Common use of Warranties Disclaimers Clause in Contracts

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI represents and warrants to You that the Service will materially conform to the Documentation. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSI. c) PBSI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI represents and warrants to You Customer that the Service will shall materially conform to the Documentation. PBSI further represents and warrants that any consulting or support shall be performed, in a professional manner in accordance with generally accepted industry standards and practice. PBSI does not warrant the operability or accuracy of any Client Customer Data processed by PBSI. cb) PBSI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) . EXCEPT AS PROVIDED IN SECTION 8, PBSI WILL SHALL NOT BE LIABLE FOR ANY CLAIMS LOSS OF CUSTOMER DATA OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. c) THE SERVICE IS DEPENDENT ON ADDRESS, DEMOGRAPHIC, BUSINESS AND A VARIETY OF OTHER DATA PROVIDED BY THIRD PARTY DATA PROVIDERS, EXCEPT AS SET OUT IN SECTION 8 AND SECTION 11(A), HEREIN, ACCESS AND USE OF ANY OR ALL SUCH DATA AND SOFTWARE IS PROVIDED “AS IS”.

Warranties Disclaimers. a) PBSI a. Precisely represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI b. Precisely represents and warrants to You that the Service will materially conform to the Documentation. PBSI Precisely does not warrant the operability or accuracy of any Client Data processed by PBSIPrecisely. c) PBSI c. PRECISELY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI PRECISELY WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY STATED IN THIS AGREEMENT, AND FOR ALL TRIAL LICENSES, THE LICENSED PRODUCTS ARE PROVIDED “AS IS” AND, THE SERVICE IS PROVIDED “AS IS” AND PBSI PRECISELY ON BEHALF OF ITSELF AND ITS THIRD PARTY SUPPLIERS SUPPLIERS, DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI d. PRECISELY WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI PRECISELY WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.

Warranties Disclaimers. a) PBSI Each Party represents and warrants that it, and the entity on whose behalf it enters this Agreement, if any, has the right legal power and authority to grant enter into this Agreement. You further represent that you are not otherwise prohibited from using or receiving the rights granted hereunder b) PBSI represents and warrants to You that the Service will materially conform to the DocumentationSoftware. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSI. c) PBSI DOES THE SOFTWARE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE SOFTWARE WILL OPERATE PERFORM WITHOUT ERROR FREE OR THAT PBSI IT WILL CORRECT ALL ERRORS RUN WITHOUT INTERRUPTION, OR THAT YOUR DATA WILL NOT BE LOST OR COMPROMISED. PROTEIN METRICS PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (i) A MODIFICATION OF THE SOFTWARE MADE BY ANYONE OTHER THAN PROTEIN METRICS, UNLESS WE APPROVE SUCH MODIFICATION IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTWRITING, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES(ii) ANY LIMITATIONS OF YOUR CLOUD ENVIRONMENT, EXPRESS OR IMPLIED, WITH RESPECT TO THE (iii) USE OF THE SERVICESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION, INCLUDINGWARRANTY OR GUARANTEE OF NON-INFRINGEMENT, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SOFTWARE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY YOU ASSUME THE UNAUTHORIZED USE ENTIRE RISK OF THE SERVICE OR ACTS OF ABUSE OR MISUSE RESULTS AND PERFORMANCE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICESOFTWARE.

Warranties Disclaimers. a) PBSI 7.1 Company warrants that the Support and Professional Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. If Customer believes there has been a breach of this warranty, Customer must notify Company in writing promptly following delivery of such Support or Professional Services stating in reasonable detail the nature of the alleged breach. As Company's sole obligation and Customer's exclusive remedy, Company will to correct or re-perform, at no additional charge, any non-conforming Support or Professional Services. 7.2 Customer represents and warrants that it has and its use of the right to grant You the rights granted hereunder b) PBSI represents Subscription, Software, Support, and warrants to You that the Service Professional Services will materially conform to the Documentation. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSIat all time comply with applicable laws. c) PBSI DOES NOT WARRANT THAT 7.3 EXCEPT AS PROVIDED IN SECTION 7.1, TO THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTMAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, THE SERVICE IS SOFTWARE, SUPPORT, AND PROFESSIONAL SERVICES INCLUDING ALL UPDATES, BUG FIXES, WORK AROUNDS, OR ERROR CORRECTIONS, ARE PROVIDED “TO CUSTOMER "AS-IS" AND "AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIESAVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYINTEGRATION, RELIABILITYNON- INFRINGEMENT, NONINFRINGEMENTTITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE PERFORMANCE, OR USAGE IN OF TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You to Client the rights granted hereunder b) PBSI represents and warrants to You Client that the Service will materially conform to the Documentation. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSI. c) PBSI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICEPRODUCT ERRORS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOUCLIENT. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. e) THE SERVICE MAY CONTAIN A DISABLING DEVICE OR DEVICE REQUIRING ENABLEMENT: (i) TO COMPLY WITH REQUIREMENTS OF REGULATORY AUTHORITIES; (ii) TO PREVENT USE OF THE SERVICE BEYOND THE TERM OF A SUBSCRIPTION ORDER; AND/OR (iii) TO PREVENT USE OF THE SERVICE IN EXCESS OF ANY TRANSACTIONS (OR OTHER RESTRICTIONS) OR BY MORE THAN THE NUMBER OF USERS SET OUT IN A SUBSCRIPTION ORDER. .

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI PBI represents and warrants to You Client that the Service will materially conform to the Documentation. PBSI PBI does not warrant the operability or accuracy of any Client Data processed by PBSIPBI. cb) PBSI PBI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI PBI WILL CORRECT ALL ERRORS IN THE SERVICEERRORS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI PBI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI . PBI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANYFOR: (Ii) ANY LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICEDATA; OR (IIii) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. Some states, including Mississippi, do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to You. c) THE SERVICE MAY CONTAIN A DISABLING DEVICE OR DEVICE REQUIRING ENABLEMENT: (i) TO COMPLY WITH REQUIREMENTS OF REGULATORY AUTHORITIES; (ii) TO PREVENT USE OF THE SERVICE BEYOND THE TERM OF AN ORDER; AND/OR (iii) TO PREVENT USE OF THE SERVICE IN EXCESS OF THE ALLOTMENT SET OUT IN AN ORDER.

Warranties Disclaimers. a) PBSI 7.1 Company warrants that the Support and Professional Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. If Customer believes there has been a breach of this warranty, Customer must notify Company in writing promptly following delivery of such Support or Professional Services stating in reasonable detail the nature of the alleged breach. As Company’s sole obligation and Customer’s exclusive remedy, Company will to correct or re-perform, at no additional charge, any non-conforming Support or Professional Services. 7.2 Customer represents and warrants that it has and its use of the right to grant You the rights granted hereunder b) PBSI represents Subscription, Software, Support, and warrants to You that the Service Professional Services will materially conform to the Documentation. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSIat all time comply with applicable laws. c) PBSI DOES NOT WARRANT THAT 7.3 EXCEPT AS PROVIDED IN SECTION 7.1, TO THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTMAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, THE SERVICE IS SOFTWARE, SUPPORT, AND PROFESSIONAL SERVICES INCLUDING ALL UPDATES, BUG FIXES, WORK AROUNDS, OR ERROR CORRECTIONS, ARE PROVIDED TO CUSTOMER “AS AS-IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES“AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYINTEGRATION, RELIABILITYNON-INFRINGEMENT, NONINFRINGEMENTTITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE PERFORMANCE, OR USAGE IN OF TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI PBI represents and warrants to You Client that the Service will materially conform to the Documentation. PBSI PBI does not warrant the operability or accuracy of any Client Data processed by PBSIPBI. cb) PBSI PBI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI PBI WILL CORRECT ALL ERRORS IN THE SERVICEERRORS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI PBI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI . PBI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANYFOR: (Ii) ANY LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICEDATA; OR (IIii) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. c) THE SERVICE MAY CONTAIN A DISABLING DEVICE OR DEVICE REQUIRING ENABLEMENT: (i) TO COMPLY WITH REQUIREMENTS OF REGULATORY AUTHORITIES; (ii) TO PREVENT USE OF THE SERVICE BEYOND THE TERM OF AN ORDER; AND/OR (iii) TO PREVENT USE OF THE SERVICE IN EXCESS OF THE ALLOTMENT SET OUT IN AN ORDER.

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant to You the rights granted hereunder. b) PBSI represents and warrants to You that that, for the Service greater of: (i) the Term of Your Plan; or (ii) ninety (90) days from the Effective Date (the “Warranty Period”), the Offering will materially conform to the Documentation. Should the Offering fail to comply with this warranty during the Warranty Period, You must notify PBSI in writing and PBSI will promptly repair or replace the non-conforming Offering. If PBSI is unable to repair or replace the non-conforming Offering in a reasonable period of time, as your remedy PBSI will refund you the amount of pre-paid but unused fees associated with the Offering. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSIthe Offering. c) PBSI DOES NOT WARRANT THAT THE SERVICE OFFERING WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICEERRORS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS OFFERING AND CONTENT ARE PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICEOFFERING OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.

Warranties Disclaimers. a) PBSI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI represents and warrants to You Client that the Service will materially conform to the Documentation. PBSI does not warrant the operability or accuracy of any Client Data processed by PBSI. cb) PBSI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI WILL CORRECT ALL ERRORS IN THE SERVICEPRODUCT ERRORS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) . PBSI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE. c) THE SERVICE MAY CONTAIN A DISABLING DEVICE OR DEVICE REQUIRING ENABLEMENT: (i) TO COMPLY WITH REQUIREMENTS OF REGULATORY AUTHORITIES; (ii) TO PREVENT USE OF THE SERVICE BEYOND THE TERM OF A SUBSCRIPTION ORDER; AND/OR (iii) TO PREVENT USE OF THE SERVICE IN EXCESS OF ANY TRANSACTIONS (OR OTHER RESTRICTIONS) OR BY MORE THAN THE NUMBER OF USERS SET OUT IN A SUBSCRIPTION ORDER. .

Warranties Disclaimers. a) PBSI PBI represents and warrants that it has the right to grant You the rights granted hereunder b) PBSI PBI represents and warrants to You that the Service will materially conform to the Documentation. PBSI PBI does not warrant the operability or accuracy of any Client Developer Data processed by PBSIPBI. c) PBSI PBI DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT PBSI PBI WILL CORRECT ALL ERRORS IN THE SERVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND PBSI PBI AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NONINFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) PBSI PBI WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE SERVICE OR ACTS OF ABUSE OR MISUSE OF THE SERVICE BY YOU. IN ADDITION, PBSI PBI WILL NOT BE LIABLE FOR ANY: (I) LOSS OR CORRUPTION OF CLIENT DEVELOPER DATA USED IN THE SERVICE; OR (II) LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE SERVICE.