WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 LICENSOR REPRESENTATIONS
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6.
8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS.
8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK.
8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMN.
8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBER, INCLUDING EACH PARTY’S AFFILIATES, FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGAR...
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1 Deadline warrants that:
(a) the Services will be performed by personnel (which may include independent contractors) who are in Deadline’s view suitably qualified and with reasonable skill, care and diligence;
(b) the Services shall be performed in compliance with all applicable laws, enactments, orders, regulations and other similar instruments.
10.2 Deadline excludes to the fullest extent permitted by law all other warranties, conditions, guarantees or representations.
10.3 Nothing in this Agreement shall limit or seek to exclude a party’s liability for death, personal injury or fraudulent misrepresentation.
10.4 The total liability of Deadline under this Agreement howsoever arising, shall be limited to compensation, including legal fees and other relevant expenses, to a maximum of the amount of payments actually made at that date to Deadline by the Customer hereunder (the “Contract
10.4.1 Deadline shall not be liable in any event for any indirect, special, incidental or consequential losses or expenses or for any loss of data, loss of use of data or loss of profits, opportunity,
10.5 Deadline shall not be liable for any liabilities, losses or damages suffered by the Customer or any of its servants or agents or by any third party which arise directly or indirectly from use of the Customer’s Network.
10.6.1 Each party shall insure with a reputable insurance company against loss of or damage to
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with international professional standards. The Service Provider shall in all professional matters act as a faithful advisor to COMPANY and, in so far as any of its duties are discretionary, act fairly between COMPANY and third parties. The Service Provider hereby accepts liability for and indemnifies and holds COMPANY harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, costs, expenses, or other liabilities, caused whether negligently or otherwise, by the non-compliance of the Service Provider and/or its employees of their duties and obligations under this Agreement, in delict for breach of statutory duty or otherwise. COMPANY shall not be liable for any losses, damages, costs, claims and demands which the Service Provider may incur or sustain whilst carrying out or providing the tasks contemplated in this Agreement.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1 RPSGB warrants that it is entitled to grant the rights granted herein and that the information contained in the Publications provided by it has been obtained from what it believes are reliable sources.
10.2 The warranty set out in Clause 10.1 is in lieu of all other warranties, terms and conditions whether implied by or arising under statute or common law, custom, trade usage, or course of dealing between the parties, or otherwise, all of which are hereby excluded to the fullest extent permitted by law. The Publications are provided on an ‘as is’ and ‘as available’ basis and accordingly RPSGB does not give any warranty express or implied or make any representation:
10.2.1 that the Publications will be suitable for any particular requirement of the Licensee or for any particular use by the Licensee; or
10.2.2 that RPSGB’s online service will operate error free or without interruption or that any errors will be corrected; or
10.2.3 that the Publications are complete, accurate or up to date.
10.3 RPSGB shall indemnify and hold Licensee harmless against all claims and damages including, without limitation, reasonable attorneys’ fees which the Licensee incurs as a result of any claim against Licensee that the Publications infringe any copyright or proprietary right of any third party, provided that:
(i) the Licensee notifies RPSGB or its representatives promptly in writing of such claim;
(ii) RPSGB has sole control over the defence or settlement of such claim unless otherwise agreed, and;
(iii) use of the Publications has been in accordance with the terms of this Agreement. Notwithstanding the above, RPSGB shall not be obligated if the infringement occurs as the result of:
(a) a combination with, or the addition of, publications not supplied by RPSGB or its representatives, and/or;
(b) a modification of the Publications after access has been granted and for which RPSGB is not responsible, if the infringement would not have occurred without such combination, addition and/or modification. In the event of a claim for infringement, RPSGB or its representatives may terminate the Licensee’s right to the allegedly infringing Publications and replace such with substantially similar Publications or give Licensee a pro rated refund of the applicable portion of the Subscription Fees.
10.4 In no event, except as otherwise provided herein, will RPSGB or its representatives be liable for any direct, indirect, incidental, special or consequential damages arising from or ...
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with professional standards.
10.2. The Service Provider hereby accepts liability for and indemnifies and holds the Client harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, costs, expenses, or other liabilities, caused whether negligently or otherwise, by the non-compliance of the Service Provider and/or its employees of their duties and obligations under this Agreement, in delict for breach of statutory duty or otherwise.
10.3. The Client shall not be liable for any losses, damages, costs, claims and demands which the Service Provider may incur or sustain whilst carrying out or providing the tasks contemplated in this Agreement.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. You recognize that the CHD System is to be used only as a reference aid by research professionals. It is not intended to be a substitute for the exercise of professional judgment by you. THE CHD SYSTEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILEY AND SSSI NEITHER GIVE NOR MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS UNDER OR PURSUANT TO THIS LICENSE. Wiley and SSSI do not warrant, guarantee or make any representations that the functions contained in the CHD System will meet your particular requirements or that the operation of the CHD System will be uninterrupted or error free. The entire risk as to the results and performance of the CHD System is assumed you.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 PUBLISHER REPRESENTATIONS
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 6.1 Paragon shall defend, indemnify and hold harmless QAD against all costs (including reasonable attorneys fees arising from a claim that Paragon Applications furnished and used within the scope of this Agreement infringe a copyright or patent, trade secret, or other intellectual property right, provided that: (i) QAD notifies Paragon in writing within thirty (30) days of the claim; (ii) Paragon has control of the defense and all related settlement negotiations; and (iii) QAD provides Paragon with the assistance, information, and authority necessary to perform the above. Reasonable out-of-pocked expenses incurred by QAD in providing such assistance shall be reimbursed by Paragon.
a. Paragon shall have no liability for any claim of infringement based on: (i) use of a superseded or altered release of Paragon Applications if such infringement would have been avoided by the use of a current unaltered release of Paragon Applications that Paragon provides to QAD; or (ii) the combination, operation, or use of Paragon Applications furnished under this Agreement with programs or data not furnished by Paragon if such infringement would have been avoided by the use of Paragon Applications without such programs or data.
b. In the event Paragon Applications is held or are believed by Paragon to infringe, Paragon shall have the option, at its expense, to: (i) modify Paragon Applications to be noninfringing; (ii) obtain for QAD a license to continue using Paragon Applications; or (iii) substitute Paragon Applications with other software reasonably suitable to QAD.
6.2 QAD warrants that, to the knowledge of QAD, it has the right to grant all the rights to Paragon as specified in the Agreement. In no event shall QAD be liable for any loss, damage or expense whatsoever including, without limitation, time, money or goodwill arising from, or in connection with, the use or inability to use the MFG/PRO Software or On/Q Software.
6.3 THE ABOVE WARRANTY IS THE ONLY WARRANTY MADE BY QAD CONCERNING THE OBLIGATIONS OF QAD UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO OTHER WARRANTY IS MADE HEREUNDER BY QAD AND ALL OTHER CONDITIONS, WARRANTIES, AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, CONDITIONS OR WARRRANTIES RELATING TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.4 Paragon warrants that Paragon Applications will be free of material defects and will perform the functions ...
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 LICENSOR REPRESENTATIONS Licensor warrants that: (a.) it has the right to Licence the rights granted under this Licence Agreement to use the Licensed Materials; (b.) it has obtained any and all necessary permissions from third parties to Licence the Licensed Materials; (c.) use of the Licensed Materials by Authorized Users in accordance with the terms of this Licence Agreement shall not infringe the copyright or any other intellectual property rights of any third party; and (d.) all services and activities of the Licensor under this Licence Agreement will be conducted in accordance with industry standards.
