Common use of Warranty and Disclaimers Clause in Contracts

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty (30) days from performance (“Warranty Period”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENT.

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty INTERMAP WARRANTS FOR SIXTY (3060) days from performance (“Warranty Period”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providersDAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM MATERIAL PHYSICAL DEFECTS. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to CustomerLICENSEE’S SOLE REMEDY ANDINTERMAP’S SOLE OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE FOR LICENSEE TO RETURN THE DEFECTIVE MEDIA TO INTERMAP WITHIN THE WARRANTY PERIOD, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty PeriodAND TO RECEIVE REPLACEMENT MEDIA. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. EXCEPT FOR THE LIMITED WARRANTY DISCLAIMER WITH SPECIFIED HEREIN, THE EXCEPTION PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY EXPRESS KIND, AND ALL WARRANTIES CONTAINED OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET LICENSEE’S NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL INTERMAP BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY LICENSEE, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION DBM EXPRESSLY DISCLAIMS AGREEMENT SHALL FOR ANY AND ALL OTHER REPRESENTATIONSREASON BE HELD UNENFORCEABLE OR INAPPLICABLE, WARRANTIES, OR CONDITIONS LICENSEE AGREES THAT INTERMAP’S LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE TO INTERMAP WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENTPRODUCTS AT ISSUE.

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty (30) days from performance (UNLESS OTHERWISE DISALLOWED BY LAW, SOCKET MOBILE SOFTWARE IS PROVIDED “Warranty PeriodAS IS”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. WITH ALL FAULTS, WITHOUT TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER, AND WITHOUT WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOCKET MOBILE HERBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTIES, OR CONDITIONS TERMS OF ANY KIND WITH RESPECT TO THE SERVICESSOCKET MOBILE SOFTWARE OR ANY COMPONENT THEREOF, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENTEITHER EXPRESS, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISESTATUORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, NON- INTERFERENCE, WHETHER IMPOSED BY LAW, CONTRACT, STATUTE, OR AS A RESULT OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED A COURSE OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADEDEALING, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE.. SOCKET MOBILE DOES NOT WARRANT THAT SOCKET MOBILE SOFTWARE WILL MEET YOUR REQUIREMENTS OR YOUR NEEDS; SOCKET MOBILE SOFTWARE IS OR WILL BE ERROR OR DEFECT FREE, FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES, ACCURATE, OR COMPLETE; SOCKET MOBILE SOFTWARE WILL BE ACCESSIBLE PERMANENTLY OR UNINTERRUPTED; USE OF SOCKET MOBILE SOFTWARE WILL NOT CAUSE DATA LOSS; ANY OR ALL ERRORS, DEFECTS, OR NONCONFORMITIES WILL BE CORRECTED; AND THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING SOCKET MOBILE SOFTWARE. NO SUCH WARRANTY IS IMPLIED FROM ANY DESCRIPTION OF WHICH ARE HEREBY EXCLUDED SOCKET MOBILE SOFTWARE, ANY AVAILABLE DOCUMENTATION, ANY ORAL OR WRITTEN COMMUNICATION, OR ANY OTHER COMMUNICATION OR ADVERTISEMENT. YOU EXPRESSLY AGREE THAT USE OF SOCKET MOBILE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE FULLEST EXTENT PERMITTED BY LAWSATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SOCKET MOBILE SOFTWARE IS WITH YOU. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODSSocket Mobile is under no obligation to indemnify, hold harmless, and defend You and Your successors, and assigns, and their directors, officers, employees, independent contractors and agents from any and all claims, causes of actions, lawsuits, proceedings, or any other actions, whether imposed by contract, law, statute, as a result of a course of dealing, custom, usage, or otherwise for any liabilities, damages, or losses (“Damages/Losses”). THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENTDamages/Loss shall mean any liabilities, damages or losses that include but are not limited to direct, indirect, incidental, special, consequential, or exemplary damages resulting from loss of profits, savings, income, business opportunity, or goodwill, loss of data, personal injury, property damage, environmental damage, expenses, costs, attorneys’ fees, court and other costs and expenses. All warranty claims are subject to the limitation of liability provision herein in this Agreement.

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty (30) days from performance (“Warranty Period”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to CustomerYOU AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. WARRANTY DISCLAIMER BLENDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE EXCEPTION WEBSITE AND SERVICES. BLENDY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENTKIND, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENTINCLUDING, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY. BLENDY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF QUALITYCONTENT, PRODUCTIVENESS (II) PERSONAL INJURY OR ACCURACYPROPERTY DAMAGE, EVEN OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND PARTICIPATION IN THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BLENDY’S PRODUCTS HAVE NOT BEEN PASTEURIZED AND THEREFORE MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESSES IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKEND IMMUNE SYSTEMS. OUR PRODUCTS ARE ONLY GURANTEED FRESH FOR THREE (DAYS) AFTER DELIVERY, AS THEY ARE PACKED WITH PERISHABLE NUTRIENTS AND ENZYMES. IT IS ADVISED NOT TO CONSUME THE PRODUCTS THREE (3) DAYS AFTER THEY ARE RECEIVED. DO NOT CONSUME THE PRODUCTS IF DBM THE SEALED CAP HAS BEEN ADVISED BROKEN OR APPEARS TO BE TAMPERED WITH IN ANY WAY. BLENDY ENSURES THAT ALL OUR PRODUCTS CONTAIN LABELED INGREDIENTS THAT ARE MADE AVAILABLE TO OUR CUSTOMERS. YOU ACKNOWLEDGE IT IS YOUR RESPONSIBILITY TO BE AWARE OF SAME BY CUSTOMERTHE INGREDIENTS PROVIDED IN OUR PRODUCTS. DBM DOES WE ARE NOT REPRESENT OR WARRANT THAT LIABLE FOR ANY DELIVERABLES ALLERGIC REACTIONS OR OTHER WORK PRODUCT WILL BE DEVELOPED ILLNESSES AND/OR INJURIES THAT RESULT FROM ANY CONSUMPTION OF INGREDIENTS YOU ARE ALLERGIC TO, WHETHER THE ALLERGY WAS KNOWN TO COMPLY WITH ALL APPLICABLE LOCAL LAWS YOU OR WILL BE COMPLETELY FREE NOT AT THE TIME OF ERRORSCONSUMPTION. THE EXPRESS TERMS OF PRODUCTS OFFERED THROUGH THE AGREEMENT SITE ARE NOT INTENDED NOR SHOULD THEY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN LIEU OF ALL ANY WAY. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE BEFORE ORDERING ANY PRODUCT FROM THIS SITE. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS RESPONSIBLE INDIVIDUAL HEEDS THE FOREGOING WARNINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH FOLLOWS THE FOREGOING INSTRUCTIONS AND ANY OTHER INSTRUCTIONS INCLUDED WITH THE PRODUCTS. YOU ARE HEREBY EXCLUDED TO SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS PRODUCTS ARE APPROPRIATE FOR THE PROVISION OF SERVICES USE AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENTCONSUMPTION.

Warranty and Disclaimers. i. Warranty DBM Xxxx Look Photography warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Image(s) will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a period breach of thirty (30) days from performance (“Warranty Period”) that this warranty being the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion replacement of the Services which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM Image(s)). General Disclaimers and Limitation of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL Liability Xxxx Look Photography MAKES NO OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENTREGARDING THE IMAGES, STATUTORY OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE. Xxxx Look Photography SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, NON-INFRINGEMENTPUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF QUALITY, PRODUCTIVENESS LICENSEE'S USE OF THE IMAGES OR ACCURACYOTHERWISE, EVEN IF DBM Xxxx Look Photography HAS BEEN ADVISED OF SAME BY CUSTOMERTHE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. DBM DOES NOT REPRESENT Xxxx Look Photography''S MAXIMUM LIABILITY ARISING OUT OF OR WARRANT THAT ANY DELIVERABLES IN CONNECTION WITH LICENSEE'S USE OF OR OTHER WORK PRODUCT WILL BE DEVELOPED INABILITY TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. USE THE EXPRESS TERMS OF THE AGREEMENT ARE IMAGES (WHETHER IN LIEU OF ALL OTHER WARRANTIESCONTRACT, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING TORT OR OTHERWISE) SHALL, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE IMAGE(S). THE REPRESENTATIONS AND WARRANTIES MADE BY Xxxx Look Photography IN THIS AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT ONLY TO THE IMAGE(S) AS DELIVERED BY Xxxx Look Photography AND WILL BE INVALID IF THE IMAGE(S) IS (ARE) USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. i. Warranty DBM FhG/IPA and Developer warrants for a period of thirty (30) days from performance (“Warranty Period”) that it will perform the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform under this Agreement and any separately agreed FTP with the foregoing warranty at no additional cost degree of high professional skill and sound practices and judgment which is normally exercised by recognized professional firms with respect to Customerservices of a similar nature. However, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility neither FhG/IPA and Developer, unless otherwise agreed in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable.FTP, nor anyone acting on its behalf: ii. (a) MAKES ANY WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY OR REPRESENTATION, EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONSOR IMPLIED, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF DATA OR OTHER INFORMATION FURNISHED TO IT BY ANY THIRD PARTY; OR (b) ASSUMES ANY LIABILITY FOR DIRECT, FORESEEABLE OR CONSEQUENTIAL LOSS, COST OR DAMAGE RESULTING FROM DEATH, PERSONAL INJURIES, LOSS OR DAMAGE TO PROPERTY, OR IMPAIRMENT OR DAMAGE TO ANY RIGHT, INCLUDING, BUT NOT BY WAY OF LIMITATION, THE RIGHT TO BE PAID FOR LOSS OF TIME, LOSS OF SERVICES, DELIVERABLES OR OTHERWISE ATTORNEYS’ FEES AND OTHER EXPENSES INCURRED, ARISING OUT OF OR AS A CONSEQUENCE OF THE SERVICES PERFORMED OR THE USE OR MISUSE OF ANY DATA OR OTHER INFORMATION RESULTING FROM THE SERVICES PERFORMED UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS FOREGOING SHALL NOT APPLY IN CASE OF INTENT AND GROSS NEGLIGENCE. IN CASE OF GROSS NEGLIGENCE THE LIABILITY SHALL BE LIMITED TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT DIRECT DAMAGES AND TO THE AGREEMENTAMOUNT RECEIVED BY FHG/IPA OR DEVELOPER UNDER THE AGREEMENT OR THE FTP. IN ANY CASE THE LIABILITY SHALL BE LIMITED TO THE FORESEEABLE; CONTRACTUALLY TYPICAL DAMAGES.

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty INTERMAP WARRANTS FOR SIXTY (3060) days from performance (“Warranty Period”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providersDAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM MATERIAL PHYSICAL DEFECTS. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to CustomerLICENSEE’S SOLE REMEDY AND INTERMAP’S SOLE OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE FOR LICENSEE TO RETURN THE DEFECTIVE MEDIA TO INTERMAP WITHIN THE WARRANTY PERIOD, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty PeriodAND TO RECEIVE REPLACEMENT MEDIA. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. EXCEPT FOR THE LIMITED WARRANTY DISCLAIMER WITH SPECIFIED HEREIN, THE EXCEPTION PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY EXPRESS KIND, AND ALL WARRANTIES CONTAINED OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET LICENSEE’S NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL INTERMAP BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY LICENSEE, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION DBM EXPRESSLY DISCLAIMS AGREEMENT SHALL FOR ANY AND ALL OTHER REPRESENTATIONSREASON BE HELD UNENFORCEABLE OR INAPPLICABLE, WARRANTIES, OR CONDITIONS LICENSEE AGREES THAT INTERMAP’S LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE TO INTERMAP WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENTPRODUCTS AT ISSUE.

Warranty and Disclaimers. i. Warranty DBM warrants for a period of thirty (30) days from performance (“Warranty Period”) By its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that the Services will be performed in accordance with standards generally followed by other comparable translation services providershave been mislabelled or are otherwise deceptive. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM Argon shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into damages suffered by you and/or any person as a Deliverable. iiresult of obtaining Internet access. WARRANTY DISCLAIMER WITH Argon exercises no control whatsoever over the content of the information passing through its systems. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE EXCEPTION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARGON DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONSKIND, WARRANTIESEITHER EXPRESS, IMPLIED OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTPURPOSE OR USE, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, ARISING FROM COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, ALL OR BY ANY ARGON EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND. ARGON DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. ARGON CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION or STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE ARGON WIFI NETWORK, WHICH ARE HEREBY EXCLUDED IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF ARGON. LIMITATION OF LIABILITY. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARGON BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. NOTWITHSTANDING, ARGON’ TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM YOUR USE OF THE AGREEMENT IS SERVICE SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU ON YOUR ACCOUNT FOR THE PROVISION THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW FOR A LIMITATION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL LIABILITY AS CONTEMPLATED HEREIN SO THIS LIMITATION MAY NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENTYOU.