Common use of Warranties and Limitations Clause in Contracts

Warranties and Limitations. 4a. HURME represents and warrants that the Webfonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the Webfonts together with a copy of your Order Receipt. If the Webfonts do not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Webfonts or the refund of the license fee you paid for the Webfonts, either as an authorized officer of HURME may elect. HURME and its suppliers do not and cannot warrant the performance or results you may obtain by using the Webfonts. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 4c. Other law, Non-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for more than thirty (30) days. The terms and conditions of this License are contractual in nature. By downloading, installing and using the Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.

Warranties and Limitations. 4a. HURME represents The Service/Equipment is warranted under the Master Agreement with Supra (directly or indirectly for the benefit of MLS and/or Participant) against defects in workmanship and/or materials, to be fit for its intended purpose and warrants that to conform in all material respects to its written specifications for the Webfonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the Webfonts together with a copy of your Order Receipt. If the Webfonts do not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement term of the Webfonts Agreement. Supra shall, without charge, repair or replace such defective or nonconforming component for the refund term of the license fee you paid for the WebfontsAgreement. Keyholder must return any defective system component under warranty to MLS at Keyholder’s sole cost and expense and MLS shall provide all repaired or replacement Equipment to Keyholder. This warranty does not extend to any damage caused by accident, either as an authorized officer abuse, neglect or misuse of HURME may electsystem components. HURME Xxxxxxxxx agrees to cooperate with MLS and its suppliers do not and cannot warrant the performance or results you may obtain Xxxxx by using the Webfontsperforming diagnostic tests provided to Keyholder when Keyholder initially seeks warranty service. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE OF AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IN LIEU OF ANY IMPLIED WARRANTIES OF MER- CHANTABILITY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX DOES NOT WARRANT THAT THE OPERATION PURPOSE AND IN LIEU OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY ALL OTHER PARTYWARRANTIES, WHETHER IN CONTRACT EXPRESSED OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISEIMPLIED, FOR ANY SPECIALAS REGARDS THE SERVICE/EQUIPMENT. MLS makes no representation or warranty that the service, CONSEQUENTIALincluding the software or equipment such as LockBoxes and KEYS, OR INCIDENTAL DAMAGESmay not be compromised or circumvented, INCLUDING LOST PROFITSor that products will prevent any loss by burglary or other criminal action, LOST SAVINGcompromise or circumvention. The LockBox Service is not designed or marketed as a security system. Any loss, LOSS OF DATAabuse or misuse of the LockBox/KEY/Component will compromise the integrity of the LockBox Service. In the event any of the malfunction or failure of any KEY or LockBox component, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITYor of the LockBox Service, the sole remedy shall be as set forth above being repair or replacement. 4c. Other lawIn no event shall MLS be liable for any lost business, Non-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of any direct, incidental, special or consequential or special damages, or implied warranties. Any implied warranty any other claims arising from or other right created by law is only effective for relating to the ninety (90) day warranty period. There are no warranties use, the inability to use, or conditions the implementation of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for more than thirty (30) days. The terms and conditions of this License are contractual in nature. By downloading, installing and using the Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License AgreementKEY/LockBox/LockBox System Services Program.

Warranties and Limitations. 4aThe Publisher warrants to the Licensee that to the best of its knowledge, the Licensed Materials used as contemplated by this Agreement do not infringe the copyright or any other proprietary or intellectual property rights of any natural or legal person. HURME represents While Publisher makes an effort to ensure the accuracy of content posted online, Publisher does not warrant or guarantee the accuracy or completeness of the Licensed Materials. Publisher makes no representation or warranty and warrants expressly disclaims any liability with respect to the content of the Licensed Materials. Except for the express warranties stated herein, the Licensed Materials are provided on an “as is” basis and the Publisher disclaims any and all other warranties, conditions or representations (express, implied, oral or written) relating to the Licensed Materials or any part thereof, including any and all implied warranties of quality, performance, or merchantability of fitness for a particular purpose. Publisher expressly disclaims any warranty that access to the Webfonts Licensed Materials online will perform substantially in accordance be uninterrupted or free of errors; that defects will be corrected; or that Publisher’s Servers are free of viruses, worms, or other elements harmful to your computer system. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption or loss of profits, arising out of the use or the inability to use the Licensed Materials. In no case shall Publisher's aggregate liability for any content or accessibility problems with the representations made herein. To make a warranty claim, you must notify site exceed the source from which you obtained the Webfonts together with a copy amount of your Order Receipt. If the Webfonts do not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Webfonts or the refund of the license fee you subscription fees paid for the WebfontsLicensed Materials during 12-month period preceding any claim or notice of damages. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to uncontrollable acts of nature, either as an authorized officer government restrictions (including the denial or cancellation of HURME may elect. HURME and its suppliers do not and cannot warrant the performance or results you may obtain by using the Webfonts. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 4c. Other law, Non-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty any export or other right created by law necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is only effective for the ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for more than thirty (30) days. The terms and conditions of this License are contractual in nature. By downloading, installing and using the Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreementaffected.

Warranties and Limitations. 4a. HURME represents and warrants that the Webfonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the Webfonts together with a copy of your Order Receipt. If the Webfonts do not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Webfonts or the refund of the license fee you paid for the Webfonts, either as an authorized officer of HURME may elect. HURME and its suppliers do not and cannot warrant the performance or results you may obtain by using the Webfonts. 4b. HURME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXX HURME DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIM- PEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIR- CUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER- WISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 4c. Other law, Non-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warran- ties are not to be effective for more than thirty (30) days. The terms and conditions of this License are contractual in nature. By downloading, installing and using the Webfonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.