WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. Except as expressly provided for in this Agreement, the GSDS is provided to Contractor “AS-IS” and without any express or implied warranties of any kind. County hereby disclaims all express or implied conditions, reservations, and warranties whatsoever, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement or arising from a course of dealing, usage, or trade practice. County does not warrant, guarantee or make any representations regarding the use or the results of the use of the GSDS inters of its accuracy, condition, completeness, suitability, reliability, currentness, or performance. The GSDS is NOT a plat survey, whether legally recorded or otherwise, and is not intended for use as such.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Nothing in this Agreement shall be construed as:
(a) A warranty or representation by PTI as to the validity or scope of any Licensed Patent;
(b) A warranty or representation that any Licensed Product, Licensed Process, Licensed Technology, Know-how, or Licensee Improvement, or anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights, trademarks, trade secrets, or other intellectual property of third parties;
(c) An obligation of PTI to bring or prosecute actions or suits against third parties for infringement;
(d) Conferring rights on Licensee to use in advertising, publicity or otherwise any trademark of, or the name of, PTI or PROTEOMTECH, INC.; or
(e) Granting by implication, estoppel or otherwise any license or transfer under patents of PTI other than Licensed Patents, regardless of whether such other patents are dominant of or subordinate to any Licensed Patent.
8.2 THE LICENSED TECHNOLOGY, THE KNOW-HOW AND THE LICENSED PATENTS ARE PROVIDED ON AN AS-IS, WHERE-IS, AS-AVAILABLE BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PTI DISCLAIMS ALL REPRESENTATIONS AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE PARTIES DISCLAIM ANY APPLICABILITY OF THE UNIFORM COMMERCIAL CODE OR UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. PTI ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE OR OTHER DISPOSITION BY LICENSEE OR ITS VENDEES OR SUBLICENSEES OF LICENSED PRODUCTS OR LICENSED PROCESSES.
8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTI BE LIABLE TO LICENSEE, ANY SUBLICENSEE, OR ANY OTHER PERSON FOR ANY CLAIM ARISING FROM, BASED UPON OR SEEKING: (A) ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED TECHNOLOGY, KNOW-HOW, LICENSED PATENTS, LICENSED PRODUCTS, LICENSED PROCESSES, OR LICENSEE IMPROVEMENTS, EVEN IF PTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS SUCH DAMAGE HAS BEEN CAUSED BY PTI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (B) ANY LOST PROFIT OR LO...
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied with the agreed terms of payment, IDENTEC warrants, subject to the conditions hereunder, that at the time of delivery of the Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in connection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer.
8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The wa...
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. LIMITED WARRANTY. PeopleSupport agrees to perform the Services with a degree of care, skill and competence consistent with or exceeding customary industry standards, and in accordance with any and all Performance Objectives established by the Parties in any SOW. Subject to reasonable advance written notice to PeopleSupport, Client shall have the right, during normal business hours, to monitor, observe, review and inspect (to the extent directly related to Services) PeopleSupport's security program, facilities, resources, personnel performance, records, compliance with the terms and provisions herein and to meet with and interview all personnel responsible for Services in order to determine whether PeopleSupport has met its Performance Objectives and other obligations hereunder.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Pre-release Services are not at the level of performance or compatibility of a final, generally available product offering. The Pre-release Services have not been completely tested and will contain defects or deficiencies, some of which cannot or may not be corrected. Pre-release Services may not operate as expected. You acknowledge that all use, testing, research and development performed by you pursuant to this Test Agreement are done entirely at your own risk. You further acknowledge that the Pre-release Services and their use may result in unexpected results, loss of data, or other unpredictable damage or loss to you.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. (a) NO PARTY MAKES ANY WARRANTY WHATSOEVER WITH RESPECT TO ITS UNDERTAKINGS PURSUANT TO THIS AGREEMENT, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(b) IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 6.1 The limited warranty provided by Parazero to Delta in respect of the Products under this Agreement shall be Parazero’s standard warranty as shall be in effect from time to time. Other than set forth in the standard warranty, Parazero makes no warranties, representations or guarantees that operation of the Products shall be uninterrupted or error free. Parazero’s sole liability is that the Products shall comply with its specifications and configurations.
6.2 Any warranty made by Delta to its customers or any third parties is made by Delta alone and shall not bind Parazero or be deemed or considered as having been made by Parazero and service of any such warranty shall be the sole responsibility of Delta. Nothing in this Agreement is or shall be construed as: (i) any warranty or representation by Parazero that anything made, used, sold or otherwise disposed of under the rights granted pursuant to this Agreement is or will be free from infringement of patents, copyrights and other rights of third parties; or (ii) an obligation on the part of Parazero to bring or prosecute actions or suits against third parties for infringement.
6.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS ARE SOLD HEREUNDER “AS IS”. PARAZERO MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.4 Parazero shall not bear any liability, whether based on contract, torts (including negligence) or any other legal theory, for incidental, consequential, indirect, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or any other damages that are not direct, arising out of or in connection with this Agreement or the performance or breach hereof. Such limitation of liability shall also apply to Parazero’s employees, directors, officers, agents or representatives.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 11.1 Docent hereby warrants and represents that:
a. it has used all reasonable endeavours to ensure (including without limitation by the use of generally available and accepted anti-virus software and procedures) that the Software, Corrections, Updates, Upgrades and FTK Enhancements are free from harmful code of any description (whether called locks, viruses, worms or otherwise) including any computer code, programming instructions or sets of instructions that are intentionally constructed to damage, interfere with or otherwise adversely affect computer programs and/or datafiles and/or hardware and/or computer systems and/or networks; and ##### CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION
b. it has the right and power to make this Agreement and that the Software, Corrections, Updates, Upgrades, FTK Enhancements and Documentation will not violate any existing Intellectual Property Right nor breach any existing agreement; and
c. for a period of ninety (90) days from delivery of the Software (the "Warranty Period"), the Software will perform substantially in accordance with its associated Documentation. If FTK reports a reproducible failure of the Software to perform substantially in accordance with its associated Documentation during the Warranty Period, FTK's sole and exclusive remedy for breach of this warranty shall be that Docent will either provide FTK with a workaround or make the Software conform to such Documentation, or in Docent's sole discretion, will refund the Licence Fee which FTK paid for the non- conforming Software upon FTK's certification that it has destroyed all copies, and ceased all use, of the non-conforming Software. Any replacement Software will be warranted for the remainder of the original 90-day warranty period or for thirty (30) days from the date FTK receives the replacement, whichever is longer. This warranty is void if failure of the Software is due to modification, abuse, misapplication or accident. This clause 11.1c shall not in any way restrict or limit Docent's liability for failure to perform the Support and Maintenance Services in accordance with this Agreement.
d. Docent warrants that the Docent Services will be performed in a professional, workmanlike and skilful manner. If FTK reports a breach of this warranty within ninety (90) days after performance of the defective services, FTK's sole and exclusive remedy shall be to require Docent to re-perform the defective Docent Services.
e. Docent d...
