Common use of WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE DATA AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL INTERMAP BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. INTERMAP’S LIABILITY WILL NOT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO INTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Products may be subject to transcription and transmission errors, accordingly, the Products are provided on an 'as is,' 'as available' basis. Any use or reliance upon the Product by Customer shall be at its own risk. EXCEPT AS SET FORTH IN THIS SECTION, NEITHER ACXIOM NOR THE DATA AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF OWNER MAKES ANY KINDWARRANTIES, AND ALL WARRANTIES EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE SERVICES, DATA, OR THE MEDIA ON WHICH THE DATA IS PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NONINFRINGEMENTACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMEDPURPOSE. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT ACXIOM'S AND THE DATA AND/OWNER'S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY, WHETHER FOR NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION, SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF TO WHICH THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTEDINCIDENT RELATES. IN NO EVENT WILL INTERMAP SHALL COMPANY OR DATA OWNER BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING WITHOUT LIMITATION INCIDENTALSPECIAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. INTERMAP’S LIABILITY WILL WHETHER OR NOT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO INTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTIONFORESEEABLE AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT BUT NOT LIMITED TO LOST INCOME OR WARRANTY LOST REVENUE, WHETHER BASED IN CONTRACT, TORT OR TORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREINANY OTHER THEORY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE ALL DATA AND/OR ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR ANY SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR ANY SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL INTERMAP BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. INTERMAP’S LIABILITY WILL NOT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO INTERMAP WITH RESPECT TO THE DATA AND/OR ANY SERVICES AT ISSUE. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Products may be subject to transcription and transmission errors, accordingly, the Products are provided on an "as is," "as available" basis. Any use or reliance upon the Product by Customer shall be at its own risk. EXCEPT AS SET FORTH IN THIS SECTION, NEITHER USADATA NOR THE DATA AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF OWNER MAKES ANY KINDWARRANTIES, AND ALL WARRANTIES EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE SERVICES, DATA, OR THE MEDIA ON WHICH THE DATA IS PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NONINFRINGEMENTACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMEDPURPOSE. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT XXXXXX’S AND THE DATA AND/OWNER’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY, WHETHER FOR NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION, SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF TO WHICH THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTEDINCIDENT RELATES. IN NO EVENT WILL INTERMAP SHALL CUSTOMER OR DATA OWNER BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING WITHOUT LIMITATION INCIDENTALSPECIAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. INTERMAP’S LIABILITY WILL WHETHER OR NOT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO INTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTIONFORESEEABLE AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT BUT NOT LIMITED TO LOST INCOME OR WARRANTY LOST REVENUE, WHETHER BASED IN CONTRACT, TORT OR TORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREINANY OTHER THEORY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE DATA AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY Snapfinger does not warrant that Snapfinger or the System will operate without interruption or be error-free. SNAPFINGER DISCLAIMS ALL WARRANTIES OF ANY KIND, AND ALL WARRANTIES EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMEDPURPOSE. SNAPFINGER SHALL NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL INTERMAP BE LIABLE FOR ANY CLAIM SPECIAL, INDIRECT, INCIDENTAL OR LOSS INCURRED BY CUSTOMERCONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION INCIDENTALLIMITATION, INDIRECTDAMAGES BASED ON LOSS OF PROFIT, SPECIALLOSS OF DATA OR COMPUTER TIME, CONSEQUENTIAL OR EXEMPLARY DAMAGESALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF SNAPFINGER IS ADVISED IN ADVANCE OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. INTERMAPSNAPFINGER’S TOTAL LIABILITY WILL NOT EXCEED TO SUBSCRIBER UNDER ANY PROVISION OF THIS AGREEMENT (OTHER THAN INDEMNIFICATION UNDER SECTION 5) OR FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES RELATING TO THE LICENSE FEES SYSTEM OR SNAPFINGER (WHETHER BASED ON TORT, CONTRACT, OR OTHERWISE), EXCLUDING CLAIMS BASED UPON THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SNAPFINGER, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER SUBSCRIBER TO INTERMAP WITH RESPECT SNAPFINGER WITHIN THE PRIOR 3 MONTH PERIOD FOR THE SERVICES GIVING RISE TO THE DATA AND/OR SERVICES AT ISSUELIABILITY. EACH OF THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT PARTIES RELIED ON THIS LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREININ ENTERING INTO THIS AGREEMENT.