Common use of Warranties Disclaimer of Warranties Clause in Contracts

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER’S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE OF APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONSThe Manager represents and warrants to the Licensees, WARRANTIESas of the date hereof, OBLIGATIONS AND LIABILITIESthat: (a) to the knowledge of the Manager, AND CUSTOMER’S RIGHTS AND REMEDIESthe Manager has the right to grant to the Licensees the license to the Licensed Intellectual Property pursuant hereto and the Licensed Intellectual Property is free of all liens or encumbrances, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVEor third party claims that would prevent the Licensees’ permitted use thereof as set forth herein; and (b) to the knowledge of the Manager, the Licensed Intellectual Property does not infringe or misappropriate a third party’s Intellectual Property Rights. EXCEPT AS PROVIDED ABOVE, THE SERVICE LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS”, AND EMPLOYEES FROM ALL OTHER CONDITIONS, REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIESWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, ARISING BY LAW OR OTHERWISEINCLUDING, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) , ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USEPURPOSE (EVEN IF INFORMED OF SUCH PURPOSE), PURPOSE OF APPLICATIONVALIDITY, NON-INFRINGEMENT, TITLE, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, A COURSE OF DEALING, USAGE, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITYTRADE PRACTICE, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING EXCLUDED EXCEPT TO THE FOREGOINGEXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW. NO REPRESENTATION OR WARRANTY IS MADE REGARDING THE RESULTS OF ANY LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, OR THAT THE LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, SHALL MEET THE LICENSEES’ REQUIREMENTS.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONSUSER HEREBY REPRESENTS AND WARRANTS THAT (I) HE/SHE IS NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, WARRANTIESOR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) HE/SHE IS NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. IF USER IS AN INDIVIDUAL ACTING OR DEALING AS A CONSUMER, OBLIGATIONS AND LIABILITIESUSER MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND CUSTOMER’S SUCH STATUTORY RIGHTS AND REMEDIESARE NOT AFFECTED BY THE FOLLOWING. UPS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE UPS WECHAT APPLICATION, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVETHE UPS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE SERVICE USE OF SAME IS AT YOUR OWN RISK. THE UPS WECHAT APPLICATION, THE UPS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK UPS, ITS LICENSORS, AND ITS LICENSORS AND THEIR RESPECTIVE OWNERSSUPPLIERS, OFFICERSTO THE FULLEST EXTENT PERMITTED BY LAW, AND EMPLOYEES FROM DISCLAIM ALL OTHER REPRESENTATIONSWARRANTIES, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EITHER EXPRESS OR IMPLIED, ARISING BY LAW STATUTORY OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. UPS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE UPS WECHAT APPLICATION OR THE UPS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE UPS WECHAT APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY UPS IN THESE TERMS OF USE. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS TERMS OF USE ARE FAIR AND REASONABLE. OTHER THAN AS PERMITTED BY APPLICABLE LAWS, PURPOSE OF APPLICATIONUPS DOES NOT EXCLUDE, LIMIT, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUSPEND SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOINGLEGAL RIGHTS WHICH USER MAY HAVE.