WARRANTIES AND LIMITATIONS ON LIABILITY. A. The following provisions define Provider’s entire liability with respect to claims arising in any way out of the provision of or failure to provide the Service set out in this Agreement; with respect to any breach of its contractual obligations arising under the Agreement; with respect to any errors, omissions, or negligence of Customer, its personnel, employees, agents or users; and any representations, statements, or tortuous act or omission including negligence or gross negligence arising under or in connection with this Agreement (including any liability for the acts or omissions of its employees, agents, and subcontractors; subsequently referred to as the “Event of Default”). Provider shall not be liable, in respect of or arising out of an Event of Default or the performance, non-performance, or breach of its obligations under this Agreement, for any indirect, incidental, special or consequential damages (including as a result of loss of data or misinformation), including loss of profits, goodwill, revenue, data, or use, incurred by Customer or by any third party whether in an action in contract or tort, even if such damages were foreseeable or Provider had been advised of the possibility of such damages. Provider, from time to time, will be requested to provide consultation related to Service described within this Agreement. Provider will use reasonable efforts in this regard. Customer acknowledges and agrees that the limitation of liability shall apply to such consultation. Without derogating from the other provisions of this section and this Agreement, Provider’s liability for damages for breach of this Agreement shall in no event exceed the amounts received by Provider under this Agreement.
WARRANTIES AND LIMITATIONS ON LIABILITY. A. Provider shall be liable to Customer for failure to provide Services, but only if such failure(s) is due to the negligence of Provider and not excused by either of the following: 1) Provider shall not be liable for any damages incurred as a result of the errors, omissions or negligence of Customer, its personnel, employees, agents or users; 2) Provider shall not be liable for failure to perform if such failure is caused by acts of God, winds, fires, landslide, floods, droughts, famines, acts of public enemies, insurrection, military action, sabotage, riots, or civil disturbances, failure of a utility or utility type service which is essential to the Provider's Service or other event(s) not reasonably within the control of the Provider.
WARRANTIES AND LIMITATIONS ON LIABILITY a. The disclosing party warrants that it has the right to provide access to, disclose and use, the Confidential Information to be provided hereunder.
WARRANTIES AND LIMITATIONS ON LIABILITY. A. SCHOOL EXPRESSLY AGREES THAT USE OF META’S SERVICES UNDER THIS AGREEMENT ARE AT SCHOOL’S SOLE RISK. THESE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR DUTY, MERCHANTABILITY, NONINFRINGEMENT, OR WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE GIVEN BY META’S EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS, OR THE EMPLOYEES OF META’S AGENTS OR INDEPENDENT CONTRACTORS, SHALL CREATE ANY WARRANTY OF ANY KIND. UPLOADING, DOWNLOADING, STORING, TRANSMITTING, AND OTHERWISE ACCESSING OR DISTRIBUTING INFORMATION VIA THE SERVICES BY SCHOOL AND/OR ITS USERS IS AT SCHOOL’S OWN RISK.
WARRANTIES AND LIMITATIONS ON LIABILITY. 5.1 THE PORS IS LICENSED "AS IS," AND PANGAEA DISCLAIMS ANY AND ALL WARRANTIES, EXCEPT AS EXPLICITLY PROVIDED HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE PORS WILL OPERATE ERROR-FREE. FURTHER, PANGAEA SHALL HAVE NO OBLIGATION TO SUPPORT, MAINTAIN, ENHANCE, OR UPDATE THE PORS FOR YOU.
WARRANTIES AND LIMITATIONS ON LIABILITY. 6.1 AINS warrants that the Services will be provided in a competent and professional manner in accordance with industry standards. Licensee agrees that AINS has not warranted preserving or recovering any data or other information contained in Licensee’s computer systems.
WARRANTIES AND LIMITATIONS ON LIABILITY. 9.1 Each Party hereby represents and warrants that:
WARRANTIES AND LIMITATIONS ON LIABILITY. 8.1 SANDISK REPRESENTATIONS.
WARRANTIES AND LIMITATIONS ON LIABILITY. SAPIEN warrants that, subject to the terms below, for a period of ninety (90) days from the date of the Customer's purchase of the Software from SAPIEN or its authorized distributor (the “Warranty Period”) the Software will operate substantially in accordance with the specifications published by SAPIEN for such Software. SAPIEN does not warrant that the operation of the Software shall be uninterrupted or error free. If during the Warranty Period SAPIEN receives notice from the Customer that the Software does not operate substantially in accordance with such specifications, then SAPIEN shall use reasonable commercial efforts to repair or replace such Software. If SAPIEN is unable, within a reasonable time, to repair or replace the Software as specified above, the Customer shall be entitled to a refund of the purchase price upon return of the Software to the entity from which it was purchased. The foregoing warranty shall not apply to defects resulting from: (a) improper or inadequate maintenance by the Customer; (b) Customer supplied software or interfaces; (c) modification or misuse; or (d) operation outside of the environmental specifications for the Software. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. SAPIEN SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY OF INFORMATION THE REMEDIES PROVIDED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL SAPIEN OR ANY OF ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SAPIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Such limitations on liability shall not apply with respect to any claim that the Software directly caused bodily injury or death.
WARRANTIES AND LIMITATIONS ON LIABILITY. SAPIEN warrants that, subject to the terms below, for a period of ninety (90) days from the date of the Customer's purchase of the Software from SAPIEN or its authorized distributor (the “Warranty Period”) the Software will operate substantially in accordance with the specifications published by SAPIEN for such Software. SAPIEN does not warrant that the operation of the Software shall be uninterrupted or error free. If during the Warranty Period SAPIEN receives notice from the Customer that the Software does not operate substantially in accordance with such specifications, then SAPIEN shall use reasonable commercial efforts to repair or replace such Software. If SAPIEN is unable, within a reasonable time, to repair or replace the Software as specified above, the Customer shall be entitled to a refund of the purchase price upon return of the Software to the entity from which it was purchased. The foregoing warranty shall not apply to defects resulting from:
