Common use of Warranty and Disclaimers Clause in Contracts

Warranty and Disclaimers. Zorachka has a Limited Warranty on the Products, which is incorporated into these Sales Terms as an Incorporated Policy. Please read it carefully. AS FAR AS PERMITTED BY APPLICABLE LAW, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE ANY PRODUCTS AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF A PRODUCT AND/OR RELATED SERVICE, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME. With respect to Zorachka Products, you may choose whether to make a claim under these Sales Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. Some jurisdictions do not allow the exclusion of implied warranties, such as exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Sales Terms will affect those other legal rights.

Warranty and Disclaimers. Zorachka Licensor represents that it has the right to grant the license herein and warrants the Product to be free from defects in material and workmanship under normal use for 30 days from the date of license. Licensor’s entire liability and Licensee’s sole and exclusive remedy for a Limited Warranty on breach of the Productsforegoing warranty and with respect to any claims arising out of this Agreement is the refund of the purchase price or replacement of the Product, which is incorporated at Licensor’s option. Licensee represents and warrants that it has the right and authority to enter into these Sales Terms this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as an Incorporated Policymay be required for reproduction, have been obtained. Please read it carefully. AS FAR AS PERMITTED BY APPLICABLE LAWLICENSOR MAKES NO OTHER WARRANTIES, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU USE LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY PRODUCTS AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE OTHER PERSON OR ENTITY FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSSGENERAL, LIABILITY PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR DAMAGES RESULTING FROM YOUR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF; OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF A PRODUCT AND/OR RELATED SERVICE, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTEROR OTHERWISE, MOBILE DEVICEEVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE REPRESENTATIONS AND ALL OTHER ITEMS WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE PRODUCT AS DELIVERED BY LICENSOR AND PETS WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN YOUR HOMEANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. With respect to Zorachka Products, you may choose whether to make a claim under these Sales Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. Some jurisdictions do not allow the exclusion of implied warranties, such as exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Sales Terms will affect those other legal rightsYOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. Zorachka Licensor represents that it has the right to grant the license herein and warrants the Product to be free from defects in material and workmanship under normal use for 30 days from the date of license. Licensor’s entire liability and Licensee’s sole and exclusive remedy for a Limited Warranty on breach of the Productsforegoing warranty and with respect to any claims arising out of this Agreement is the refund of the license fee or replacement of the Product, which is incorporated at Licensor’s option. Licensee represents and warrants that it has the right and authority to enter into these Sales Terms this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as an Incorporated Policymay be required for reproduction, have been obtained. Please read it carefully. AS FAR AS PERMITTED BY APPLICABLE LAWLICENSOR MAKES NO OTHER WARRANTIES, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU USE LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY PRODUCTS AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE OTHER PERSON OR ENTITY FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSSGENERAL, LIABILITY PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR DAMAGES RESULTING FROM YOUR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF A PRODUCT AND/OR RELATED SERVICE, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTEROR OTHERWISE, MOBILE DEVICEEVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE REPRESENTATIONS AND ALL OTHER ITEMS WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE PRODUCT AS DELIVERED BY LICENSOR AND PETS WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN YOUR HOMEANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. With respect to Zorachka Products, you may choose whether to make a claim under these Sales Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. Some jurisdictions do not allow the exclusion of implied warranties, such as exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Sales Terms will affect those other legal rightsYOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.