Warranty and Limited Liability Sample Clauses

Warranty and Limited Liability. (1) Company represents and warrants that the Software shall not infringe upon any intellectual property rights, including but not limited to patents, copyrights, trade secrets and know-how, of any third party. Company’s sole obligation shall be to support services to use the Software at no charge to Customer. (2) Company shall not be liable for any loss of usage benefit or existing benefit, business interruption, incidental or consequential damage or special damages due to the using of the Software.

Warranty and Limited Liability. Software Warranty: CTC warrants that, for a period of ninety (90) days from the initial delivery of the software to You, the Software, if used by You in accordance with the Documentation, shall operate in material conformity with the Documentation for such Software. CTC does not warrant that the Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error free. CTC's entire liability, and Your exclusive remedy, under this limited Software Warranty shall be for CTC (i) to attempt, through reasonable efforts, to correct any reproducible material nonconformity discovered within the ninety (90) day warranty period; or (ii) to replace the nonconforming Software with Software which conforms to the foregoing warranty. In the event CTC is unable to cure the breach of warranty described in this section 6, after attempting the remedies described in (i) and (ii) above, You may return the Software and CTC shall refund any license and maintenance fees paid by You to CTC for the Software. The above remedies are available only if CTC is promptly notified in writing, within the warranty period, upon discovery of the nonconformity by You and CTC's examination of the Software discloses that such nonconformity exists, and that the Software has not been (i) altered or modified, other than by CTC, (ii) subjected to negligence, or computer or electrical malfunctions, or (iii) used, adjusted, or installed other than in accordance with the Documentation. Maintenance Services and Other Services Warranty: CTC warrants that any Maintenance Services or other Services performed pursuant to the terms of this Agreement shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards. CTC’s entire liability and Your exclusive remedy under this limited Maintenance Services and Other Services Warranty shall be for You to recover the fees paid for such nonconforming services Disclaimer: THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, Limitation of Liability: EXCEPT FOR CLAIMS MADE UNDER SECTION 7 (“INDEMNIFICATION”), IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT EXCEED THE AMOUNTS PAID OR DUE TO CTC HEREUNDER. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DAT...

Warranty and Limited Liability. DPI shall furnish Customer with its standard warranty in effect at the time, if any, covering the FW Service. Such warranty shall run exclusively to the Customer, and not to CFI. DPI shall not be liable to CFI for loss incurred by CFI arising from DPI’s inability to deliver the FW Service due to strike, riot, work stoppage, shortage or unavailability of product or material, act of government, act of God, war, or any other cause beyond the control of DPI. DPI MAKES NO WARRANTY TO THE PARTNER WITH RESPECT TO THE FW SERVICE OF ANY KIND, EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. THIS PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Warranty and Limited Liability. THE DE FASTLINK EQUIPMENT AND THE SERVICE(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR OUR PARENT COMPANY OR THEIR OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE DE FASTLINK EQUIPMENT OR THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. DE FASTLINK’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY DE FASTLINK OF ANY OBLIGATION DE FASTLINK MAY HAVE UNDER THIS AGREEMENT SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE. IN NO EVENT, SHALL DE FASTLINK LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE CUSTOMER DURING THE PRECEDING 30-DAY PERIOD.

Warranty and Limited Liability. 9(a) DPI MAKES NO WARRANTY TO THE PARTNER WITH RESPECT TO THE DPI SERVICE OF ANY KIND, EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. THIS PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Warranty and Limited Liability. The MDC Service is provided AS IS and AS AVAILABLE. You acknowledge that the MDC Service may be interrupted, may be limited or may not be accessible over some mobile networks. You further acknowledge that, from time to time, the MDC Service may be delayed, disrupted or interrupted and that could result in inaccuracy, delay, misdelivery or error in transmission of data or information. Information available through the MDC Service may not be current or may differ from the information that is available directly through the Credit Union website. We are not responsible for any failure to perform our obligations or provide the MDC Service due to fire, earthquake, flood or any failure or delay of computer or communication systems or other causes beyond our control. Neither we nor any service provider can foresee or anticipate technical issues or difficulties that could result in loss or deletion of data, personalized settings or interruptions in the MDC Service. We assume no liability for the operation, security or availability of any wireless device or network that you use to access the MDC Service. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE MDC SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON- INFRINGEMENT. NEITHER THE CREDIT UNION NOR ITS SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT OR OTHERWISE, EVEN IF THE CREDIT UNION OR ITS SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE CREDIT UNION OR ITS SERVICE PROVIDERS TO YOU IN CONNECTION WITH THE MDC SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEED $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Warranty and Limited Liability. 3. This XXXX sets out the full extent of CloverDX’s obligations and liabilities regarding the supply of the Software, Support and Documentation. Except as expressly stated in this XXXX, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Any condition, warranty, representation or other term concerning the supply of 4. Nothing in this XXXX shall limit CloverDX’s liability for: (i) death or personal injury resulting from CloverDX’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by English or other applicable law. The liability cap in Section 7 does not apply to this Section.

Warranty and Limited Liability. 3 The font software delivered with an app license can be The statutory warranty rights as defined in §§ 434 ff BGB shall apply with App License embedded in one mobile application with the specified app downloads. The use of font software may be used for the development of the app. the following modifications: 1 Liability for a slightly negligent violation of obligations shall be excluded insofar as such actions do not relate to damage causing injury to life, limb or health, guarantees, or the violation of essential (cardinal) contractual obli- gations, or are not based upon claims raised under the product liability act (ProdHaftG). The same shall apply accordingly to violations of obligations on the part of our vicarious agents. Cardinal contractual obligations describe obligations that are necessary in order to fulfil the purpose of the agreement.

Warranty and Limited Liability. The Online Banking Service is provided AS IS and AS AVAILABLE. You acknowledge that the Online Banking Service may be interrupted, may be limited or may not be accessible over some mobile networks. You further acknowledge that, from time to time, the Online Banking Service may be delayed, disrupted or interrupted, and that such could result in inaccuracy, delay, mis-delivery, or error in transmission of data or

Warranty and Limited Liability. 7.1 The Client indemnifies With A Midwives Help and With A Midwives Help will not be liable for any damage, harm and/or loss which the Client and/or the Parent and/or the Baby incurs as a result of: - 7.1.1 Any action not taken in relation to the Client, medical or otherwise, due to With A Midwives Help not being authorised to act in accordance with this Agreement; and 7.1.2 The Client and/or the Parent not following the advice and/or recommendations of With A Midwives Help; and 7.1.3 The Client and/or the Parent not following the guidelines of the SIDS safe sleeping campaign as stipulated in clause 5.4 of this Agreement; and 7.1.4 With A Midwives Help taking any action in accordance with clauses 5.6 and 5.7 of this Agreement; and 7.1.5 Any person providing the Services having fraudulently represented to With A Midwives Help that they have undergone the required checks and obtained the authorisations as required in clause 7.6 of this Agreement. 7.2 To the full extent as permitted by law, all guarantees, representations, terms, conditions and warranties which are not expressly stipulated in the Agreement are excluded from operation within it. If With A Midwives Help is held liable for a breach of a guarantee, representation, term, condition or warranty imposed upon the Agreement, then With A Midwives Help’s liability is, at With A Midwives Help’s option, limited to performance of its obligations in accordance with this Agreement, or, if specific performance is not possible and/or practical, to procuring the Service be rendered and/or completed by a third party. 7.3 To the full extent as permitted by law, With A Midwives Help will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity cost, loss of data out of or in connection with the Services, whether at common law, equity, tort, or pursuant to statute. 7.4 The Client warrants that neither the Client nor the Parent will disclose any advice and/or techniques and/or information provided to them by With A Midwives Help during any given Session with any other person, unless: - 7.4.1 With A Midwives Help has consented to such disclosure; and/or 7.4.2 If such disclosure is made to a medical professional in the interest of providing the Baby with medical and/or other health related treatment; and/or 7.4.3 If such disclosure is necessary and in the best interest of the Baby; and/or 7.4.4 If such disclosure is required by law. 7.5 The Client and Parent warrant that, s...