Warranties Limitations. The above warranties, if any, only apply if Kodak is notified of a warranty claim within the applicable Warranty Period and do not apply to claims that arise from (i) accident, neglect, misuse, abuse, improper handling or transportation, or improperly maintained air conditioning, humidity control or electrical power, (ii) issues caused by any Person other than Kodak or its authorized agents, (iii) interoperation with other non-Kodak supplied products, (iv) improper installation, service or modification by Persons other than Kodak or its authorized agents, (v) use in an environment or a manner or for a purpose for which the Goods were not designed or intended, (vi) unusual physical or electrical stress, (vii) improper storage or the use of unauthorized chemistries or processing equipment, or (vii) any cause other than ordinary use.
Warranties Limitations. The above warranties only apply if Kodak is notified of a warranty claim within the applicable Warranty Period and do not apply to claims that arise in whole or in part by: (i) accident, neglect, use of the Consumables in any other manner than stated in the specifications, abuse, improper handling or transportation, or improper environmental conditions such as improperly maintained air conditioning, humidity control, caused by any party other than Kodak; and (ii) improper storage or the use of unauthorized chemistries or processing equipment.
Warranties Limitations. 1The Software is licensed for use “AS-IS”, and the Documentation is provided “AS-IS”, without a warranty of any kind. THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, OR THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. LICENSEE ASSUMES ALL RISKS AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE SOFTWARE. LICENSOR DOES NOT WARRANT THE RESULTS OF ANY PROGRAM OR SERVICE, OR THAT ALL OR ANY DEFECTS, ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE FUNCTIONALITY CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS.
Warranties Limitations. A. The Company warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The Company’s liability and the Municipality’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the Company’s cost, of such service or deliverable. The Company’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality or (ii) work or services performed by others.
B. THE COMPANY DOES NOT WARRANT THAT SOFTWARE WILL BE ERROR FREE OR WILL OPERATE UNINTERRUPTED. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY SHALL NOT APPLY. THE COMPANY’S WARRANTY OBLIGATIONS AND THE MUNICIPALITY’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN.
C. The limitations and protections against liability afforded the Company, and its licensors herein shall apply to any action or claim in connection with the services, whether based on contract, tort, statute or otherwise (including negligence, warranty and strict liability). The cumulative liability of the Company, and its licensors for all obligations, warranties and guaranties, whether express or implied, with respect to services performed hereunder shall be limited to the amount paid to the Company pursuant to this Agreement. The Company, and its licensors shall not be liable to the Municipality or any other person or entity for lost profits, revenues, use, opportunities, or data, or any indirect, special, incidental, punitive or consequential damages arising from the performance or nonperformance of services or the use or inability to use any software or product, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise.
D. No action may be maintained or proceeding commenced by the Municipality or others against the Company or its licensors with respect to the Licensed Program or services unless such action or proceeding is commenced within one year after completion by the Company of the particular services to which such action or proceeding relates.
Warranties Limitations. The above warranties only apply if Miraclon is notified of a warranty claim within the applicable Warranty Period and do not apply to claims to claims that arise from (i) accident, neglect, misuse, abuse, improper handling or transportation, or improperly maintained air conditioning, humidity control or electrical power, (ii) caused by any Person other than Miraclon or its authorised agents, (iii) interoperation with other non-Miraclon supplied products, (iv) improper installation, service or modification by Persons other than Miraclon or its authorised agents, (v) use in an environment or a manner or for a purpose for which the Products were not designed or intended, (vi) unusual physical or electrical stress, (vii) any cause other than ordinary use.
Warranties Limitations. Except for gross negligence or willful misconduct, EARLY GROWTH will not be liable for any lost profits, lost savings or incidental damages or other economic consequential damages resulting from this engagement. EARLY GROWTH will perform its services for CLIENT in accordance with good professional standards. EARLY GROWTH retains employees and/or contractors who will be utilized to perform work for CLIENT. CLIENT consents to the use of employees and/or contractors by EARLY GROWTH and except for gross negligence or willful misconduct releases EARLY GROWTH for any and all liability for any acts or omissions by any employee and/or contractor engaged by EARLY GROWTH. Warranties for the computer software and any hardware products used during this engagement are provided by the manufacturers of those products. EARLY GROWTH will use its best efforts in assisting CLIENT in enforcing said warranties as necessary. CLIENT is responsible for maintaining proper back ups of all data.
Warranties Limitations. 8.1. AMEDISYS acknowledges and agrees that the Service and the services provided thereunder involve complex computer hardware, software and Internet and other communications networks that are not necessarily free from defects or able to operate without interruption and that HQS does not warrant the same. HQS warrants to AMEDISYS on a continuing basis that the Service shall be available to AMEDISYS for a minimum of 99% of the scheduled uptime (as defined in HQS Customer Support Policy), but only in the absence of fault, negligence or breach of agreement by AMEDISYS or any other third party that causes or contributes to unavailability or impairment of the Service. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE AS SET FORTH lN SECTION 8.2 BELOW. NOTWITHSTANDING THE FOREGOING, HQS DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE FOR UNAVAILABILITY OF THE SERVICE WHEN SUCH UNAVAILABILITY IS CAUSED BY (I) ACTS OR OMISSIONS OF ANY THIRD PARTIES, (II) FAILURE OF THIRD PARTY SYSTEMS OR EQUIPMENT OR (III) OTHER EVENTS BEYOND HQS COMMERCIALLY REASONABLE CONTROL. HQS DOES NOT WARRANT THAT THE SERVICE OR HQS SOFTWARE ARE FREE FROM ERRORS OR DEFECTS AND HEREBY DISCLAIM ANY AND ALL LIABILITIES ARISING THEREFROM.
8.2. As its sole and exclusive remedy for breach of warranty under Section 8.1 above and as its sole and exclusive remedy for failure of the Service in whole or in part to be substantially available to AMEDISYS, AMEDISYS agrees that if the breach of warranty or failure is caused solely by events within HQS' commercially reasonable control, HQS shall credit AMEDISYS at the rate of 10% of AMEDISYS base charge amount for the affected month for every 1 % of Scheduled Uptime by which the availability of the substantial functionality of the Service in that month falls below 99% of Scheduled Uptime.
8.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HQS MAKES NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING, RELATING TO THE SERVICE OR HQS SOFTWARE. THE SERVICE IS MERELY A REPOSITORY OF INFORMATION PROVIDED BY OTHERS AND HQS MAKES NO REPRESENTATION OR WARRANTY AS TO THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICE AMEDISYS HEREBY ACKNOWLEDGE THAT AMEDISYS HAVES NOT RELIED UPON ANY WARRANTY, CONDITION, GUARANTY OR REPRESENTATIO...
Warranties Limitations. (a) Extreme Logic warrants to Firstwave that it is the owner of the Software and has the right to grant the License granted herein and the Software does not and shall not infringe any third party’s Intellectual Property Rights. Firstwave’s sole remedy and Extreme Logic’s sole liability for any breach of this warranty shall be the remedies set forth in Section 15 below.
(b) The parties agree and acknowledge that the Software is comprised of software code components, is not a stand-alone application, and has no applicable documentation. EXCEPT AS SET FORTH IN Section 6(a), EXTREME LOGIC DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE SOFTWARE, PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranties Limitations. 7.1 The parties represent and warrant that they have the unfettered right to enter into this Agreement.
7.2 Company will indemnify and hold harmless University, its trustees, officers, employees and agents from and against any liabilities, damages, or claims (including attorneys' fees) arising out of injuries (including death) or property damage suffered by any person arising out of Company’s use or possession of the results or Inventions produced hereunder or as a result of Company’s negligence or willful misconduct in the performance of this Agreement and any resulting service orders.
7.3 Company makes no representation that the use of Company Proprietary Information or Materials will not infringe any intellectual property rights or other rights of any third party.
7.4 Company represents and warrants that no seed or other plant materials provided by Company to University have been obtained or developed in a manner that Company has reason to believe has involved:
(a) breach of any confidential, fiduciary, partnership, master-servant or agency relationship arising under law:
(b) breach of any obligation arising under contract, regardless of the identity of the parties to the contract;
(c) tortious trespass to land or buildings used or occupied by third parties;
(d) violation of any valid law or administrative regulation;
(e) violation of any treaty.
7.5 University represents and warrants that it is authorized by the appropriate and applicable U.S. regulatory and/or governmental authority(ies) to handle and screen the pests and/or plants required to perform the Services hereunder.
7.6 University further represents and warrants that it will perform all Services hereunder in accordance with the appropriate and applicable regulatory and/or governmental rules, regulations, laws and/or guidelines.
Warranties Limitations. 8.1. To the maximum extent permitted by applicable law and except as otherwise expressly stated in this agreement, the Application Content is provided to you “as is”, and LX hereby disclaims all warranties, express or implied, including and without limiting the generality of the foregoing, any implied warranty of merchantability and fitness for a particular purpose.
8.2. To the maximum extent permitted by applicable law and except as otherwise expressly stated in this agreement, LX disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from or arising from the use of the Application Content including:
a. Any errors in or omissions from the website or the content, including but not limited to technical inaccuracies, typographical errors, and incomplete data
b. Any third-party websites or information or data accessed through links in the application,
c. Your use of the Application Content, and/or
d. Your use of any equipment or software in connection with the Application
8.3. In no event shall LX be liable for:
a. Incidental, indirect, special, punitive, exemplary or consequential damages; or
b. Loss of or damage to data from any cause beyond LX’s willful acts, including without limitation loss of use, revenues, profits or savings.
8.4. If, notwithstanding the foregoing, liability can be imposed on LX, then you agree that the aggregate liability of LX for any and all losses or injuries arising out of any act or omission of LX in connection with anything to be done or furnished under this agreement, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the fees actually paid by you to LX under this agreement during the twelve (12) months immediately prior to the event giving rise to the claim.
