Common use of WARRANTIES EXCLUSIVE; DISCLAIMERS Clause in Contracts

WARRANTIES EXCLUSIVE; DISCLAIMERS. The warranties set forth in this Contract are exclusive and in lieu of all other warranties, whether express or implied, and Contractor expressly disclaims all other warranties, including any implied warranties of merchantability, or fitness for a particular purpose. Contractor does not warrant that Agency’s use of the Application Services will be uninterrupted or error free. The warranties stated above will not apply to the extent that there has been misuse (including, but not limited to, any use of the Application Services capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by Agency or a third party, or failure or damage caused by a product for which Contractor is not responsible.

WARRANTIES EXCLUSIVE; DISCLAIMERS. The warranties set forth in this Contract are exclusive and in lieu of all other warranties, whether express or implied, and Contractor expressly disclaims all other warranties, including any implied warranties of merchantability, or fitness for a particular purpose. Contractor does not warrant that Agency’s use of the Application Subscription Services will be uninterrupted or error free. The warranties stated above will not apply to the extent that there has been misuse (including, but not limited to, any use of the Application Subscription Services capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by Agency or a third party, or failure or damage caused by a product or a third party for which Contractor is not responsible.

WARRANTIES EXCLUSIVE; DISCLAIMERS. The warranties set forth in this Contract are exclusive and in lieu of all other warranties, whether express or implied, and Contractor expressly disclaims all other warranties, including any implied warranties of merchantability, or fitness for a particular purpose. Contractor does not warrant that Agency’s use of the Application Subscription Services will be uninterrupted or error free. The warranties stated above will not apply to the extent that there has been misuse (including, but not limited to, any use of the Application Subscription Services capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by Agency or a third party, or failure or damage caused by a product for which Contractor is not responsible.