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 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.

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.