Common use of Warranties Disclaimers Limitation of Liability Clause in Contracts

Warranties Disclaimers Limitation of Liability. Lightwave Equipment is subject to third party warranties which will be passed through Lightwave to Customer at no additional charge. Lightwave will comply with all reasonable requirements to effect the pass-through of the warranty to its Customers. At its sole option, Lightwave may replace defective Equipment. The warranty does not cover defects resulting from use contrary to specifications or instructions, acts outside of Lightwave’s control, or repair or modification by anyone other than Lightwave or its technician(s). Lightwave reserves the right to modify this warranty at anytime. The foregoing limitation applies to the acts and omissions of Lightwave, it’s members, officers, employees, agents, contractors, or representatives which, but for these acts and/or omissions, would give rise to a cause or action against Lightwave in this Agreement, tort or any legal doctrine. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Any warranty gives Customer specific legal rights; Customer may also have rights which vary from State to State. Customer expressly agrees that Lightwave is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and Customer hereby releases Lightwave for any such claims based on the activities of third parties. The Service is provided to Customer "as is" without warranty of any kind. Neither Lightwave, nor its affiliates, nor any of its suppliers or licensors, employees or agents warrant that installation, Lightwave’s compliance with special customer installation requests, or the Service will be uninterrupted or error free or free from viruses or other harmful malicious agents even if anti-virus mechanisms are deployed. Lightwave does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representations and warranties of any kind express or implied, including without limitation, any warranties of title, noninfringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed. Lightwave and its employees, representatives and agents are not liable for any costs or damages arising directly or indirectly from the installation, Lightwave’s compliance with customer installation requests or use of the licensed software, the Service (including e-mail), Equipment furnished by Lightwave, or Lightwave's provision of technical service and support for the Service; even if such damage results from the negligence or gross negligence of a Lightwave installer, technician, or customer service representative, including any indirect, incidental, consequential, exemplary, special, or punitive damages, regardless of whether or not Lightwave has been advised of the possibility of such damages. In any event, Lightwave's cumulative liability to Customer for any and all claims relating to the use of the Service shall not exceed the total amount of Service fees paid during the immediately preceeding month. Customer hereby releases Lightwave from any and all obligations, liabilities, and claims in excess of this limitation. Lightwave is also not liable for any costs or damages arising from or related to Customer’s breach of this Agreement. Customer’s sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Warranties Disclaimers Limitation of Liability. Lightwave Equipment is subject to third party warranties which will be passed through Lightwave to Customer at no additional charge. Lightwave will comply with all reasonable requirements to effect the pass-through of the warranty to its Customers. At its sole option, Lightwave may replace defective Equipment. The warranty does not cover defects resulting from use contrary to specifications or instructions, acts outside of Lightwave’s control, or repair or modification by anyone other than Lightwave or its technician(s). Lightwave reserves the right to modify this warranty at anytime. The foregoing limitation applies to the acts and omissions of Lightwave, it’s members, officers, employees, agents, contractors, or representatives which, but for these acts and/or omissions, would give rise to a cause or action against Lightwave in this Agreement, tort or any legal doctrine. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Any warranty gives Customer specific legal rights; Customer may also have rights which vary from State to State. Customer expressly agrees that Lightwave is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and Customer hereby releases Lightwave for any such claims based on the activities of third parties. The Service is provided to Customer "as is" without warranty of any kind. Neither Lightwave, nor its affiliates, nor any of its suppliers or licensors, employees or agents warrant that installation, Lightwave’s compliance with special customer installation requests, or the Service will be uninterrupted or error free or free from viruses or other harmful malicious agents even if anti-virus mechanisms are deployed. Lightwave does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representations and warranties of any kind express or implied, including without limitation, any warranties of title, noninfringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed. Lightwave and its employees, representatives and agents are not liable for any costs or damages arising directly or indirectly from the installation, Lightwave’s compliance with customer installation requests or use of the licensed software, the Service (including e-mail), Equipment furnished by Lightwave, or Lightwave's provision of technical service and support for the Service; even if such damage results from the negligence or gross negligence of a Lightwave installer, technician, or customer service representative, including any indirect, incidental, consequential, exemplary, special, or punitive damages, regardless of whether or not Lightwave has been advised of the possibility of such damages. In any event, LightwaveXxxxxxxxx's cumulative liability to Customer for any and all claims relating to the use of the Service shall not exceed the total amount of Service fees paid during the immediately preceeding month. Customer hereby releases Lightwave from any and all obligations, liabilities, and claims in excess of this limitation. Lightwave is also not liable for any costs or damages arising from or related to Customer’s breach of this Agreement. Customer’s sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.