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. L90 makes no warranties of any kind, whether express or implied, as to the subject matter of this Agreement, including any warranty of merchantability or fitness for a particular purpose. L90 shall not be liable for the actions or omissions of any Advertiser in connection with such advertiser's utilizing any advertising space on the Websites, nor for the content of any such Advertiser's Banner or other advertising materials. L90 shall not be liable for any unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IN NO EVENT WILL L90'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS TO THE COMPANY. Should L90 be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of Company, Company's agents or employees or any other entity or person employed at Company's premises, or by changes in the services, or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90's reasonable control, then L90 shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company expressly agrees that its sole right and remedy therefor shall be an extension of time.
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. YOUR USE OF THE WEBSITE IS AT ITS OWN RISK. THE WEBSITE AND THE WEBSITE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. MASTERCARD MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS MERCHANTABILITY, COURSE OF DEALING OR TRADE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. MASTERCARD DOES NOT WARRANT THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE. MASTERCARD DOES NOT WARRANT THAT ALL ERRORS CAN BE OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE WITHOUT ERROR. IN NO EVENT SHALL MASTERCARD BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, USE, OR INFORMATION UNDER THIS XXXX. IN NO EVENT SHALL MASTERCARD HAVE ANY LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS XXXX IN EXCESS OF $100 (U.S.).
