive any termination of this Agreement. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Warranties and Limitation of Liabilities. 7.1 Provided it complies with its development obligations pursuant to Section 2, no party shall be liable towards the other party in the case that the DEVELOPMENT WORK cannot be successfully completed.
7.2 The sole obligation of each party with respect to its INFORMATION and DEVELOPMENT RESULTS shall be to forward same to the other party as provided in this Agreement, and, to correct errors that might have occurred in this INFORMATION and DEVELOPMENT RESULTS without undue delay after such errors become known to the party which forwarded the relevant INFORMATION or DEVELOPMENT RESULTS.
7.3 THE WARRANTIES SET FORTH IN THIS SECTION 7 APPLY TO ALL INFORMATION AND DEVELOPMENT RESULTS LICENSED OR KNOWINGLY DISCLOSED HEREUNDER AND ARE IN LIEU OF ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT INFORMATION AND DEVELOPMENT RESULTS CAN BE USED WITHOUT INFRINGING STATUTORY AND OTHER RIGHTS OF THIRD PARTIES.
7.4 Warranties and liabilities regarding the delivery of the components of each party shall be governed by the contracts between each such party and the respective customer.
7.5 Should a customer forward a warranty or any liability claim - including product liability claims - to either party then such party shall be responsible for such claims only to the extent such claims relate to the components such party has delivered to the customer. Each party shall indemnify and hold the other party harmless from any claim, costs, expenses, and damages resulting from such claims if the claims relate to components delivered by the respective other party, provided however that the one party
a) notifies the other party of such claim, dispute or proceeding without undue delay, b) does not admit liability on the claims, c) provides the other party with the sole authority -- as far as legally possible -- to defend and settle such claim, dispute, or proceeding with counsel of its choice (the other party may participate at its costs with counsel of its choice), and d) cooperates as reasonably requested by the other party.
7.6 Each party shall secure and maintain, for the useful life of the components delivered by it, a product liability insurance policy full coverage for product liability exposure (including negligence and strict liability) to third parties anywhere in the world for any defects whatsoever (such as design-, manufacture-, instruction defects) resulting from defects in the components supplied hereunder in the minimum of US [***]. At ...
Warranties and Limitation of Liabilities. PBI warrants that the software provided will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship. However, PBI cannot warrant the software from failure which is the result of accident, abuse or misapplication. PBI will replace defective media or documentation free of charge provided Licensee returns such items to PBI within 90 (ninety) days of the date of delivery. If PBI is unable to replace defective media or documentation within 90 (ninety) days following the receipt of returned materials, PBI will refund the license fee and this Agreement will terminate without further remedy. PBI provides this software on an "as is" basis and disclaims all other warranties, to the extent permitted by applicable law, both express and implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In no event shall PBI be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of this product. If Licensee is ever faced with a claim as a result of using any of the licensed tradenames or marks of PBI, PBI will indemnify and hold harmless Licensee for any such claim.
Warranties and Limitation of Liabilities. 10.1 No Party shall be liable to the other Party under this Agreement except for liability associated with Articles 4, 5, 6, 7 and 9.
10.2 The sole obligation of each Party with respect to its commercial and technical information, including the results of the Projects of Section 3.4, shall be to provide same to the other Party as provided in this Agreement, and to correct errors that might have occurred in said information without undue delay after such errors are made known to the Party which forwarded said information.
10.3 Nothing in this Agreement shall obligate either Party to apply for, maintain or acquire any patent protection, in any country.
Warranties and Limitation of Liabilities. DEVELOPMENT RESULTS, INFORMATION AND RIGHTS THEREUNDER 9. TERM AND TERMINATION 10. ARBITRATION
Warranties and Limitation of Liabilities. Owner shall not have any liability or responsibility for errors or omissions in, or any business decisions made by Recipient in reliance on, any Confidential Information disclosed under this Agreement. Recipient assumes all risk, known or unknown, incident to its use of Confidential Information, and Owner shall have no liability of any kind to Recipient or any third party arising out of such use. Under no circumstances shall either Party be liable to the other Party for lost or anticipated profits, consequential, incidental, special, punitive, or any other type of indirect damages arising from or related to this Agreement, except to the extent that such damages arise in connection with the intentional, willful, or reckless disclosure of Confidential Information. OWNER DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NONINFRINGEMENT OF THE RIGHTS OF THIRD PARTIES (INCLUDING WITHOUT LIMITATION, RIGHTS UNDER PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS). RECIPIENT ACCEPTS THE CONFIDENTIAL INFORMATION IN "AS-IS" CONDITION.
Warranties and Limitation of Liabilities. 9.1 The Disclosing Party warrants that it has the right to transmit or otherwise disclose to the Receiving Party information disclosed by the Disclosing Party hereunder.
9.2 Information disclosed hereunder shall be provided on an “as is” basis. Each party makes no other warranties, express or implied, with respect to information delivered hereunder.
9.3 UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOST OR ANTICIPATED PROFITS, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER TYPE OF INDIRECT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARISE IN CONNECTION WITH THE INTENTIONAL, WILLFUL, OR RECKLESS DISCLOSURE OF PROPRIETARY INFORMATION, IN WHICH CASE A PARTY’S TOTAL LIABILITY FOR SUCH INTENTIONAL, WILLFUL, OR RECKLESS DISCLOSURE SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000).
Warranties and Limitation of Liabilities. 8.1 Nothing in these Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ( ACL ) (or any liability under them) which by law may not be limited or excluded.
8.2 If you are a "consumer" under the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ( Consumer Guarantees ). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
8.3 Your goods may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. However, you should check the manufacturer's warranty carefully as many manufacturers' warranties will not apply in a business or commercial setting.
8.4 Subject to this clause 8, and to the extent permitted by law:
8.4.1 all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions are excluded;
8.4.2 we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill or loss of data arising out of or in connection with the goods or these Conditions (including as a result of not being able to use the goods or the late supply of goods), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
8.4.3 our total liability arising out of or in connection with the goods or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of the goods.
8.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at...
Warranties and Limitation of Liabilities. Artera warrants that the Service, when used as directed, will substantially achieve the functionality described in the Documentation. Artera warrants that any Software media provided to you will be free from defects for 90 days from date of receipt. ARTERA DOES NOT, HOWEVER, WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR SECURE. ARTERA'S SOLE LIABILITY FOR BREACH OF THESE WARRANTIES IS A COMMERCIALLY REASONABLE EFFORT, IN ARTERA'S DISCRETION, TO REINSTATE THE FUNCTIONALITY OF THE SERVICE, TO REPLACE DEFECTIVE SOFTWARE OR SOFTWARE MEDIA, TO ADVISE HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY THROUGH A PROCEDURE DIFFERENT FROM THAT IN THE DOCUMENTATION OR, IF THESE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE AND TERMINATE THE SUBSCRIPTION AGREEMENT. If you use the Service in an unauthorized fashion, if you modify the Software, if the Software media is subjected to accident, abuse or improper use, or if you violate these Terms of Service or the Subscription Agreement, this warranty is void. This warranty shall not apply if the Service is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which it was designed to be used. To make a claim under this warranty, send a written description of the claim to Artera's office as shown in the heading of these Terms of Service (Attention: Warranty Service Department). If the claim relates to defective Software, send Artera the defective Software media as well (including any copies made and all Documentation accompanying the Software). You assume the risk of loss in transit for any Materials shipped to Artera. If Artera confirms the defect or warranty claim, Artera will provide you with one of the remedies set forth above. For questions on warranty claims, call Artera at 000-000-0000. THIS IS A LIMITED WARRANTY. IT IS THE ONLY WARRANTY MADE BY ARTERA, AND ARTERA MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE OR THE MATERIALS. NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA IS AUTHORIZED TO MODIFY THIS WARRANTY AND NO LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA SHALL HAVE ANY LIABILITY TO YOU FOR THE FUNCTIONALITY OR PERFORMANCE OF THE SERVICE OR THE SOFTWARE OR FOR ANY WARRANTIES OR BREACHES UNDER THE SUBSCRIPTION AGREEMENT OR THESE TERMS OF SERVICE. IN NO EVENT SHALL ARTERA OR ANY LICENSEE, AGENT, DISTRIBUTOR OR RESELLER OF ARTERA BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE SERVICE SUBSCRIPTION FEES PA...
Warranties and Limitation of Liabilities
