Warranties Exclusions. 8.1 Unless otherwise set out in any written specification, the Software (and any written or other materials supplied) is provided "As Is" and no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, performance, quality or fitness for purpose of the Software is given by DYALOG LTD. and all such are excluded to the fullest extent permitted by Law. Furthermore, no warranty is given that the use of the Software will comply with the Laws of any country to which the Software may be exported.
8.2 Without prejudice to 8.1 above, DYALOG LTD.’s maximum liability in any event for all claims made under or in respect of matters arising out of this Licence Agreement however arising shall not exceed a sum equivalent to the total of all Fees paid by You at that time.
8.3 Under no circumstances will DYALOG LTD. or any Third Party Supplier be liable for any loss of profits, loss of anticipated savings, loss of revenue, loss of data, loss of goodwill or any other type of special, consequential or indirect loss or damage.
8.4 Nothing in the foregoing shall limit DYALOG LTD’s liability in relation to death or personal injury, fraud or any other matter in relation to which liability cannot be excluded by Law. Your statutory rights (if any) are not affected.
Warranties Exclusions. The Seller expressly warrants that all the Products supplied conform to the Specifications, upon Delivery. All conditions and warranties on the part of the Seller implied by law in relation to the Products Supplied by it are excluded to the maximum extent permitted by law and the provisions contained in these Terms of Sale/Consignment shall constitute the whole of the rights and obligations of the parties. The liability of the Seller shall be limited to the replacement of the Products concerned or the Supply of equivalent Products whichever is determined by the Seller and all liability of the Seller for damages including consequential indirect or special damage or loss of whatever kind is excluded to the maximum extent permitted by law.
Warranties Exclusions. Each Party represents and warrants to the other that it has full and sufficient right and authority to enter into this MSA. Moloco’s warranties provided in this Section 5 are in lieu of all other warranties, express or implied, whether arising from law, custom or conduct, and the rights and remedies provided herein are exclusive and in lieu of any other remedies provided or implied, whether in an action for or arising out of breach of contract, tort, or any other cause of action. Company represents and warrants that: (i) the Work Product shall be an original work of Company and in performing the Services and furnishing the Work Product(s), Company shall not violate or infringe any patent, copyright, trade secret, or other proprietary right of any third party; (ii) Company has not transferred or assigned to any third party any proprietary rights in the Work Product; (iii) no portion of the Services or Work Product shall be subject to any lien, encumbrance, security interest, or other restriction of any nature; and (iv) Company has all rights necessary to grant to Moloco licenses to Company Retained Intellectual Property. Company further represents and warrants that: (a) it has the full right, power and authority to enter into this MSA and perform the Services and its other obligations hereunder; (b) its execution of this MSA and its performance of the Services shall not result in a breach of or default under any other agreement to which Company is a party; (c) it shall not, during the term of this MSA, accept any work or enter into any agreement or obligation inconsistent or incompatible with Company’s obligations under this MSA; (d) the Work Product(s) shall be fit and sufficient for the purpose(s) for which they were intended as were expressly made known to Company or could reasonably have been inferred by it; and (e) it shall remain in full compliance with all applicable laws, regulations and permit requirements, including but not limited to labor, safety and environmental laws.
Warranties Exclusions. 1The equipment provided by the Owner will be in good working order for normal full load working at the stated capacity under normal safe working conditions.
Warranties Exclusions
