Warranty and Limitations of Liability. There is no warranty for the Service and the Software Milkman to the extent permitted by applicable law, except when otherwise stated in writing the copyright holders and/or other parties provide Software “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. the entire risk as to the quality and performance of the program is with the User. Should the Service and the Software Milkman prove defective, the User will assume the cost of all necessary servicing, repair or correction. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who modifies and/or conveys the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the program, unless a warranty or assumption of liability accompanies a copy of the program in return for a fee. This clause is not implemented in cases of wilful misconduct or gross negligence. By licensing the Service and the Software Milkman does so at his own risk and recognizes that it has been chosen due to his own preferences and guidelines.
Warranty and Limitations of Liability. 4.1 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE AGREEMENT, LICENSEE ACKNOWLEDG ES THAT THE LICENSED SOFTWARE AND ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS AND BAYER DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS, BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE LICENSED SOFTWARE WILL ACHIEVE THE RESULTS IT DESIRES. BAYER MAKES NO OTHER WARRANTIES TO LICENSEE, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
4.2 THE MAXIMUM TOTAL LIABILITY OF BAYER FOR ANY CLAIM UNDER OR RELATING TO THE AGREEMENT WHATSOEVER, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO DIRECT, PROVABLE DAMAG ES NOT TO EXCEED THE AMOUNTS PAID HEREUNDER BY LICENSEE TO BAYER. IN NO EVENT WILL BAYER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER COMMERCIAL LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 The Licensed Software does not provide medical advice and is not intended to be a substitute for professional medical judgment, diagnosis or treatment.
4.4 The remedies provided in the Agreement are the sole and exclusive remedies of the Parties.
4.5 Licensee agrees that any breach by if of any restrictions on use or confidentiality obligations contained in the Agreement may cause serious and irreparable harm to Bayer and that in the event of such a breach by Licensee, Bayer will be entitled to injunctive relief as well as any and all other remedies available at law or in equity.
Warranty and Limitations of Liability. CLP warrants its Products to be free from defects in material and workmanship. CLP’s Products are further warranted as to adequacy of design, provided the Products are used in strict accordance with CLP’s design criteria and are installed in a workmanlike manner per CLP’s installation requirements. This warranty does not apply in the event the Products are altered by any third party. CLP’s obligations under this warranty shall be limited to the replacement or repair of those Products demonstrated to be defective. Such remedy shall constitute Buyer’ssole and exclusive remedy and Buyer hereby agrees that no other remedy, including, but not limited to claims for INCIDENTAL, CONSEQUENTIAL SPECIAL OR LIQUIDATED DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OR TIME, WHATSOEVER, OR INJURY TO PERSON ON PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS shall be available to Buyer, regardless of whether the claims are asserted on the basis of warranty, negligence, strict liability or otherwise. CLP’s Warranty is for a period of one (1) year beginning with the Certificate of Occupancy date for the building. CLP MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Limitations of Liability a) SMS represents and warrants that it has the rights and authority to enter into this Agreement and to grant the rights herein described. In addition, SMS warrants that all materials supplied by SMS are accurate duplicates of the originals. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED AND NO OTHER REMEDIES FOR BREACH OF THIS WARRANTY.
b) Except for indemnities stated above, SMS shall have no liability for indirect, incidental, special or consequential damages resulting from the use of the licensed materials, including but not limited to loss of anticipated profit, even if SMS has been advised of the possibility of such damages. SMS’s liabilities for damages for any cause relating to the relationship created by this Agreement shall in no event exceed the amounts received by SMS from GRAPHSE with respect to the particular transaction which gives rise to the liability.
Warranty and Limitations of Liability. USER agrees that the SAO, it’s employees and/or representatives shall not be liable in any claim, demand, action, suit, or proceeding, including, but not limited to, any suit in law or in equity for damages by reason of or related to the services provided during the term of this agreement such as; acts arising out of any loss of data, acts of omission or the detrimental reliance on the personnel of the USER in entering, removing, or relying on information transmitted through the ESDA module, SAFES program or CJNET Information system.
Warranty and Limitations of Liability. (a) As to all PRODUCTS sold hereunder, COMPANY expresses no warranties whatsoever but only assigns to CUSTOMER all transferable warranties and remedies granted by the manufacturer of such PRODUCTS to which COMPANY is entitled and CUSTOMER agrees to look solely to such manufacturers with regard to claims and remedies relating to such PRODUCTS. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AS ALLOWED FOR UNDER APPLICABLE LAW, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY. COMPANY MAKES NO WARRANTIES AND REPRESENTATIONS, AS TO QUALITY, CAPABILITIES, OPERATIONS, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, PERFORMANCE AND SUITABILITY OF THE PRODUCTS.
Warranty and Limitations of Liability. Inspirestock warrants this CD to be free from defects in material and workmanship for 60 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disc or refund of the purchase price, at Inspirestock’s option. NEITHER Inspirestock, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES. IF Inspirestock SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF Inspirestock SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE DISC. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND Inspirestock IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.
Warranty and Limitations of Liability. 9.1. Limited warranty The Supplier, its directors, officers, employees, representatives, agents or suppliers do not guarantee that the data or files sent or received will be without being corrupted or transmitted within a reasonable time, that these data or files will not be intercepted, that other users will not have access to the Subscriber's computer equipment, or that the content or other items accessible by the Service will not contain any viruses or other harmful elements or that they will not be stored in caches with various transit sites on the Internet. Also, the Supplier, its directors, officers, employees, representatives, agents or suppliers do not guarantee or guarantee the confidentiality of users of the Service and assume no responsibility in this regard. It is recommended to the Subscriber not to use the Service for the transmission of confidential data.
Warranty and Limitations of Liability. 13.1 INTELLETRACE MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Limitations of Liability. 6.1 The Vendor is not liable for medical decisions taken on the basis of reports in any way. A report is not a medical diagnosis; it is only an analytical tool for potential diagnosis. For the avoidance of doubt, any medical diagnose is solely the responsibility of the medical professionals.
6.2 In no event and no matter the circumstances shall the Owner or the Vendor be liable for any loss of anticipated profit, loss of data, damage to records or data or any indirect, special, incidental or consequential damages or loss (including the loss of goodwill, or loss as a consequence of any kind of business interruption) arising out of or in connection with this XXXX, performance of the Software and the results connected thereto.
6.3 The Owners and the Vendors aggregate liability towards the End-User in respect of any matters arising out of, or in connection with the Software and this XXXX, shall be limited to an amount corresponding to 50 % of all payments made under the Agreement between the parties for the period of twelve (12) months prior to the event(s) having given rise to the claim (the 'Liability Cap').
6.4 The End User shall bear full liability for the actions and omissions of its employees or sub- contractors. The End User undertakes to enforce from the entities to which it provides the Software, including any sub-licensees, that their use of the Software does not violate the Owner’s copyright on the Software.
6.5 The parties agree to exclude guarantee, warranty and any other implied obligations, not explicitly specified in this XXXX, in particular regarding merchantability of the Software and the Reports.
