Warranties Disclaimer and Limitation of Liability. 5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, BARBOOKS™ IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Warranties Disclaimer and Limitation of Liability. NSBA warrants that in providing the Licensed Materials, it has not and will not knowingly infringe on any copyright or other proprietary or intellectual property rights of others. NSBA represents that it has good faith belief that it is entitled to grant the licenses to which this Agreement applies. NSBA makes no other representations or warranties of any kind, express or implied to the Licensee or Authorized Users. NSBA has made, and will continue to make, good faith efforts to assure that the Licensed Materials are accurate and complete, but it does not warrant the completeness, merchantability or fitness for a particular purpose, quality, accuracy, originality, suitability, searchability, operation or performance of the Web Site or the Licensed Material. NSBA disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from the Web Site or the Licensed Material, including, but not limited to, technical inaccuracies and typographical errors, the unavailability of the Web Site or the Licensed Materials, the transmission of viruses, worms, time bombs, logic bombs or other such computer programs, or Licensee’s use of the Web Site or the Licensed Materials, even if NSBA is advised of or aware of the possibility of such damages. In no event shall NSBA 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 of or inability to use the Licensed Materials. In no event shall NSBA’s total aggregate liability for any losses, injuries, claims, liabilities or damages arising out of or relating to this Agreement exceed the licensing fee paid by Licensee to NSBA during the Term in which such cause of action occurred. NSBA will make reasonable efforts to assure that its vendor will provide continuous access to the Licensed Materials and correct any performance problem brought to its attention, but NSBA will not be liable for any delay, interruption, down time, or other failure of performance. Likewise, NSBA will not be liable to Licensee for any loss or damage (incidental, consequential, punitive, or otherwise) arising out of the use of, or the inability to use, the Licensed Materials. The Licensee assumes sole responsibility for all use of the Licensed Materials and agrees to indemnify and hold the NSBA harmless from any claim, liability, or loss arising from their Unauthorized Use.
Warranties Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IOM FORUM AND THE INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORIMTEC SHALL NOT BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO THE USE OR INABILITY TO USE IOM FORUM, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION CONTAINED ON IOM FORUM, THE USER'S INABILITY TO ACCESS IOM FORUM OR PERFORM SEARCHES (EVEN IF USER'S ACCESS TO IOM FORUM HAS BEEN TERMINATED WITHOUT NOTICE BY ORIMTEC), OR INCOMPATIBLITY OF IOM FORUM WITH ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT. ORIMTEC SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INDIRECT, GENERAL OR SPECIAL DAMAGES RELATING TO USER'S RIGHTS IN THIS AGREEMENT, OR USE OF, OR INABILITY TO USE, IOM FORUM IN ANY WAY (INCLUDING INTERRUPTION OF BUSINESS, DAMAGE TO SOFTWARE OR HARDWARE, OR LOSS OF USE, DATA, OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT OR OTHERWISE. Note that it is impossible for the staff or the owners of IOM Forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well. User shall remain solely responsible for the content of User’s posted messages. Furthermore, User agrees to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries (see Section F. Indemnity, below). The owners of IO...
Warranties Disclaimer and Limitation of Liability. (a) DIS warrants that it has all necessary rights, permissions and clearances to license the DIS Content to Subscriber for the purposes outlined in this Agreement, and that the use of the DIS Content in accordance with the terms of this Agreement shall not infringe the copyrights or other intellectual property rights of any third party. Subscriber shall promptly notify DIS in the event it becomes aware of any claims of infringement of such rights. DIS shall indemnify and hold harmless the Subscriber for any losses, claims, damages, awards, or penalties that it incurs (including reasonable attorneys’ fees) which arise from any third party claim for infringement of copyright or other intellectual property rights arising from the Subscriber’s or an Authorized User’s use or access to the DIS Content in accordance with the terms of this Agreement.
Warranties Disclaimer and Limitation of Liability. (a) Limited Warranties 1) Transoft warrants that the Software will perform substantially in accordance with the accompanying written material. This warranty applies for a period of fourteen (14) days for License terms of less than three months, and thirty (30) days for all other License terms, from the date You receive the Software. If the Software does not perform substantially in accordance with the accompanying written material, You may within such 14 day or 30-day period, as the case may be, return the Software together with the accompanying material and proof of purchase (at Your expense) to Transoft for replacement or a full refund of the amounts You paid for the Software (in the currency You used to purchase the applicable License Type). This limited warranty is void if failure of the Software has resulted from abuse, accident, or misapplication on the part of You, any Authorized Users or others for whom You are responsible. Transoft will not be responsible for user error. If Transoft elects to provide a refund rather than replacement then as a condition of the refund to You, You must permanently uninstall and otherwise delete any set up files or copies of the Software, or any parts thereof, from any Computer Devices or any storage media on which You have installed or saved (or permitted to be installed or saved) any set up files or copies of the Software, or any parts thereof, and return satisfactory proof of deletion and all documentation to Transoft.
Warranties Disclaimer and Limitation of Liability. (a) NuSil warrants to Buyer that: (i) it has the right to convey good title to the Products, free and clear of any lien or encumbrance; (ii) on date of delivery to Buyer, the Products shall (a) conform in all material respects to the Specifications; and (b) be manufactured, packaged, and labeled in accordance with Applicable Laws (including but not limited to compliance with 42 U.S.C. 1320a-7 and 1320c-5 in connection with NuSil’s obligations hereunder). These warranties do not apply to Products which following delivery to Buyer have been subject to any use, formulation, combination, abuse, misuse, accident, modification, improper storage, temperatures above or below acceptable range, alteration or tampering. Buyer shall have the obligation of substantiating the chain of custody of the Products following delivery of the Products to Buyer.
Warranties Disclaimer and Limitation of Liability. 11.1 Our Warranties. We warrant that the Services shall perform materially in accordance with the User Guide. For any breach of such warranty, Your exclusive remedy shall be to terminate this Agreement and receive the return of Your Data in accordance with Section 13.5.
Warranties Disclaimer and Limitation of Liability. 3.1 The Contents are licensed by the Licensor “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
Warranties Disclaimer and Limitation of Liability. 8.1 Each Party represents and warrants to the other Party that (i) it has the power and authority to enter into and perform its obligations under this Agreement, (ii) this Agreement, when executed, shall become the legal, valid and binding obligation of such Party (iii) the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to do so on such Party’s behalf and (iv) no consent from any other person or entity (including, without limitation, Authorizations) is required as a condition precedent to such Party entering into or performing its obligations under this Agreement.
Warranties Disclaimer and Limitation of Liability
