Common use of Warranty Disclaimer and Limitations Clause in Contracts

Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREIN, LICENSOR PROVIDES THE LICENSED SOFTWARE AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES.

Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREINEXCEPT AS SET FORTH IN SECTIONS 7.1 OR 7.2 ABOVE, LICENSOR PROVIDES IN EXHIBIT B, OR IN EXHIBIT C, THE LICENSED SOFTWARE TALEND SOFTWARE, THE SERVICES AND THE TALEND CLOUD SERVICES ARE PROVIDED “AS IS, ” WITHOUT WARRANTY OF ANY KIND, AND TALEND AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE TALEND SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES OR TALEND CLOUD SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSOR DISCLAIMS TALEND AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY NON-INFRINGMENT WITH RESPECT TO THE TALEND SOFTWARE, DOCUMENTATION, SERVICES AND TALEND CLOUD SERVICES PROVIDED BY TALEND HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, TALEND DOES NOT WARRANT RESULTS OF USE OR THAT THE TALEND SOFTWARE, LEARNING SERVICES AND/OR TALEND CLOUD SERVICES WILL BE ERROR FREE OR THAT THE CUSTOMER’S USE OF THE TALEND SOFTWARE, DELIVERABLES, LEARNING SERVICES AND/OR TALEND CLOUD SERVICES WILL BE UNINTERRUPTED. TALEND USES A THIRD-PARTY DATA CENTER TO HOST THE TALEND CLOUD SERVICES. CUSTOMER ACKNOWLEDGES THAT TALEND DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD-PARTY FACILITIES, INCLUDING THE INTERNET, AND THAT THE TALEND CLOUD SERVICES AND/OR LEARNING SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD PARTY FACILITIES. TALEND IS NOT RESPONSIBLE FOR ANY SUBJECT MATTER OF THIS AGREEMENTDELAYS, UNDER ANY EQUITYDELIVERY FAILURES, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES DAMAGE RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGESPROBLEMS.

Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREINEXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1, LICENSOR PROVIDES SECTION 7.2, AND SECTION 7.3, THE LICENSED SOFTWARE SERVICE, THE PLATFORM, THE WEBSITE, ANY BETA FEATURES, ANY FREE PRODUCTS, THEIR COMPONENTS, THE DOCUMENTATION, THE SUPPORT SERVICES, ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS, ” WITHOUT WARRANTY OF ANY KIND, AND STITCH AND ITS LICENSORS MAKE NO WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICE, THE PLATFORM, THE WEBSITE, ANY BETA FEATURES, ANY FREE PRODUCTS, THEIR COMPONENTS, THE DOCUMENTATION, THE SUPPORT SERVICES, AND ANY OTHER MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSOR DISCLAIMS STITCH AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM, DOCUMENTATION, AND SERVICES PROVIDED BY STITCH HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING, AND ANY SUBJECT WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FURTHER, STITCH DOES NOT WARRANT RESULTS OF USE OR THAT THE PLATFORM WILL BE ERROR-FREE OR THAT THE CUSTOMER’S USE OF THE PLATFORM WILL BE UNINTERRUPTED. TO THE EXTENT THAT EITHER PARTY MAY NOT AS A MATTER OF THIS AGREEMENTAPPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WITHOUT LIMITING THE FOREGOING, NEITHER STITCH, STITCH’S AFFILIATES, NOR STITCH’S LICENSORS WARRANT THAT THE CONTENT YOU RECEIVE THROUGH THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE WILL BE AVAILABLE AT ANY EQUITYPARTICULAR TIME OR LOCATION, COMMON LAWUNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, TORTTHE BETA FEATURES, CONTRACTTHE FREE PRODUCTS, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY THE PLATFORM AND/OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER THEORYHARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM OR THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY (A) INCIDENTALDAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE, SPECIALTHE BETA FEATURES, PUNITIVETHE FREE PRODUCTS, CONSEQUENTIAL THE PLATFORM OR INDIRECT DAMAGESTHE WEBSITE. STITCH USES A THIRD-PARTY DATA CENTER TO HOST THE PLATFORM. CUSTOMER ACKNOWLEDGES THAT STITCH DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD-PARTY FACILITIES, (B) DAMAGES INCLUDING THE INTERNET, AND THAT THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD-PARTY FACILITIES. STITCH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGESPROBLEMS.

Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREIN, LICENSOR PROVIDES THE LICENSED TALEND SOFTWARE IS PROVIDED “AS IS, ” WITHOUT WARRANTY OF ANY KIND, AND TALEND AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE TALEND CLOUD SERVICES, THE REMOTE ENGINE OR THE DOCUMENTATION FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSOR DISCLAIMS TALEND AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY NON-INFRINGMENT WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR THE TALEND CLOUD SERVICES, EVEN IF THE REMEDIES REMOTE ENGINE AND THE DOCUMENTATION PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE BY TALEND HEREUNDER, AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED WITH RESPECT TO THE USE OF THE POSSIBILITY FOREGOING. FURTHER, TALEND DOES NOT WARRANT RESULTS OF ANY USE OR THAT THE TALEND CLOUD SERVICES AND/OR THE REMOTE ENGINE WILL BE ERROR FREE OR THAT THE YOU’S USE OF THE FOREGOING DAMAGESTALEND SOFTWARE WILL BE UNINTERRUPTED.

Warranty Disclaimer and Limitations. NOTWITHSTANDING ANYTHING ELSE HEREINEXCEPT AS SET FORTH IN SECTION 7.1, LICENSOR PROVIDES ALL PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE LICENSED SUPPORT SERVICES, TRAINING SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, ” WITHOUT WARRANTY OF ANY KIND, AND TIER1APP MAKES NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING THERETO. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSOR TIER1APP SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH LICENSEE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY NON-INFRINGEMENT WITH RESPECT TO ANY SUBJECT MATTER OF THE PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, UNDER ANY EQUITYINCLUDING WITHOUT LIMITATION THE SOFTWARE, COMMON LAWDOCUMENTATION, TORTSUPPORT SERVICES AND TRAINING SERVICES PROVIDED BY TIER1APP HEREUNDER, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF AND WITH RESPECT TO THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH OTHER PARTY OR ENTITY HAS BEEN ADVISED USE OF THE POSSIBILITY FOREGOING. FURTHER, TIER1APP DOES NOT WARRANT RESULTS OF ANY USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE YOUR USE OF THE FOREGOING DAMAGESSOFTWARE WILL BE UNINTERRUPTED. IN THE EVENT THAT APPLICABLE LAW DOES NOT PERMIT SOME OR ALL OF THE DISCLAIMER SET FORTH HEREIN, ANY LIABILITY WILL BE SUBJECT TO THE LIMITATION OF LIABILITY IN SECTION 10.