Common use of Warranty and Liability Limitations Clause in Contracts

Warranty and Liability Limitations. EXCEPT 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, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE 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 DO THEY LIMIT OR EXCLUDE ANY LIABILITY

Warranty and Liability Limitations. EXCEPT AS OTHERWISE SET FORTH EXPRESSLY HEREIN, THE SOFTWARE XXXX.XXXXX DOES NOT MAKE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CGS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT PURPOSE. NEITHER XXXX.XXXXX NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHRIZED ACCESS TO XXXX.XXXXX’S OR CUSTOMER’S TRANSMISSION FACILITIES OR CPE OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF THIRD PARTY RIGHTSCUSTOMER’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 XXXX.XXXXX’S OR ITS VENDORS’ NEGLIGENCE. THERE IS NO WARRANTY ANY CLAIM AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT XXXX.XXXXX MUST BE MADE WITHIN ONE (1) YEAR OF THE SOFTWARE EVENT OF THE CLAIM OR CONTENT ONE YEAR FROM THE TERMINATION OF SERVICE WHICHEVER IS EARLIER AND XXXX.XXXXX HAS NO LIABILITY THEREAFTER. XXXX.XXXXX’S LIABILITY IS LIMITED TO REPAIR OR AGAINST INFRINGEMENTREPLACEMENT. CGS DOES XXXX.XXXXX, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY ELECT TO PROVIDE A REFUND OR CREDIT IN LIDUE OF, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT WARRANT THAT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN XXXX.XXXXX. IN NO EVENT SHALL XXXX.XXXXX’S TOTAL LIABILITY HEREUNDER EXCEED THE FUNCTIONS CONTAINED AMOUNTS PAID BY CUSTOMER TO XXXX.XXXXX IN THE SOFTWARE OR CONTENT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION PRIOR TWELVE (12) MONTHS FROM DATE 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 DO THEY LIMIT OR EXCLUDE ANY LIABILITYCLAIM.

Warranty and Liability Limitations. EXCEPT 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 CONDITIONSAlteva MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT 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 THIRD PARTY RIGHTSCUSTOMER'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. THERE IS NO WARRANTY ANY CLAIM AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT Alteva MUST BE MADE WITHIN 90 DAYS OF THE SOFTWARE EVENT OF THE CLAIM OR CONTENT 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 AGAINST INFRINGEMENTREFUND. CGS DOES 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 WARRANT THAT 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 FUNCTIONS CONTAINED AMOUNTS PAID BY CUSTOMER TO Alteva IN THE SOFTWARE OR CONTENT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION PRIOR TWELVE (12) MONTHS FROM DATE 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 DO THEY LIMIT OR EXCLUDE ANY LIABILITYCLAIM.

Warranty and Liability Limitations. EXCEPT 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 CONDITIONS19.1 RTG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTSOR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR CONTENT OR AGAINST INFRINGEMENT. CGS DOES WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER RTG NOR ITS OFFICERS, EMPLOYEES, AFFILIATES OR VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSIONS OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES OR INFORMATION WHETHER AS A RESULT OF RTG'S OR ITS SERVICE PROVIDER'S OR VENDOR'S NEGLIGENCE. IF ANY CLAIM AGAINST RTG IS CONTEMPLATED THEN RTG SHALL HAVE NO LIABILITY UNLESS THE CLAIM IS MADE IN WRITING WITHIN 30 DAYS OF THE EVENT OR 30 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER. RTG'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. 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 RTG. IN NO EVENT SHALL RTG'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO RTG IN THE SOFTWARE PRIOR THREE (3) MONTHS FROM DATE OF CLAIM. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR CONTENT WILL MEET LICENSEEDEVICE, IF ANY, BY RTG OR RTG'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 AGENTS ARE INFORMATIONAL AND ARE 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 AS A WARRANTY OR IN OF 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 DO THEY LIMIT OR EXCLUDE ANY LIABILITYKIND.

Warranty and Liability Limitations. EXCEPT AS OTHERWISE SET FORTH EXPRESSLY HEREIN, a. Warranty Limitations. THE SOFTWARE AND CONTENT IS SAAS APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT WARRANTY 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 KIND. CGS EXPRESSLY DISCLAIMS AND ALL WARRANTIES AND/OR CONDITIONSOTHER EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT ANY WARRANTIES ARISING FROM COURSE OF THIRD PARTY RIGHTSDEALING, USAGE OR TRADE PRACTICE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR CONTENT OR AGAINST INFRINGEMENT. CGS LICENSOR 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 SAAS APPLICATIONS WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR CONTENT WILL BE CORRECTEDCOMPLETELY SECURE. FURTHERMORE, CGS LICENSOR DOES NOT WARRANT AND CANNOT CONTROL THE FLOW OF DATA TO OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM LICENSOR'S NETWORK AND OTHER PORTIONS OF THE USE 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 INTERNET. b. Liability Limitation. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LICENSOR'S SOLE AND EXCLUSIVE LIABILITY TO USER UNDER THIS AGREEMENT AND ANY AMENDMENT TO THIS AGREEMENT IS LIMITED TO THE SERVICE CREDITS DESCRIBED ABOVE. c. Reliance on Limitations. THE PARTIES ACKNOWLEDGE THAT LICENSOR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE SOFTWARE OR CONTENT BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN TERMS THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED 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 DO THEY LIMIT OR EXCLUDE ANY LIABILITYESSENTIAL PURPOSE.