Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. FindOut warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where FindOut supplies any goods supplied by a third party, FindOut does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. Except in respect of death or personal injury caused by FindOut’s negligence, FindOut shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's negligence or the negligence of its employees or agents or otherwise) which arise out of or in connection with the provision of any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitation.

Warranties and Limitation of Liability. FindOut Smartcall warrants that its System supplied by Smartcall shall not fail because of any defects in materials or workmanship where the defects appear under proper use of the System within twelve (12) months from the Installation Date. Smartcall further warrants that the System shall comply with Smartcall's published specifications in force at the Installation Date. Such specification implies and includes any manufacturer’s specification of equipment and/or software and services will be for projects and systems being developed the functional specification agreed between the Customer and Smartcall. If the System fails to comply and provided using that Smartcall shall have been notified in writing by the Customer of such failure in accordance with clause 4 Smartcall shall at its sole discretion having been given a reasonable care opportunity and skill on a time to inspect the System and satisfy itself as to any such non-exclusive basiscompliance, either: within a reasonable time alter the System so that it complies with the said specifications or replace it with System that so complies; or accept a return of the System against a credit for the Price thereof. Where FindOut supplies Smartcall's liability under this clause shall be to the exclusion of all other liability to the Customer whether contractual, tortious or otherwise for defects in the System or for any goods supplied loss or damage to or caused by a third party, FindOut does not give any warranty, guarantee the System and all other warranties stipulations or other term as to their quality, statements whatsoever concerning the System whether express or implied by statute or common law or otherwise howsoever are hereby excluded. Without limitation of the foregoing Smartcall grants no warranties regarding the fitness for purpose performance use nature or otherwisequality of the System whether express or implied by statute or common law or otherwise howsoever. Except Notwithstanding anything contained in respect these Terms in no circumstances shall Smartcall be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof for any loss of profit business contracts revenues or anticipated savings or for any special indirect or consequential damage of any nature whatsoever. Smartcall shall not be liable for any failure in the performance of other equipment to which the System is connected nor the functioning of an entire system nor parts of any system of which the System may be part including the effects that other parts of such a system may have upon the System nor for any loss or damage whatsoever of or to the said other equipment or system. Nothing in these Terms shall exclude or restrict the liability of Smartcall for death or personal injury caused by FindOut’s negligence, FindOut shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's negligence or the negligence of Smartcall or of its employees or agents or otherwise) which arise out of or in connection with the provision of agents. In any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as event Smartcall's liability to the time Customer in respect of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software damage to tangible property shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during value of its invoices under this Agreement in the twelve (12) months preceding the event causing the leading to a claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitation.

Warranties and Limitation of Liability. FindOut warrants that its software and services will be provided using reasonable SEL shall perform the Project in a manner consistent with the degree of care and skill on a non-exclusive basisordinarily exercised by members of the same profession currently practicing under similar circumstances. Where FindOut supplies any goods supplied by SEL shall reperform (or, at SEL’s option, pay a third partyparty to reperform) any defective services at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FindOut does not give any THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, VERBAL OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE). In no event, whether as a result of breach of contract, indemnity, warranty, guarantee or other term as to their qualitytort (including negligence), fitness for purpose strict liability or otherwise, shall SEL liability to Customer or its insurers for any (i) loss or damage exceed the contract price or (ii) if Customer places multiple order(s) under the contract, the price of each particular order for all claims arising from or related to that order, and any liability shall terminate at a reasonable time, not to exceed one (1) year, after provision of services. Except in respect No claim, regardless of death form, arising from these Terms may be brought more than one (1) year from the date such claim accrues. Claims against SEL are hereby agreed to have accrued not later than the completion of the Project, notwithstanding any laws to the contrary. In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or personal injury caused by FindOut’s negligenceotherwise, FindOut shall not SEL be liable to you by reason of for any representation (unless fraudulent)special, incidental, consequential or any implied warrantypunitive damages, condition or other term for including without limitation any loss of profit or revenues, loss of use of associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, downtime costs or claims of Customer’s customers for such damages. Customer shall indemnify, defend and hold harmless SEL and all related parties from and against any indirectclaims, special or consequential lossdemands, damagecauses of action, losses, costs and expenses, including without limitation legal fees and other costs, expenses arising directly or other claims (whether caused by FindOut's negligence or the negligence of its employees or agents or otherwise) which arise out indirectly from, as a result of or in connection with the provision acts or omissions of Customer, its officers, employees, agents or representatives, relating to the Project and/or these Terms, including without limitation any defect or failure or alleged defect or failure in or of any software Customer product or services by FindOutoperation. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut Remedies are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims those set forth in excess of this limitationthese Terms.

Warranties and Limitation of Liability. FindOut JGraph Ltd warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where FindOut JGraph Ltd supplies any goods supplied by a third party, FindOut JGraph Ltd does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. , but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to JGraph Ltd. Except in respect of death or personal injury caused by FindOut’s JGraph Ltd's negligence, FindOut JGraph Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOutJGraph Ltd's negligence or the negligence of its employees servants or agents or otherwise) which arise out of or in connection with the provision of any software goods or services by FindOut. FindOut JGraph Ltd. JGraph Ltd shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut JGraph Ltd as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut JGraph Ltd when providing s an electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and system d shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut JGraph Ltd are deemed liable to you for breach of this Agreement, you agree that FindOutJGraph Ltd's liability is limited to the amount actually paid by you for the your services or software related to software, which the claim for compensation arose during the twelve (12) months preceding the event causing the claimamount calculated in reliance upon this clause. You hereby release FindOut Technologies AB JGraph Ltd from any and all obligations, liabilities and claims in excess of this limitation.

Warranties and Limitation of Liability. FindOut warrants The Service, Modem and equipment provided is provided on an “as is, as available,” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement and Broadstripe expressly disclaims all such warranties. Xxxx Arundel Broadband also expressly disclaims any representation or warranty that the Internet, Voice and Video Services will be error-free secure or uninterrupted. No oral advice or written information given by Xxxx Arundel Broadband, its software and services employees, licensors or agents will create a warranty; nor may Customer rely on any such information or advice as a warranty. Xxxx Arundel Broadband makes no guarantees as to the bandwidth throughout available to the customer. Bandwidth will be provided using reasonable care as available and skill on a non-exclusive basis“up to” to the bandwidth specified by the product. Where FindOut supplies any goods supplied by a third partyThis limitation applies to both upstream and downstream bandwidth availability. Under no circumstances, FindOut does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. Except in respect of death or personal injury caused by FindOut’s including negligence, FindOut shall not will Xxxx Arundel Broadband, its affiliates or agents be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any direct, indirect, incidental, special or consequential lossdamages, damageincluding but not limited to lost profits, costsregardless of the theory, expenses or other claims (whether caused by FindOut's negligence or including, but not limited to any damages 1) that result from the negligence of its employees or agents or otherwise) which arise out use of or inability to use the Service, including but limited to reliance on any information obtained from Xxxx Arundel Broadband; or 2) that result from mistakes, omissions, interruptions, deletion of files or E-mail, loss of or damage to data, errors, defects, viruses, delays in connection with operation, or transmission, or 3) that result from any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, terrorism, or unauthorized access to Xxxx Arundel Broadband records, programs or services. Xxxx Arundel Broadband does not warrant the uninterrupted or error free use of the Service or that any data or files sent by or to Customer will be transmitted in uncorrupted form, at any minimum speed or within a set amount of time. Customer’s sole and exclusive remedy for any matter shall be the credits described in Section 5. Customer hereby acknowledges that the pricing of the Service is based open these provisions and these provisions will apply whether or not Xxxx Arundel Broadband is given notice of the possibility of such damages and that this provision will apply to all content, merchandise, of services available from Xxxx Arundel Broadband or its affiliates. Customer also acknowledges that Xxxx Arundel Broadband has no liability for damage or loss of any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to performdate resulting from file modifications, any virus or other harmful feature. Customer has the responsibility to back-up all files and date or take the risk of its obligations if the delay or failure was due failing to any cause beyond its reasonable controlperform such back up. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach The terms of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from section shall survive any and all obligations, liabilities and claims in excess termination of this limitationagreement.

Warranties and Limitation of Liability. FindOut EPS Software Engineering AG warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where FindOut EPS Software Engineering AG supplies any goods supplied by a third party, FindOut EPS Software Engineering AG does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to EPS Software Engineering AG. Except in respect of death or personal injury caused by FindOut’s EPS Software Engineering AG's negligence, FindOut EPS Software Engineering AG shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOutEPS Software Engineering AG's negligence or the negligence of its employees servants or agents or otherwise) which arise out of or in connection with the provision of any software goods or services by FindOutEPS Software Engineering AG. FindOut EPS Software Engineering AG shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut EPS Software Engineering AG as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut EPS Software Engineering AG when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut EPS Software Engineering AG are deemed liable to you for breach of this Agreement, you agree that FindOutEPS Software Engineering AG's liability is limited to the amount actually paid by you for the your services or software related to software, which the claim for compensation arose during the twelve (12) months preceding the event causing the claimamount calculated in reliance upon this clause. You hereby release FindOut Technologies AB EPS Software Engineering AG from any and all obligations, liabilities and claims in excess of this limitation.

Warranties and Limitation of Liability. FindOut Xxxxxxxx warrants that it has absolute title and full right to transfer good and merchantable title to all goods delivered to Customer; that the goods are now and at the time of delivery shall be free of any security interest, lien or encumbrance; and that the goods provided shall be free from defects in material and workmanship. Such warranties shall extend for the lesser of a period one (1) year, for such period as the manufacturer of the newly manufactured goods provides, or such period of time as Xxxxxxxx shall provide upon its software and services Quote for used goods provided. Xxxxxxxx will be provided using reasonable care and skill on a non-exclusive basisnot allow any allowances, deductions or return of products except by written permission of Xxxxxxxx. Where FindOut supplies any goods supplied by a third party, FindOut does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. Except in respect of death or personal injury caused by FindOut’s negligence, FindOut Xxxxxxxx shall not be liable to you by reason of any representation (unless fraudulent)to, nor indemnify, Customer or any implied warranty, condition or other term third parties for any loss of profit or any indirectclaims, special or consequential losslosses, damage, costslabor, expenses or other claims (whether caused damages, direct or consequential, resulting directly or indirectly from the performance by FindOut's negligence Xxxxxxxx or the negligence use of, or in ability to use the goods sold or services provided hereunder, including, without limitation, loss of its employees profits because of increase operating costs, loss of information, loss of production or agents shutdown of operation or otherwise) which arise out , and liabilities, claims and damages because of personal injury, death or property damage. Notwithstanding the foregoing, goods proving defective in connection with material and/or workmanship per warranty will be repaired or replaced, or, at Xxxxxxxx’x sole option, credit will be allowed for the provision original price thereof, provided written claim in respect of any software such products or services is made by FindOutCustomer within the warranty period and use of such goods is promptly discontinued by Customer after discovery of defect. FindOut shall not be liable or deemed No warranty is provided for services provided by Xxxxxxxx to be in breach of contract by reason of any delay in performingCustomer. THE FOREGOING IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, or failure to performEXPRESS OR IMPLIED, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirectINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitationAND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF XXXXXXXX.