Common use of Warranty and Liability Limitations Clause in Contracts

Warranty and Liability Limitations. Alteva MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Alteva NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Alteva MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Alteva HAS NO LIABILITY THEREAFTER. Alteva'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Alteva. IN NO EVENT SHALL Alteva'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO Alteva IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

Warranty and Liability Limitations. Alteva XXX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Alteva XXX NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S XXX OR CUSTOMEREND USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMEREND USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S OR ITS VENDORS' XXX? NEGLIGENCE. ANY CLAIM AGAINST Alteva XXX MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Alteva XXX HAS NO LIABILITY THEREAFTER. Alteva'S XXX’ LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva XXX MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN AltevaXXX. IN NO EVENT SHALL Alteva'S XXX’ TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER END USER TO Alteva XXX IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

Warranty and Liability Limitations. Alteva 19.1 RTG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Alteva RTG NOR ITS OFFICERS, EMPLOYEES, AFFILIATES OR VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S OUR OR CUSTOMER'S TRANSMISSION FACILITIES YOUR TRANSMISSIONS OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR TO, ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES FILES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF AltevaRTG'S OR ITS VENDORS' SERVICE PROVIDER'S OR VENDOR'S NEGLIGENCE. IF ANY CLAIM AGAINST Alteva MUST BE RTG IS CONTEMPLATED THEN RTG SHALL HAVE NO LIABILITY UNLESS THE CLAIM IS MADE IN WRITING WITHIN 90 30 DAYS OF THE EVENT OF THE CLAIM OR 90 30 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Alteva HAS NO LIABILITY THEREAFTEREARLIER. AltevaRTG'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, INSTALLATION OR REPAIRS BY ANYONE OTHER THAN AltevaRTG. IN NO EVENT SHALL AltevaRTG'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER YOU TO Alteva RTG IN THE PRIOR TWELVE THREE (123) MONTHS FROM DATE OF CLAIM. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY RTG OR RTG'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

Warranty and Liability Limitations. Alteva MAKES NO WARRANTIESEXCEPT AS OTHERWISE SET FORTH EXPRESSLY HEREIN, THE SOFTWARE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CGS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR CONTENT OR AGAINST INFRINGEMENT. CGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR CONTENT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR CONTENT WILL BE CORRECTED. FURTHERMORE, CGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CGS OR A CGS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE SOFTWARE AND CONTENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OR CONTENT OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER Alteva NOR ITS VENDORS WILL DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CGS'S NEGLIGENCE. UNDER NO CIRCUMSTANCES SHALL CGS BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATIONANY DIRECT, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILESINDIRECT, PROGRAMSINCIDENTAL, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESSPECIAL, OR ANY OTHER METHOD, REGARDLESS CONSEQUENTIAL DAMAGES ARISING OUT OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Alteva MUST BE MADE WITHIN 90 DAYS RELATING TO THIS LICENSE OR THE USE OF THE EVENT SOFTWARE, CONTENT, DOCUMENTATION, OR OTHER ACCOMPANYING MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY. INDEPENDENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICEFOREGOING LIABILITY LIMITATION, WHICHEVER IS EARLIER AND Alteva HAS NO LIABILITY THEREAFTER. Alteva'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Alteva. IN NO EVENT SHALL AltevaCGS'S TOTAL LIABILITY HEREUNDER TO LICENSEE OR ANYONE ELSE EXCEED THE AMOUNTS AMOUNT LICENSEE HAS PAID BY CUSTOMER TO Alteva IN CGS FOR THE PRIOR TWELVE RIGHTS GRANTED UNDER THIS AGREEMENT OR THE AMOUNT OF FIVE HUNDRED DOLLARS (12) MONTHS FROM DATE OF CLAIM$500.00 U.S.), WHICHEVER IS GREATER.

Warranty and Liability Limitations. Alteva MAKES a. Warranty Limitations. THE SAAS APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS, AND USER'S USE OF THE SAAS APPLICATIONS ARE AT ITS OWN RISK. LICENSOR WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SAAS APPLICATIONS. HOWEVER, LICENSOR PROVIDES NO WARRANTIES WHATSOEVER AND LICENSOR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER Alteva NOR ITS VENDORS LICENSOR DOES NOT WARRANT THAT THE SAAS APPLICATIONS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S UNINTERRUPTED, ERROR-FREE, OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS COMPLETELY SECURE. LICENSOR DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMERFROM LICENSOR'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY NETWORK AND OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Alteva MUST BE MADE WITHIN 90 DAYS PORTIONS OF THE EVENT INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER'S AND/OR LICENSOR CONNECTIONS TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Alteva HAS NO LIABILITY THEREAFTER. Alteva'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Alteva. IN NO EVENT SHALL Alteva'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO Alteva IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIMINTERNET.

Warranty and Liability Limitations. Alteva MAKES NO XXXX.XXXXX DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Alteva XXXX.XXXXX NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED UNAUTHRIZED ACCESS TO Alteva'S XXXX.XXXXX’S OR CUSTOMER'S ’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT CPE OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S ’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S XXXX.XXXXX’S OR ITS VENDORS' ’ NEGLIGENCE. ANY CLAIM AGAINST Alteva XXXX.XXXXX MUST BE MADE WITHIN 90 DAYS ONE (1) YEAR OF THE EVENT OF THE CLAIM OR 90 DAYS ONE YEAR FROM THE TERMINATION OF SERVICE, SERVICE WHICHEVER IS EARLIER AND Alteva XXXX.XXXXX HAS NO LIABILITY THEREAFTER. Alteva'S XXXX.XXXXX’S LIABILITY IS LIMITED TO REPAIRREPAIR OR REPLACEMENT. XXXX.XXXXX, REPLACEMENTIN ITS SOLE AND ABSOLUTE DISCRETION, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND OR CREDIT IN LIEU OF CREDITLIDUE OF, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN AltevaXXXX.XXXXX. IN NO EVENT SHALL Alteva'S XXXX.XXXXX’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO Alteva XXXX.XXXXX IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.