Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "AS “AS-IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, APPSPACE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. APPSPACE SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF APPSPACE. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER APPSPACE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE ERROR-FREE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM INTERRUPTIONS ERROR- FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A SUBSCRIPTION SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 2 contracts
Samples: Appspace End User Agreement, Appspace End User Agreement
Warranty Disclaimer. SYNAPTICON WARRANTS THAT THE SOFTWARE AND DOCUMENTATION CONFORMS TO THE SPECIFICATIONS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY SET FORTH HEREINEXPRESSLY GRANTED , THE PRODUCT IS PROVIDED "PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR SYNAPTICON DISCLAIMS ANY WARRANTYAND ALL OTHER WARRANTIES, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITYTO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SATISFACTORY QUALITYSYNAPTICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, INTEGRATIONAND DOES NOT WARRANT THAT THE PACKAGE WILL MEET THE CUSTOMERS REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FITNESS FOR A PARTICULAR PURPOSEERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE SYNAPTICON’ PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME THE CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PRODUCT PACKAGE TO ACHIEVE YOUR THE CUSTOMERS INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING CUSTOMERS USE OF THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSPACKAGE.
Appears in 2 contracts
Samples: Synapticons End User License Agreement, Synapticons End User License Agreement
Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT IS SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCEWITHOUT WARRANTIES OF ANY KIND. EXCEPT FOR ANY WARRANTYWE AND OUR AFFILIATES, CONDITIONSUBCONTRACTORS, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AGENTS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM VENDORS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES AND/OR REPRESENTATIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITYFUNCTIONALITY, INTEGRATIONTITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSPURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE PRODUCT SERVICES ON THE APP/THE WEBSITE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL MEET YOUR REQUIREMENTS.REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:
Appears in 2 contracts
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS AMERILYZER AND DOCUMENTATION ARE PROVIDED "TO AUTHORIZED USER “AS IS" ” AND THREATMODELER MAKES NO WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY AS OF ANY KIND. TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY PERMITTED UNDER APPLICABLE LAW. THREATMODELER, AMERILIFE, ON ITS SUPPLIERS OWN BEHALF AND AUTHORIZED PATNERS MAKE NO WARRANTYON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, CONDITIONEXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONWHETHER EXPRESS, IMPLIED, STATUTORY, OR TERM (EXPRESS OR IMPLIEDOTHERWISE, WHETHER BY STATUTEWITH RESPECT TO THE AMERILYZER AND DOCUMENTATION, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ALL IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. YOU ASSUME RESPONSIBILITY FOR SELECTING WITHOUT LIMITATION TO THE PRODUCT FOREGOING, THE AMERILIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT AMERILYZER WILL MEET THE AUTHORIZED USER’S REQUIREMENTS, MEET THE REQUIREMENTS OF THE FIDUCIARY RULE OR OTHER APPLICABLE LAW RELATED TO THE SALE OF INSURANCE PRODUCTS, ACHIEVE YOUR ANY INTENDED RESULTS, AND FOR THE INSTALLATION OFBE COMPATIBLE, USE OFOR WORK WITH ANY OTHER SOFTWARE, AND RESULTS OBTAINED FROM THE PRODUCT. APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT LIMITING THE FOREGOING PROVISIONSINTERRUPTION, THREATMODELER MAKES NO WARRANTY TIMELY, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT THE PRODUCT ANY ERRORS OR DEFECTS CAN OR WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSCORRECTED.
Appears in 2 contracts
Samples: Accessing Amerilyzer, pip1.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREININ SECTION 11.1, AND TO THE PRODUCT IS EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE WITH ALL FAULTS. CLUBWORKS, INC. AND MEDALLIA: (I) DO NOT REPRESENT OR PERFORMANCEWARRANT THAT THE (A) CLUBWORKS, INC. EXCEPT FOR PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY WARRANTYCLUB OWNER CONTENT, CONDITIONCLUBWORKS, REPRESENTATION INC. PRODUCTS DATA, OR TERM THE EXTENT TO OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT CLUBWORKS, INC. PRODUCTS WILL BE FREE OF ANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERDETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTEWITH RESPECT TO CLUBWORKS, COMMON LAWINC. PRODUCTS. CLUBWORKS, CUSTOMINC. PRODUCTS DATA, USAGE OR OTHERWISE) AS TO OTHER STORED DATA AND ANY MATTER RELATED SERVICES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTSNON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR TITLE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. YOU ASSUME RESPONSIBILITY CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. NEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, INTERNET AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS ELECTRONIC COMMUNICATIONS OR OTHER FAILURES SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR THAT WARRANTIES AS TO THE PRODUCT WILL MEET YOUR REQUIREMENTSSTATISTICAL SIGNIFICANCE OF CLUBWORKS, INC. PRODUCTS DATA OR ANY OTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, INC. PRODUCTS OR THE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, TO MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR PROMOTIONAL DECISIONS. IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE SUITABILITY OF THE CLUBWORKS, INC. PRODUCTS DATA FOR ALL USES.
Appears in 2 contracts
Samples: mxmetrics.com, mxmetrics.com
Warranty Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN SECTION 7.1, TO THE LIMITED WARRANTY SET FORTH HEREINEXTENT ALLOWED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" SOPHOS AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE THIRD-PARTY LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR PERFORMANCE. EXCEPT FOR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, REPRESENTATION OR OTHER IMPLIED TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM OR NON-INFRINGEMENT OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCT PRODUCT: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE FREE, FAILSAFE, OR FREE FROM INTERRUPTIONS OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OTHER FAILURES OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR THAT (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE PRODUCT WILL MEET YOUR REQUIREMENTSTHAT MAY ARISE FROM CUSTOMER CONTENT, THIRD PARTY SERVICES, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, NETWORKS, OR SYSTEMS OUTSIDE SOPHOS’S CONTROL.
Appears in 2 contracts
Samples: Sophos End User Terms of Use, Sophos End User Terms of Use
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH HEREININ THIS AGREEMENT, THE PRODUCT IS PROVIDED "“AS IS" AND THREATMODELER MAKES NO WARRANTY AS .” TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS THE WARRANTIES AND AUTHORIZED PATNERS MAKE NO WARRANTYREMEDIES IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, CONDITIONORAL OR WRITTEN, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED. GDI, WHETHER BY STATUTEITS SUPPLIERS, COMMON LAWAND LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES AND REMEDIES, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING PURPOSE OR THE PRODUCT USE OF REASONABLE SKILL AND CARE; ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTIES RELATING TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTSECURITY. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY OTHER PRODUCTS, SERVICES, OR ANY THIRD PARTY PRODUCTS (SOFTWARE OR HARDWARE) OR SERVICES. THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, FAULT- TOLERANT, SECURE, OR ERROR-FREE, OR THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS DEFECTS OR OTHER FAILURES INFRINGEMENT OR THAT VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF GDI AND ITS SUPPLIERS, RELATING TO ALL PRODUCTS, SERVICES, AND WARRANTIES SHALL BE, AT GDI’S OPTION, (1) TO REPAIR OR REPLACE THE PRODUCT OR RE-PERFORM THE SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY, OR (2) PROVIDE A REFUND OF THE THEN- CURRENT REASONABLE COMMERCIAL VALUE (IF ANY) FOR THE PRODUCT OR SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE SHALL BE NO REFUNDS, RETURNS, EXCHANGES, OR REPLACEMENTS. GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY THIRD PARTY HARDWARE PRODUCTS, AND GDI WILL MEET YOUR REQUIREMENTSPASS THROUGH ANY THIRD PARTY WARRANTY TO CUSTOMER AS PERMITTED.
Appears in 2 contracts
Samples: Terms and Conditions License and Purchase Agreement, Terms and Conditions License and Purchase Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCT IS PROVIDED "AS IS" FULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER EXTRAHOP MAKES NO WARRANTY THAT THE PRODUCT OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE ERROR-FREE SECURE OR FREE FROM INTERRUPTIONS ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER FAILURES SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR THAT POSSIBLE IN THE PRODUCT WILL MEET YOUR REQUIREMENTSCUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 12 (LIMITED WARRANTY), MATCHBOOK AND ANY REPORTS GENERATED FROM MATCHBOOK ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. SBIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, AND THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE, OR BY COURSE OF DEALING. SBIS MAKES NO REPRESENTATION OR WARRANTY THAT MATCHBOOK OR ANY REPORT GENERATED FROM MATCHBOOK IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE LIMITED OPERATION OF MATCHBOOK, OR THE UNDERLYING VALUATION TOOLS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN MATCHBOOK WILL BE CORRECTED. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF MATCHBOOK IS AT USER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SBIS OR SBIS’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY SET FORTH HEREIN, OR IN ANY WAY INCREASE THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER SCOPE OF THE WARRANTIES CONTAINED IN SECTION 12. SBIS MAKES NO WARRANTY AS TO ITS USE THE ADEQUACY OR PERFORMANCE. EXCEPT FOR CAPACITY OF ANY WARRANTY, CONDITION, REPRESENTATION HARDWARE OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSSOFTWARE TO ATTAIN SOME OR ALL OF THE PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, MERCHANTABILITYINCLUDING BUT NOT LIMITED TO THE TYPE OF NETWORK, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSAMOUNT OF TOTAL NETWORK TRAFFIC, AND FOR THE INSTALLATION OFTYPE AND PATTERN OF USAGE OF MATCHBOOK ON THE NETWORK, USE OF, AND RESULTS OBTAINED FROM WILL IMPACT THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSPERFORMANCE OF MATCHBOOK.
Appears in 2 contracts
Samples: Matchbook User License Agreement, License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT LIMITING ANY WARRANTYGUARANTEE, CONDITION, REPRESENTATION WARRANTY OR TERM THE EXTENT TO IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR LIMITED BY APPLICABLE LAW. THREATMODELERIMPLIED REPRESENTATIONS, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWARRANTIES, CONDITION, REPRESENTATIONGUARANTEES, OR TERM CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY , NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSLICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND FOR THE INSTALLATION OFANY WARRANTIES ARISING FROM A COURSE OF DEALING, USE OFUSAGE, AND RESULTS OBTAINED FROM THE PRODUCTOR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES NO WARRANTY NUIX DOES NOT WARRANT THAT THE PRODUCT SOFTWARE OR OTHER PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER FAILURES PRODUCTS WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 12 WILL MEET YOUR REQUIREMENTS.NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SUBJECT TO SECTION 13.3.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINSERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), THE PRODUCT IS ARE PROVIDED "TO YOU “AS IS" ” AND THREATMODELER MAKES NO “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY AS OF ANY KIND. TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY PERMITTED UNDER APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND AUTHORIZED PATNERS MAKE NO WARRANTYCONDITIONS, CONDITIONWHETHER EXPRESS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS , WITH RESPECT TO ANY MATTER INCLUDINGTHE SERVICE, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATIONDURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE AND NON-INFRINGEMENT, AND FOR THE INSTALLATION OFWARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, USE OFCOURSE OF PERFORMANCE, AND RESULTS OBTAINED FROM THE PRODUCTUSAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY REPRESENTATION OF ANY KIND, THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINEXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND 12.2, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYDYNATRACE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONWHETHER WRITTEN, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERORAL, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYEXPRESS, CONDITION, REPRESENTATIONIMPLIED, OR TERM (EXPRESS OR IMPLIEDSTATUTORY, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT LIMITATION THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE PRODUCT TO ACHIEVE YOUR INTENDED ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE INSTALLATION OFUSE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, USE OFSOFTWARE, AND RESULTS SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED FROM THROUGH THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM INTERRUPTIONS CUSTOMER’S SITE(S) OR OTHER FAILURES PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINAS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS WE MAKE NO WARRANTYWARRANTIES, CONDITION, REPRESENTATION, OR TERM (EXPRESS EXPRESSED OR IMPLIED, WHETHER CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY STATUTEUS OR A THIRD PARTY SERVICE VENDOR, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THAT THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY RIGHTSSERVICE VENDOR WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTNONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER MAKES NO WARRANTY YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE PRODUCT WILL INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, WE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN THE SERVICE SCHEDULE SHALL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT IN ADDITION TO, AND NOT IN LIEU OF, THE PRODUCT WILL MEET YOUR REQUIREMENTSDISCLAIMERS STATED HEREIN.
Appears in 2 contracts
Samples: www.firstcitizens.com, usaflightbank.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPLICITLY SET FORTH HEREIN, ON XXX.XXXXXXX.XXX/XXXXX TO THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED ALLOWED BY APPLICABLE LAW. THREATMODELER, NEITHER SANGOMA, NOR ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYTHIRD-PARTY LICENSORS OR SUPPLIERS, CONDITIONNOR ITS DIRECTORS, REPRESENTATIONOFFICERS, EMPLOYEES, OR TERM (AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU OR ANY END USER, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF MERCHANTIBILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY SUCH PERSON OR ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU ASSUME RESPONSIBILITY FOR SELECTING ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR ECONOMIC DAMAGE OR INJURY TO PROPERTY, INCLUDING LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF WHETHER SUCH PERSON OR ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF THE PRODUCT POSSIBLITY OF SUCH DAMAGES, EXEPT TO ACHIEVE YOUR INTENDED RESULTSTHE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. SOME COUNTRIES, STATES, OR PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO YOU. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF XXXXXXX’S WARRANTY AVAILABLE IN THE WARRANTY, RETURN, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSHIPPING POLICY AVAILABLE ON XXX.XXXXXXX.XXX/XXXXX.
Appears in 2 contracts
Samples: End User License Agreement, License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT IS PROPERTY AND OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, ARE PROVIDED "ON AN “AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ” BASIS WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, WARRANTIES, OR TERM (CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE INCLUDING ALL IMPLIED WARRANTIES OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT CONDITION OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY MERCHANTABLE QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU ASSUME RESPONSIBILITY ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND ITS FIXTURES PRIOR TO ENTERING INTO THIS AGREEMENT AND THAT YOU ACCEPT THE PROPERTY IN ITS PRESENT CONDITION. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION, QUALITY, SAFETY, OR SUITABILITY OF THE PROPERTY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE PROPERTY AND OUR SERVICES, OR RELATED CONTENT, FOR THE INSTALLATION OFWHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE INCLUDING IN RELATION TO ANY INACCURACIES OR FREE FROM INTERRUPTIONS OMISSIONS IN OUR SERVICES AND/OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSOUR LITERATURE.
Appears in 2 contracts
Samples: Term Rental Agreement, Term Rental Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, TO THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND AUTHORIZED PATNERS MAKE NO WARRANTYCONDITIONS, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTEINCLUDING WITHOUT LIMITATION ANY TERMS, COMMON LAWREPRESENTATIONS, CUSTOM, USAGE WARRANTIES OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITYDURABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND FOR THE INSTALLATION OFTHOSE ARISING BY STATUTE OR IN LAW, USE OF, AND RESULTS OBTAINED OR FROM THE PRODUCTA COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER MAKES NO WARRANTY THAT WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE PRODUCT PRODUCTS WILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS; (B) THE PRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT RESULTS OBTAINED FROM THEIR USE WILL MEET YOUR REQUIREMENTSBE ACCURATE, RELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON- GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, MAPPING SERVICES, POSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.
Appears in 2 contracts
Samples: Geotab End User Agreement, End User Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT PLATFORM IS PROVIDED "“AS IS" AND THREATMODELER MAKES NO WARRANTY ”, “AS TO ITS AVAILABLE” BASIS. THE USE OR PERFORMANCEOF PLATFORM IS AT THE USER’S SOLE RISK. EXCEPT FOR ANY THE PLATFORM IS PROVIDED WITHOUT WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT ANY WARRANTIES OF THIRD PARTY RIGHTS, TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSTDSL, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND FOR CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT PLATFORM IS OR WILL BE ERROR-SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OR FREE FROM INTERRUPTIONS OF VIRUSES OR OTHER FAILURES HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE PRODUCT PLATFORM PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS., POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT;
Appears in 2 contracts
Samples: Legal Agreement, Legal Agreement
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREINMAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED "BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS" ” AND THREATMODELER MAKES NO “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY AS OF ANY KIND, AND UBACK AND ITS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS USE THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSTATUTORY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT THE IMPLIED WARRANTIES AND/OR CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, OF SATISFACTORY QUALITY, INTEGRATION, OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, OF ACCURACY, OF QUIET ENJOYMENT, AND FOR FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UBACK AND ITS LICENSOR(S) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INSTALLATION OFAPPLICATION, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE FUNCTIONS CONTAINED IN, OR FREE FROM INTERRUPTIONS SERVICES PERFORMED OR OTHER FAILURES OR THAT PROVIDED BY, THE PRODUCT APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UBACK OR ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, TTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TTI SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TTI. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER TTI NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 2 contracts
Samples: End User License Agreement, License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO XPAND IT AND ITS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYOF NON-INFRINGEMENT, CONDITIONTITLE, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER XPAND IT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL DOWNLOADD OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS THE APPLICATION AND AUTHORIZED PATNERS MAKE NO WARRANTYANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, CONDITIONWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, REPRESENTATIONAND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR TERM (EXPRESS OR IMPLIEDSTATUTORY, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT THE IMPLIED WARRANTIES AND/OR CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, OF SATISFACTORY QUALITY, INTEGRATION, OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, OF ACCURACY, OF QUIET ENJOYMENT, AND FOR FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INSTALLATION OFAPPLICATION, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE FUNCTIONS CONTAINED IN, OR FREE FROM INTERRUPTIONS SERVICES PERFORMED OR OTHER FAILURES OR THAT PROVIDED BY, THE PRODUCT APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
Appears in 2 contracts
Samples: License Agreement Terms and Conditions, License Agreement Terms and Conditions
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE FULLEST EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOMEXTRAHOP AND ITS SUPPLIERS, USAGE OR OTHERWISE) AS TO SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY MATTER INCLUDINGAND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER EXTRAHOP MAKES NO WARRANTY THAT THE PRODUCT OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE ERROR-FREE SECURE OR FREE FROM INTERRUPTIONS ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER FAILURES SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR THAT POSSIBLE IN THE PRODUCT WILL MEET YOUR REQUIREMENTSCUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE FULLEST EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOMEXTRAHOP AND ITS SUPPLIERS, USAGE OR OTHERWISE) AS TO SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY MATTER INCLUDINGAND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER EXTRAHOP MAKES NO WARRANTY THAT THE PRODUCT OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE ERROR-FREE SECURE OR FREE FROM INTERRUPTIONS ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT I.T. SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER FAILURES SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR THAT POSSIBLE IN THE PRODUCT WILL MEET YOUR REQUIREMENTSCUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS DATA SERVICES ARE PROVIDED "AS IS" AND THREATMODELER MAKES NO “AS AVAILABLE,” WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCEOF ANY KIND. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED REQUIRED BY APPLICABLE LAW. THREATMODELER, FANDANGO AND ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIEDVENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER BY STATUTEEXPRESS, COMMON LAWIMPLIED OR STATUTORY, CUSTOMRELATING TO THE DATA SERVICES, USAGE OR OTHERWISE) AS TO INCLUDING WITHOUT LIMITATION ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT AND ALL IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITYACCURACY, INTEGRATIONRESULTS OF USE, OR RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. YOU ASSUME RESPONSIBILITY FOR SELECTING FURTHER, DUE TO THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSCOMPLEX NATURE OF COMPUTER SOFTWARE AND INTERNET SERVICES, FANDANGO DOES NOT REPRESENT OR WARRANT THAT ALL OR ANY PORTION OF THE DATA SERVICES IS FREE OF INACCURACIES, ERRORS OR BUGS, WILL BE AVAILABLE OR OPERATE WITHOUT INTERRUPTIONS, IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, OR IS RELIABLE, ACCURATE, LEGAL, COMPLETE OR OTHERWISE VALID. ALL OR A PORTION OF THE DATA SERVICES MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. LICENSEE’S USE OF THE DATA SERVICES IS AT LICENSEE’S OWN DISCRETION AND RISK, AND LICENSEE WILL BE SOLELY RESPONSIBLE FOR THE INSTALLATION OF, USE OF, AND ANY DAMAGE THAT RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING USE OF THE FOREGOING PROVISIONSDATA SERVICES INCLUDING, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE BUT NOT LIMITED TO, ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSLOSS OF DATA.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, COGNITIVE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- -□ INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. COGNITIVE SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF COGNITIVE. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER COGNITIVE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE ERROR-FREE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM INTERRUPTIONS ERROR--□ FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Samples: Cognitive Customer Agreement
Warranty Disclaimer. EXCEPT LICENSOR’S WARRANTY FOR THE LIMITED WARRANTY SET FORTH HEREINDEVICE, IF ANY, IS STATED ON THE PRODUCT IS PURCHASE TERMS PROVIDED "AS IS" BY LICENSOR AND THREATMODELER NOT IN THIS EULA. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR MAKES NO WARRANTY AS WARRANTIES OR REPRESENTATIONS TO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYOPERATION, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDINGIMPLIED WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATIONFITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITYOR AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR INFORMATION SERVICES. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE UNINTERRUPTED. LIMITATION OF LIABILITY IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SATISFACTORY QUALITYPUNITIVE, INTEGRATIONINCIDENTAL, SPECIAL, OR FITNESS CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SOFTWARE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR A PARTICULAR PURPOSE. ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ASSUME RESPONSIBILITY FOR SELECTING ACHIEVE USING THE PRODUCT SOFTWARE OR WHICH RELATE TO ACHIEVE YOUR INTENDED RESULTS, AND THE STORAGE OF ANY DATA OR FOR THE INSTALLATION OFDELIVERY, USE OFSECURITY, AND RESULTS OBTAINED FROM THE PRODUCTOR AVAILABILITY OF ANY DATA. WITHOUT LIMITING LIMITATION OF THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES NO WARRANTY THAT TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE PRODUCT WILL BE ERROR-FREE SOFTWARE, THE USE OR FREE FROM INTERRUPTIONS INABILITY TO USE THE SOFTWARE, OR OTHER FAILURES OR THAT FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT EXCEED IN THE PRODUCT WILL MEET YOUR REQUIREMENTSAGGREGATE US$5,000.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO XPAND IT AND ITS RESELLERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYOF NON- INFRINGEMENT, CONDITIONTITLE, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSDELAYS, INTERRUPTIONS, SERVICE FAILURES, AND FOR OTHER PROBLEMS INHERENT IN THE INSTALLATION OFUSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XPAND IT NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Samples: Cloud Product Agreement
Warranty Disclaimer. EXCEPT FOR DYNATRACE DOES NOT WARRANT THAT: (A) THE LIMITED WARRANTY SET FORTH HEREINUSE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE PRODUCTS OR PERFORMANCE. EXCEPT FOR DELIVERABLES OR ANY WARRANTY, CONDITION, REPRESENTATION INFORMATION OBTAINED THROUGH THE PRODUCTS OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM EXPECTATIONS; (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISEC) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM INTERRUPTIONS CUSTOMER’S SITE(S) OR OTHER FAILURES PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. LIMITATION OF LIABILITY EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR PERFORMANCE. EXCEPT FOR ANY WARRANTYIMPLIED STANDARDS, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONGUARANTEES, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS WARRANTIES INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR- FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. YOU ASSUME RESPONSIBILITY PROVIDER SHALL NOT BE LIABLE FOR SELECTING THE PRODUCT ANY PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO ACHIEVE YOUR INTENDED RESULTSLOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND FOR LOSS OF OR CORRUPTION TO DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE INSTALLATION OF, USE OFLEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND RESULTS OBTAINED FROM EVEN IF PROVIDER HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING CUSTOMER HEREBY AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACT OR WARRANTY, TORT, STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE, SHALL NOT, IN THE AGGREGATE, EXCEED FEES PAID TO PROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSLIABILITY RISK ALLOCATION.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL SERVICES ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, LATITUDE 39 AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. LATITUDE 39 SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LATITUDE 39. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER LATITUDE 39 NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT FREE; (B) THE PRODUCT SERVICES WILL MEET YOUR REQUIREMENTS.REQUIREMENTS OR EXPECTATIONS; OR (C) ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT
Appears in 1 contract
Samples: Simplycomp Agreement
Warranty Disclaimer. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY SET FORTH HEREINSERVICE AND PRODUCTS IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE PRODUCT IS SERVICE AND PRODUCTS ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO WARRANTY “AS TO ITS USE OR PERFORMANCE. EXCEPT FOR AVAILABLE” WITHOUT ANY WARRANTYWARRANTIES OF ANY KIND, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOU NEITHER PROPHECY, NOR ANY OF ITS PARENT, SUBSIDIARIES, OR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROPHECY OR THROUGH THE SERVICE OR PRODUCTS WILL CREATE ANY WARRANTY, EXPRESS OR IMPLIED, NOT EXPRESSLY MADE IN THIS AGREEMENT . WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR PRODUCTS OR ANY CONTENT, MATERIAL OR ITEMS ON THE SERVICE OR PRODUCTS OR LINKED TO BY THE SERVICE OR PRODUCTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR SELECTING ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE PRODUCT SERVICE OR PRODUCTS), (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ACHIEVE YOUR INTENDED RESULTSAND USE OF THE SERVICE OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND FOR ALL PERSONAL INFORMATION STORED ON THE INSTALLATION OFSERVICE OR PRODUCTS, USE OF, AND RESULTS OBTAINED (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTSERVICE OR PRODUCTS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE AND PRODUCTS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR ITEMS TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE OR PRODUCTS. WITHOUT LIMITING SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING PROVISIONSEXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THREATMODELER MAKES NO WARRANTY THAT SO THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: Use Agreement
Warranty Disclaimer. EXCEPT FOR THE FOREGOING LIMITED WARRANTY SET FORTH TERMS STATE APS'S ENTIRE LIABIL- ITY, AND YOUR EXCLUSIVE REMEDIES, RELATING TO THE ITEMS FURNISHED BY APS HEREUNDER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AND TO THE PRODUCT IS FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ITEMS, ACCOMPANYING DOCUMENTATION AND MATERIALS ARE PROVIDED "AS AS- IS" AND THREATMODELER MAKES NO WITHOUT EXPRESS OR IMPLIED WARRANTY AS TO OF ANY KIND, BY EITHER APS OR ANYONE WHO HAS BEEN INVOLVED IN ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYCREATION, CONDITIONPRODUCTION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONINSTALLATION, OR TERM (EXPRESS OR IMPLIEDDISTRIBUTION, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTNONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER APS MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE THAT THE PRODUCT BUYER’S USE OF THE LICENSED SOFTWARE OR OTHER ITEMS FURNISHED TO BUYER UNDER THIS AGREEMENT WILL BE ERROR-FREE UNINTERRUPTED, ERROR FREE, OR FREE FROM INTERRUPTIONS SECURE. NO ORAL OR OTHER FAILURES WRITTEN INFORMATION OR THAT ADVICE GIVEN BY APS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES ANY WARRANTIES OR IN ANY WAY INCREASES THE PRODUCT WILL MEET YOUR REQUIREMENTSSCOPE OF THIS LIMITED WARRANTY THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF APS ARISING OUT OF, OR IN CONNECTION WITH, ANY ITEM. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY OR FULLY APPLY TO YOU.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, SOLITEC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SOLITEC SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SOLITEC. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER SOLITEC NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.FREE;
Appears in 1 contract
Samples: Solitec Customer Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINSERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), THE PRODUCT IS ARE PROVIDED "TO YOU “AS IS" ” AND THREATMODELER MAKES NO “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY AS OF ANY KIND. TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY PERMITTED UNDER APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYPENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONWHETHER EXPRESS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS , WITH RESPECT TO ANY MATTER INCLUDINGTHE SERVICE, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING ALL IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE AND NON-INFRINGEMENT, AND FOR THE INSTALLATION OFWARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, USE OFCOURSE OF PERFORMANCE, AND RESULTS OBTAINED FROM THE PRODUCTUSAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY REPRESENTATION OF ANY KIND, THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. EXCEPT FOR EVIGIA PROVIDES THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED APPLICATIONS "AS IS" AND THREATMODELER MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. OF ANY KIND, AND, EXCEPT FOR ANY WARRANTYBODILY INJURY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EVIGIA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, WHETHER BY STATUTEINCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, CUSTOMPERFORMANCE, USAGE OR OTHERWISE) AS TO ANY MATTER ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSTORT, MERCHANTABILITYCONTRACT, SATISFACTORY QUALITY, INTEGRATIONSTRICT LIABILITY, OR FITNESS OTHERWISE, SHALL EVIGIA OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY (I) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, AND COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES; (II) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (III) FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTANY MATTERS BEYOND ITS REASONABLE CONTROL. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL EVIGIA SHALL NOT BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSLIABLE FOR DIRECT DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100).
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. LIMITATION OF LIABILITY EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR PERFORMANCE. EXCEPT FOR ANY WARRANTYIMPLIED STANDARDS, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONGUARANTEES, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS WARRANTIES INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR- FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. YOU ASSUME RESPONSIBILITY PROVIDER SHALL NOT BE LIABLE FOR SELECTING THE PRODUCT ANY PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO ACHIEVE YOUR INTENDED RESULTSLOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND FOR LOSS OF OR CORRUPTION TO DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE INSTALLATION OF, USE OFLEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND RESULTS OBTAINED FROM EVEN IF PROVIDER HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING CUSTOMER XXXXXX AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACT OR WARRANTY, TORT, STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE, SHALL NOT, IN THE AGGREGATE, EXCEED FEES PAID TO PROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSLIABILITY RISK ALLOCATION.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR CROSSFLOW DISCLAIMS ANY WARRANTYAND ALL OTHER WARRANTIES, CONDITIONWHETHER EXPRESS, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONIMPLIED, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER STATUTORY INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITYTO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SATISFACTORY QUALITYCROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, INTEGRATIONAND DOES NOT WARRANT THAT THE PACKAGE WILL MEET END USER’S REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FITNESS FOR A PARTICULAR PURPOSEERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE CROSSFLOW’ PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU END USER ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT PACKAGE TO ACHIEVE YOUR END USER INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM END USER’S USE OF THE PRODUCTPACKAGE. WITHOUT LIMITING YOU SHALL BEAR THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT ENTIRE RISK AS TO THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT QUALITY AND THE PRODUCT WILL MEET YOUR REQUIREMENTSPERFORMANCE OF THE PACKAGE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT LIMITING ANY WARRANTYGUARANTEE, CONDITION, REPRESENTATION WARRANTY OR TERM THE EXTENT TO IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED EXCLUDED, THE SOFTWARE IS PROVIDED ON AN AS-IS BASIS. NUIX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS OR LIMITED BY APPLICABLE LAW. THREATMODELERIMPLIED REPRESENTATIONS, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWARRANTIES, CONDITION, REPRESENTATIONGUARANTEES, OR TERM CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICES (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY , NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSLICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON- INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND FOR THE INSTALLATION OFANY WARRANTIES ARISING FROM A COURSE OF DEALING, USE OFUSAGE, AND RESULTS OBTAINED FROM THE PRODUCTOR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES NO WARRANTY NUIX DOES NOT WARRANT THAT THE PRODUCT SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER FAILURES PRODUCTS OR SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR LICENSEE’S INTERNAL BUSINESS USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 11 WILL MEET YOUR REQUIREMENTSNECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SUBJECT TO SECTION 12.3 (NON-EXCLUDABLE STATUTORY PROVISIONS).
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINEXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND 12.2, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYDYNATRACE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONWHETHER WRITTEN, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERORAL, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYEXPRESS, CONDITION, REPRESENTATIONIMPLIED, OR TERM (EXPRESS OR IMPLIEDSTATUTORY, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT LIMITATION THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE PRODUCT TO ACHIEVE YOUR INTENDED ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE INSTALLATION OFUSE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, USE OFSOFTWARE, AND RESULTS SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED FROM THROUGH THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM INTERRUPTIONS CUSTOMER’S SITE(S) OR OTHER FAILURES PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. 保証の免責事項。上記の第12.1条および第12.2条で規定した明示的な保証を除き、Dynatraceは、商品性、特定目的への適合性、および権利を侵害していないことの暗示的な保証を含むがこれに限定されない、書面、口頭、明示的、暗示的、または法定の他のすべての保証を放棄します。お客様は、お客様の監視プロファイルの変更、ネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトからDynatraceが受信したデータの破損、不完全、中断などの要因が、結果の正確性、信頼性、可用性、適時性に重大な影響を与える可能性があることを認め、Dynatraceはそのような要因に対して責任を負わないものとします。Dynatraceは、以下を保証しません。(A) Dynatrace製品または成果物の使用が他のハードウェア、ソフトウエア、システムやデータと組み合わせて動作すること。(B)本製品や成果物、または製品や成果物を通じて得られる情報がお客様の要件または期待を満たすこと。 (C)保存されているお客様のデータが正確または信頼できること。(D)本製品または成果物が中断されず、エラーやウイルスがなく、その中のエラーや欠陥が修正されること。Dynatraceは、お客様の監視プロファイルの変更、お客様のネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトから受信したデータの破損、不完全、中断、またはインターネットや電子通信の使用に固有のその他の問題を含む、合理的に制御できない要因が結果の正確性、信頼性、可用性、および/または適時性に与える影響について責任を負わないものとします。 Dynatraceは、このような問題に起因する遅延、納入の失敗、またはその他の損害について責任を負いません。
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. EXCEPT FOR CUSTOMER ACKNOWLEDGES THAT THE EQUIPMENT IS PROVIDED HEREUNDER ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, CONDITIONS, REPRESENTATIONS, INCLUDING BUT NOT LIMITED WARRANTY SET FORTH HEREINTO, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYCONDITION OF THE EQUIPMENT, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTSTITLE, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE ARE EXCLUDED BY SCALE CALIBRATORS. YOU ASSUME RESPONSIBILITY SCALE CALIBRATORS DOES NOT WARRANT THAT THE SYSTEMS OR EQUIPMENT WILL MEET THE REQUIREMENTS OF ANY PERSON AND OPERATE ON AN UNINTERRUPTED OR ERROR -FREE BASIS. THE CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTING ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSEQUIPMENT AND / OR SYSTEM OR THE INFORMATION CONTAINED THEREIN, AND FOR THE INSTALLATION OFINCLUDING INACCURATE OR INCOMPLETE INFORMATION. ADDITIONALLY, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER SCALE CALIBRATORS MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE REPRESENTATIONS OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSWARRANTIES CONCERNING CUSTOMER'S REIMBURSEMENT FOR PROCEDURES.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREINEXTENT EXPLICITLY STATED OTHERWISE IN THIS AGREEMENT, THE PRODUCT IS PRODUCTS AND ANY RELATED SERVICES ARE PROVIDED "“AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ”, WITHOUT ANY REPRESENTATION, WARRANTY, CONDITIONGUARANTEE OR CONDITION OF ANY KIND WHATSOEVER (WHETHER EXPRESS, REPRESENTATION IMPLIED OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERSTATUTORY), ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO INCLUDING WITHOUT LIMITATION ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY INFINIDAT. IN ADDITION, INFINIDAT MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (a) THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH YOU ASSUME RESPONSIBILITY MAY SELECT FOR SELECTING USE; (b) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF ANY OF THE PRODUCTS OR DOCUMENTATION; (c) THAT YOUR USE OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT DOCUMENTATION WILL MEET YOUR REQUIREMENTSREQUIRMENTS OR EXPECTATIONS, OR WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; or (d) THAT ANY ERROR CONDITIONS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY INFINIDAT, ITS AUTHORIZED AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED IN THIS AGREEMENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION. THIS SECTION 5.9 (WARRANTY DISCLAIMER) CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: Infinidat End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREIN, IN THIS SECTION 6 OR IN ANY PRODUCT TERMS (AND THEN ONLY IN RESPECT OF THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERTHOSE TERMS APPLY), ALL PRODUCTS ARE PROVIDED “AS-IS”, AND OCTOPUS DEPLOY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY OCTOPUS DEPLOY WILL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF OCTOPUS DEPLOY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OCTOPUS DEPLOY NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCT TO ACHIEVE YOUR INTENDED RESULTSWILL BE SECURE, AND FOR THE INSTALLATION OFTIMELY, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCT WILL BE ERROR-FREE OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.DATA;
Appears in 1 contract
Samples: i.octopus.com
Warranty Disclaimer. EXCEPT FOR THE PRODUCTS ARE PROVIDED DURING THE EVALUATION PERIOD ON AN "AS IS" BASIS. XXXXXXX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED WARRANTY SET FORTH HEREINTO, THE PRODUCT IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. LICENSEE ACKNOWLEDGES THAT EVALUATION SOFTWARE IS PROVIDED SOLELY FOR EVALUATION USE AND TESTING, AND THAT EVALUATION SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY PHOENIX. NOTWITHSTANDING ANY OTHER PROVISION, EVALUATION SOFTWARE IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY ", “AS-AVAILABLE”, WITHOUT WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERINDEMNITY OF ANY KIND, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYEXPRESS, CONDITIONIMPLIED, REPRESENTATIONORAL, WRITTEN, STATUTORY, OR TERM (EXPRESS OR IMPLIEDOTHERWISE, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, INTEGRATIONSECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR FITNESS ACCURACY OF EVALUATION SOFTWARE. PHOENIX IS NOT LIABLE FOR A PARTICULAR PURPOSELOSS OF DATA OR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE EVALUATION TESTING PERIOD. YOU ASSUME RESPONSIBILITY PHOENIX DISCLAIMS LIABILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET YOUR REQUIREMENTSLICENSEE’S REQUIREMENTS OR EXPECTATIONS; ERRORS OR DEFECTS WILL BE CORRECTED; OR THE SERVICE OR SERVER USED TO PROVIDE HOSTED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PHOENIX IS NOT RESPONSIBLE FOR RESULTING DELAYS, DELIVERY FAILURE, OR DAMAGES. LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH LICENSEE USES EVALUATION SOFTWARE.
Appears in 1 contract
Samples: Software Evaluation Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINExcept for the limited warranty set forth herein, THE EACH PRODUCT IS PROVIDED "“AS IS" ” AND THREATMODELER TOONTRACK MUSIC MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO OF WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE TOONTRACK MUSIC MAKES NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE ANY PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM EACH PRODUCT. YOU EXPRESSLY ASSUME RESPONSIBILITY FOR WHAT YOU CREATE USING THE PRODUCT, BE IT MUSICAL COMPOSITIONS OR OTHER END RESULTS, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY CLAIM OF INFRINGEMENT ON ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER TOONTRACK MUSIC MAKES NO WARRANTY THAT THE ANY PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE ANY PRODUCT WILL MEET YOUR REQUIREMENTS.
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE PRODUCT IS SERVICES ARE PROVIDED "“AS IS" AND THREATMODELER .” NEITHER PARTY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON OPERATION OF LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS . SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT THE WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING , TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSSOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND FOR ANY DELIVERABLES PROVIDED BY SCHOLASTIC HEREUNDER. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INSTALLATION USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, USE OFRESPONSIBILITY FOR, AND RESULTS OBTAINED FROM THE PRODUCTOR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. WITHOUT LIMITING THE FOREGOING PROVISIONSNO ADVICE BY XXXXXXXXXX OR A SCHOLASTIC- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, THREATMODELER MAKES NO WARRANTY SCHOLASTIC DOES NOT WARRANT THAT THE PRODUCT OPERATION OF THE SERVICES WILL BE ERRORUNINTERRUPTED, VIRUS-FREE OR FREE ERROR-FREE. FURTHER, SCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND SCHOLASTIC SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSACTIONS OF SUCH THIRD PARTIES.
Appears in 1 contract
Warranty Disclaimer. XXXXX WARRANTS THAT THE PRODUCT WILL, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF YOUR RECEIPT, PERFORM SUBSTANTIALLY IN ACCORDANCE WITH PRODUCT WRITTEN MATERIALS ACCOMPANYING IT. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELERTUFIN TECHNOLOGIES, ITS SUPPLIERS IT'S LICENSORS AND AUTHORIZED PATNERS MAKE NO WARRANTYAFFILIATES, CONDITIONEXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT THE WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THAT THE PRODUCT WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. YOU ASSUME THERE IS NO WARRANTY BY TUFIN TECHNOLOGIES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR SELECTING THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR CUSTOMER’S INTENDED RESULTS, RESULTS AND FOR THE INSTALLATION OFINSTALLATION, USE OFUSE, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSIT.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS SITE AND MATERIALS ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO WARRANTY “AS TO ITS USE AVAILABLE.” PARSOLEX DOES NOT WARRANT OR PERFORMANCE. EXCEPT FOR ANY WARRANTYGUARANTEE THE ACCURACY, CONDITIONCOMPLETENESS, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONADEQUACY, OR TERM (EXPRESS CURRENCY OF THE SITE, MATERIALS, ANYTHING ELSE PROVIDED BY OR ON BEHALF OF PARSOLEX, OR THE PRODUCTS ADVERTISED ON THE SITE OR OTHER DATA, INFORMATION OR THIRD-PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE SITE. PARSOLEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, MATERIALS, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, WHETHER BY STATUTEOR STATUTORY, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PARSOLEX OR ITS EMPLOYEES, WILL INCREASE THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION SCOPE OF, USE OF, AND RESULTS OBTAINED FROM OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE PRODUCTWARRANTIES EXPRESSLY SET FORTH IN THIS SECTION. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER PARSOLEX MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE SITE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT MATERIALS (a) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY PERMITTED USES OF MATERIALS OTHER THAN VIEWING ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH OTHER PERMITTED USES. LIMITATION OF LIABILITY PARSOLEX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE SITE OR MATERIALS, EVEN IF PARSOLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OR ALTERATION TO COMMUNICATIONS CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. PARSOLEX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100. YOU AGREE THAT PARSOLEX WOULD NOT ENTER INTO THIS AGREEMENT USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, PARSOLEX’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: Parsolex Terms of Use
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYEXCEPT AS PROVIDED IN SECTION L, CONDITIONTHE SOFTWARE AND SERVICE (AND ACCOMPANYING DOCUMENTATION) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE PRODUCT SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTSERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER CLICKNOLOGY MAKES NO WARRANTY THAT THE PRODUCT SERVICE WILL BE ERROR-FREE OR FREE, VIRUS-FREE, OR, EXCEPT AS SET FORTH IN THIS SECTION K, FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT SERVICE WILL MEET SATISFY YOUR SPECIFIC REQUIREMENTS. EXCEPT AS PROVIDED IN THIS SECTION K, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICKNOLOGY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SERVICE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICE. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE, IF ANY, REMAINS SOLELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Subscription Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINLICENSED PRODUCT, THE PRODUCT IS TAL DATA AND THE XXXXXXXX NETWORK ARE PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. XXXXXXXX AND THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ASSUME XXXXXXXX AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE XXXXXXXX NETWORK, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT, THE XXXXXXXX NETWORK OR TAL DATA. LICENSEE ACCEPTS FULL RESPONSIBILITY FOR SELECTING ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY LICENSEE OR ITS AUTHORIZED USERS USING THE PRODUCT LICENSED PRODUCT, THE XXXXXXXX NETWORK OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF XXXXXXXX OR ANY THIRD PARTY ARE AUTHORIZED TO ACHIEVE YOUR INTENDED RESULTSMAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF XXXXXXXX. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND FOR SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT USE OF THE INSTALLATION OFLICENSED PRODUCT, USE OF, THE XXXXXXXX NETWORK AND RESULTS OBTAINED THE TAL DATA MAY FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.TIME TO TIME BE
Appears in 1 contract
Samples: Townsend Analytics License Agreement (Terra Nova Financial Group Inc)
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, LENDYSOFT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. LENDYSOFT SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LENDYSOFT. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER LENDYSOFT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINAS EXPRESSLY STATED IN THIS AGREEMENT, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER CM MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION(EXPRESS, REPRESENTATIONIMPLIED OR STATUTORY) AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR TERM (EXPRESS OR IMPLIEDCONDITIONS, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING THE WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, NON-INFRINGEMENT, AND FOR THE INSTALLATION OFANY WARRANTY ARISING FROM A COURSE OF DEALING, USE OFUSAGE, OR TRADE PRACTICE. ALL SERVICES PROVIDED BY CM ARE PERFORMED AND RESULTS OBTAINED FROM THE PRODUCTPROVIDED ON AN “AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY CM DOES NOT WARRANT THAT THE SERVICES OR ITS WORK PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES MEET CUSTOMER’S REQUIREMENTS OR THAT THE PRODUCT SERVICES WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY. CUSTOMER ACKNOWLEDGES THAT THE FUNCTIONALITY AND INTERFACES OF THE SERVICES MAY CHANGE OVER TIME. TO THE EXTENT ANY OF THE SERVICES ENABLE CUSTOMER TO ACCESS ANY CRYPTOCURRENCY DATA SETS OF EITHER CRYPTOCURRENCY NETWORK OR MARKET DATA (“SERVICE DATA”) AND/OR ANY CORRELATIONS AND OTHER DERIVED ANALYTICS OF THE VARIOUS DATA THAT CM OR ITS LICENSORS HAVE GENERATED (“SERVICE ANALYSIS”), THEN CUSTOMER: (I) ACKNOWLEDGES AND AGREES THAT CM IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF ANY SERVICE DATA OR SERVICE ANALYSIS, AND (II) SHALL BE RESPONSIBLE AND LIABLE FOR ITS USE OF THE SERVICE DATA AND/OR SERVICE ANALYSIS. CM PROVIDES ACCESS TO CERTAIN DATA THROUGH ITS SERVICES TO THE EXTENT IT IS PROVIDED BY ITS SOURCES (“THIRD PARTY DATA”). CM DOES NOT MAINTAIN OR CONTROL SUCH THIRD-PARTY DATA PROVIDERS AND ACCORDINGLY IS NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH THIRD PARTY DATA, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER UNDERSTANDS THAT CM AND/OR THIRD-PARTY DATA PROVIDERS TO THE SERVICES MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR DATA FROM BEING ACCESSED UNDER THIS AGREEMENT.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN "AS IS" AND THREATMODELER MAKES NO BASIS WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR OF ANY WARRANTYKIND, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER PELICAN MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL MEET SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICAN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT THE LICENSOR NOR ANY RESELLER OF LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: User License Agreement
Warranty Disclaimer. EXCEPT FOR YOU EXPRESSLY AGREE THAT YOUR USE OF THE LIMITED WARRANTY SET FORTH HEREIN, OVERTURE MARKETPLACE IS AT YOUR OWN RISK. THE PRODUCT OVERTURE MARKETPLACE IS PROVIDED AVAILABLE ON AN "AS IS" AND THREATMODELER MAKES NO BASIS, WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR OF ANY WARRANTYKIND, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, WHETHER BY STATUTELICENSORS, COMMON LAWLICENSEES, CUSTOMEMPLOYEES, USAGE AGENTS, ATTORNEYS, CONSULTANTS OR OTHERWISE) CONTRACTORS, OR ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS TO MEASURED IN ANY MATTER WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR THE OVERTURE MARKETPLACE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATIONLIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, NONINFRINGEMENT ACCURACY OR CONTENT OF THIRD PARTY RIGHTSTHE OVERTURE MARKETPLACE AND/ OR INFORMATION, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILI Y OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSSPECIFIC LEGAL RIGHTS, AND FOR THE INSTALLATION OFYOU MAY ALSO HAVE OTHER RIGHTS, USE OF, AND RESULTS OBTAINED WHICH VARY FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSTATE TO STATE.
Appears in 1 contract
Samples: Roanoke Technology Corp
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH HEREININ EXHIBIT A, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER INFINERA MAKES NO WARRANTY AS TO ITS USE THE END USER, EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSTATUTORY, CONDITION, REPRESENTATION OR TERM WITH RESPECT TO THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONSOFTWARE, OR TERM (EXPRESS OR IMPLIEDANY PART THEREOF, WHETHER BY STATUTEINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, COMMON LAWAVAILABILITY, CUSTOMRELIABILITY, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSUSEFULNESS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. YOU ASSUME RESPONSIBILITY INFINERA DOES NOT WARRANT THAT ANY EQUIPMENT, SOFTWARE, OR PART THEREOF WILL MEET END USER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ANY ERRORS IN THE EQUIPMENT OR THE SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL INFINERA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSANY LOSS OF PROFITS, AND LOSS OF BUSINESS, OR ANTICIPATED SAVINGS OF FOR THE INSTALLATION OFANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR END USER”S USE OF, AND RESULTS OBTAINED FROM OR INABILITY TO USE, THE PRODUCTSOFTWARE. WITHOUT LIMITING IN NO EVENT SHALL INFINERA’S LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FOREGOING PROVISIONSAMOUNT PAID BY END USER FOR THE RESPECTIVE SOFTWARE LICENSE OR IN THE CASE OF EMBEDDED SOFTWARE, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROREQUIPMENT IN WHICH IT IS EMBEDDED. NOTWITHSTANDING THE ABOVE, THE SUPPLIER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PREMITTED UNDER APPLICABLE LAW. EXCLUDING REPROCUREMENT COSTS. THIS CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31. U.S.C. §§ 3729-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS3733.
Appears in 1 contract
Samples: immixgroup.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO LICENSOR AND ITS RESELLERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYOF NON-INFRINGEMENT, CONDITIONTITLE, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. LICENSOR SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LICENSOR. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER LICENSOR NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.FREE;
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINEXPRESS WARRANTIES IN THIS AGREEMENT EACH PARTY HEREBY DISCLAIMS (ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS) ALL OTHER WARRANTIES, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS , INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDINGWARRANTY OF TITLE, WITHOUT LIMITATIONNON- INFRINGEMENT, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSSNOWFLAKE’S PARTNER PORTAL, TRAINING MATERIALS AND FOR THE INSTALLATION OF, USE OF, ANY OTHER SNOWFLAKE TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND RESULTS OBTAINED FROM THE PRODUCT“AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY SNOWFLAKE DOES NOT WARRANT OR GUARANTEE THAT THE PRODUCT PARTNER PORTAL (INCLUDING ANY OF ITS CONTENT), TRAINING MATERIALS AND OTHER SNOWFLAKE TECHNOLOGY WILL MEET PARTNER’S REQUIREMENTS OR WILL BE ERROR-FREE UNINTERRUPTED, ACCURATE, UP TO DATE, TIMELY, SECURE OR FREE FROM INTERRUPTIONS ERROR FREE. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER FAILURES OR THAT THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE PRODUCT WILL MEET YOUR REQUIREMENTSEXCLUSION OF CERTAIN WARRANTIES. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES, IF ANY, IS HEREBY LIMITED TO THE SHORTEST PERIOD AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: www.snowflake.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPLICITLY SET FORTH HEREIN, OPTIGO (WHICH FOR THE PURPOSES OF THIS SUBSECTION INCLUDES ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, AND SUPPLIERS) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF OPTIGO’S PRODUCT IS SUITE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SERVICE, OR THE CONSULTING SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, OPTIGO’S PRODUCT SUITE AND CONSULTING SERVICES ARE PROVIDED "“AS IS" ” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIGO DISCLAIMS ALL WARRANTIES AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR CONDITIONS OF ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIEDKIND, WHETHER BY STATUTEEXPRESS, COMMON LAWIMPLIED OR STATUTORY, CUSTOMWITH REGARD TO OPTIGO’S PRODUCT SUITE AND THE CONSULTING SERVICES, USAGE INCLUDING WARRANTIES OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE, FUNCTIONALITY, AND FOR NON- INFRINGEMENT. IF SUBSCRIBER HAS OTHER STATUTORY RIGHTS THAT MAY NOT BE OTHERWISE DISCLAIMED OR LIMITED HEREUNDER, THE INSTALLATION OFDURATION OF STATUTORILY REQUIRED WARRANTIES SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIGO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF OPTIGO’S PRODUCT SUITE, OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR OF THE CONSULTING SERVICES, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE OF OPTIGO’S PRODUCT SUITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) OPTIGO’S PRODUCT SUITE WILL OPERATE IN COMBINATION WITH ANY THIRD PARTY PRODUCTS; (C) OPTIGO’S PRODUCT SUITE OR CONSULTING SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS); (D) ANY DATA, INCLUDING SUBSCRIBER DATA, STORED IN OPTIGO’S PRODUCT SUITE WILL BE ACCURATE OR RELIABLE OR THAT ANY SUCH STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS IN OPTIGO’S PRODUCT SUITE WILL BE IDENTIFIED OR CORRECTED; OR (F) OPTIGO’S PRODUCT SUITE IS FREE OR FREE FROM INTERRUPTIONS OF VIRUSES OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSHARMFUL COMPONENTS.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR YOU ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY SET FORTH HEREINSOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE PRODUCT IS MAXIMUM EXTENT PERMITTED BY LAW. THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY AS OF ANY KIND. BIOCONNECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS USE THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSTATUTORY (WHERE PERMITTED BY LAW), CONDITIONINCLUDING BUT NOT LIMITED TO, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES BIOCONNECT PROVIDES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS THAT DEFECTS IN THE SOFTWARE OR ANY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIOCONNECT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSTHAN AS SET OUT HEREIN.
Appears in 1 contract
Samples: s3.amazonaws.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE PRODUCT IS SERVICES ARE PROVIDED "“AS IS" AND THREATMODELER .” NEITHER PARTY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON OPERATION OF LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS . LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT THE WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING , TITLE, SYSTEM INTEGRATION, DATA ACCURACY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSPROGRAM, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND FOR ANY DELIVERABLES PROVIDED BY LICENSOR HEREUNDER. NEITHER LICENSOR NOR ITS PARTNERS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE INSTALLATION USE OR THE RESULTS OF THE USE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITEDTO, ANYTHIRD- PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. LICENSOR AND ITS PARTNERS EXPRESSLY DISCLAIM ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY LICENSOR OR A LICENSOR-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, NEITHER LICENSOR OR ITS PARTNERS WARRANTS THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR- FREE. FURTHER, LICENSOR MAY USE OFTHIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO LICENSEE, AND RESULTS OBTAINED LICENSOR SHALL NOT BE HELD LIABLE FOR DAMAGES TO LICENSEE RESULTING FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSACTIONS OF SUCH THIRD PARTIES.
Appears in 1 contract
Samples: mathreasoninginventory.com
Warranty Disclaimer. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH HEREINABOVE, THE PRODUCT SOFTWARE IS PROVIDED "AS TO YOU ON AN “AS-IS" ” AND THREATMODELER MAKES NO “AS- AVAILABLE” BASIS WITHOUT WARRANTY AS TO ITS USE OF ANY KIND, EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSTATUTORY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERAND AEROHIVE, ITS SUPPLIERS AFFILIATES, LICENSORS, AND AUTHORIZED PATNERS MAKE NO WARRANTYSERVICE PROVIDERS (COLLECTIVELY, CONDITION"SUPPLIERS") HEREBY SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITYTITLE, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSPURPOSE AND NONINFRINGEMENT, AND FOR THE INSTALLATION OF, USE OFIMPLIED CONDITION OF SATISFACTORY QUALITY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND RESULTS OBTAINED YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. AEROHIVE AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE PRODUCT. WITHOUT LIMITING OPERATION OF THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT AEROHIVE PRODUCTS WILL BE ERROR-FREE UNINTERRUPTED OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT ERROR FREE; (II) THE PRODUCT AEROHIVE PRODUCTS WILL MEET YOUR REQUIREMENTS; (III) THE AEROHIVE PRODUCTS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY YOU; (IV) THAT ALL OF THE AEROHIVE PRODUCT ERRORS WILL BE CORRECTED; OR (V) THE SOFTWARE SERVICE, THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE, OR OTHER INFORMATION OFFERED ON OR THROUGH THE SOFTWARE SERVICE OR ANY THIRD PARTY SITES WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY SET FORTH HEREINOF ANY KIND, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYWHETHER EXPRESS, CONDITIONIMPLIED, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONSTATUTORY, OR TERM (EXPRESS OR IMPLIEDOTHERWISE, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE (INCLUDING NON-INFRINGEMENT), AND ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, AND/OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT FOR THE INSTALLATION OFACT, ERROR, NEGLIGENCE, OR OMISSION OF ANY USER, EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD PARTY. SUPPLIER AND ITS SUPPLER DO NOT WARRANT THAT ANY SERVICES WILL BE ERROR FREE OR UNINTERRUPTED AND SUPPLIER AND ITS SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY LIMITATIONS, DISRUPTIONS, DELAYS, AND/OR OTHER PROBLEMS INHERENT IN THE USE OFOF THE INTERNET AND/OR ANY ELECTRONIC COMMUNICATION. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SUPPLIER AND RESULTS OBTAINED FROM THE PRODUCTITS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, EQUIPMENT, DELIVERABLE, PRODUCTS, AND/OR SERVICES. WITHOUT LIMITING THE FOREGOING PROVISIONSFURTHERMORE, THREATMODELER MAKES NO WARRANTY NEITHER SUPPLIER NOR ITS SUPPLIER REPRESENT NOR WARRANT THAT THE PRODUCT SERVICES WILL MAY NOT BE ERROR-FREE COMPROMISED OR FREE FROM INTERRUPTIONS OR OTHER FAILURES CIRCUMVENTED, OR THAT THE PRODUCT SERVICES WILL MEET YOUR REQUIREMENTSPREVENT ANY LOSS BY BURGLARY, THEFT, ROBBERY, OR OTHERWISE OR THAT THE SERVICES WILL PROVIDE SPECIFIC TYPE OR LEVEL PROTECTION.
Appears in 1 contract
Samples: Master Services Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER ITRON MAKES NO WARRANTY AS OF ANY KIND RELATING TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT (I) IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT, AND (III) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ASSUME TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT SERVICES OR EQUIPMENT WILL BE FREE FROM BUGS, ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR SELECTING THE PRODUCT ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ACHIEVE YOUR INTENDED RESULTSOR FROM ITS DATA CENTERS OR DATA CENTERS OF ITS VENDORS VIA WAN, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS CELLULAR OR OTHER FAILURES PUBLIC COMMUNICATIONS OR THAT BROADBAND SYSTEMS (INCLUDING OUTAGES, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE PRODUCT CONTENT OR PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL MEET YOUR REQUIREMENTSAPPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT.
Appears in 1 contract
Samples: And Field Tools Solution Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ SECTION 14.1 (GENERAL WARRANTIES ) AND 14.2 (VIRUS WARRANTY), THE PRODUCT IS ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, PERFANA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY PERFANA WILL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PERFANA. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER PERFANA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS.FREE;
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THE THIS XXXX, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PRODUCTS, SERVICES AND DOCUMENTATION ARE PROVIDED TO THE END USER "AS IS" AND THREATMODELER MAKES NO WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY AS OF ANY KIND. TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY PERMITTED UNDER APPLICABLE LAW. THREATMODELER, ARQIT, ON ITS SUPPLIERS OWN BEHALF AND AUTHORIZED PATNERS MAKE NO WARRANTYON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SERVICE PROVIDERS, CONDITIONEXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONWHETHER EXPRESS, IMPLIED, STATUTORY, OR TERM (EXPRESS OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND/OR IMPLIEDDOCUMENTATION, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT INCLUDING ALL IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. YOU ASSUME RESPONSIBILITY FOR SELECTING WITHOUT LIMITATION TO THE PRODUCT TO FOREGOING, ARQIT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS, DOCUMENTATION OR SERVICES WILL MEET THE END USER’S REQUIREMENTS, ACHIEVE YOUR ANY INTENDED RESULTS, AND FOR THE INSTALLATION OFBE COMPATIBLE, USE OFOR WORK WITH ANY OTHER SOFTWARE, AND RESULTS OBTAINED FROM THE PRODUCT. APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT LIMITING THE FOREGOING PROVISIONSINTERRUPTION, THREATMODELER MAKES NO WARRANTY MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT THE PRODUCT ANY ERRORS OR DEFECTS CAN OR WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT CORRECTED. SECTION 4.10 BELOW SHALL APPLY TO THE PRODUCT WILL MEET YOUR REQUIREMENTSIP CLAIM INDEMNITIES GIVEN UNDER THIS SECTION.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, RENTOUCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. RENTOUCH SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENTOUCH. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER RENTOUCH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED OTHERWISE REQUIRED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE T-MOBILE MAKES NO WARRANTYREPRESENTATIONS, CONDITIONWARRANTIES OR CONDITIONS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE HANDSETS, XXXx, AND/OR OTHER TRAINING EQUIPMENT, WHETHER ALLEGED TO ARISE BY STATUTE, COMMON OPERATION OF LAW, CUSTOMBY REASON OF CUSTOM OR USAGE IN THE TRADE, USAGE BY COURSE OF DEALING OR OTHERWISE) AS TO ANY MATTER , INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO (I) NON-INFRINGEMENT, (II) MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR (III) FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTPURPOSE OR USE. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER MAKES NO WARRANTY T-MOBILE DOES NOT REPRESENT, WARRANT OR CONDITION THAT THE PRODUCT OPERATION OF THE HANDSETS, XXXx, AND/OR OTHER TRAINING EQUIPMENT WILL BE ERROR-UNINTERRUPTED, BUG FREE OR FREE ERROR FREE. EXCEPT FOR THE WARRANTIES PROVIDED BY THE APPLICABLE MANUFACTURER(S) OF THE TRAINING DEVICES, THE TRAINING DEVICES ARE PROVIDED “AS IS.” PROVIDER ACKNOWLEDGES THAT IT RELIES ON NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN OR IN THE SERVICES AGREEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE TERM OF THIS LICENSE AGREEMENT. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 9 FAILS OF ITS ESSENTIAL PURPOSE OR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL T-MOBILE BE LIABLE FOR COST OF COVER OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM INTERRUPTIONS LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR ANY HANDSETS, XXXx, OR OTHER FAILURES OR THAT TRAINING EQUIPMENT PROVIDED HEREUNDER, EVEN IF T-MOBILE HAS BEEN ADVISED OF THE PRODUCT WILL MEET YOUR REQUIREMENTSPOSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
Appears in 1 contract
Samples: Center Services (Startek Inc)
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ALL PRODUCTS ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, THR CONSULTING AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. THR CONSULTING SHALL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THR CONSULTING. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER THR CONSULTING NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR FREE FROM INTERRUPTIONS DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT PRODUCTS) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Appears in 1 contract
Samples: End User Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINSOFTWARE, THE PRODUCT IS DOCUMENTATION, AND TSSA LEASE FORMS ARE PROVIDED TO LICENSEE "AS IS" AND THREATMODELER MAKES NO WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY AS OF ANY KIND. TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY PERMITTED UNDER APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS BMS AND AUTHORIZED PATNERS MAKE NO WARRANTYTSSA EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONWHETHER EXPRESS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS , WITH RESPECT TO ANY MATTER INCLUDINGTHE SOFTWARE, WITHOUT LIMITATIONDOCUMENTATION, NONINFRINGEMENT AND TSSA LEASE FORMS, INCLUDING ALL IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. YOU ASSUME RESPONSIBILITY FOR SELECTING WITHOUT LIMITATION TO THE PRODUCT TO FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE YOUR ANY INTENDED RESULTS, AND FOR THE INSTALLATION OFBE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, USE OFAPPLICATIONS, AND RESULTS OBTAINED FROM THE PRODUCTSYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES NO TSSA AND BMS EXPRESSLY DISCLAIM ANY WARRANTY THAT WITH RESPECT TO THE PRODUCT WILL WRITTEN CONTENT OF ANY OF THE FORMS. FURTHER, TSSA AND BMS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE LEGALITY OF THE WRITTEN CONTENT OF THE FORMS. ALTHOUGH TSSA RETAINS COUNSEL TO REVIEW THE TSSA LEASE FORMS IN EACH JURISDICTION IN WHICH THE FORMS ARE OFFERED, YOU SHOULD RETAIN YOUR OWN ATTORNEY TO REVIEW THE TSSA LEASE FORMS AND PROVIDE LEGAL ADVICE ON THEIR USE, AND WHETHER OR NOT ADDITIONAL ADDENDA OR INFORMATION SHOULD BE ERRORADDED TO THE TSSA LEASE FORMS. TSSA AND BMS DO NOT PROVIDE LEGAL ADVICE, AND YOUR USE OF THE SOFTWARE AND THE TSSA LEASE FORMS DOES NOT CREATE AN ATTORNEY-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSCLIENT RELATIONSHIP.
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. XXXX DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OF ANY NATURE EXCEPT FOR THE LIMITED WARRANTY SET FORTH THOSE EXPRESSLY STATED HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT XXXX SHALL NOT BE LIABLE FOR ANY WARRANTYINCIDENTAL OR CONSEQUENTIAL DAMAGES, CONDITIONNOR FOR ANY DAMAGES OR DELAYS CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT PANDEMICS, ENDEMICS, LABOR PROBLEMS, SHORTAGE OF THIRD PARTY RIGHTSGOODS OR RAW MATERIALS, MERCHANTABILITYFIRE, SATISFACTORY QUALITYFLOOD, INTEGRATIONWEATHER OR OTHER ACTS OF GOD. XXXX XXXXXX WARRANTS THAT EACH COMPONENT MANUFACTURED OR SUPPLIED DIRECTLY BY OLEA WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FOLLOWING THE DATE OF INVOICE OR SHIPMENT, WHICHEVER OCCURS FIRST (THE “WARRANTY PERIOD”). ANY PRODUCT INVOICED BUT NOT SHIPPED WILL HAVE ITS WARRANTY PERIOD STARTED AS OF INVOICE DATE. XXXX’X WARRANTY MAY BE VOIDED BY MISUSE, ACCIDENT, MODIFICATION, UNSUITABLE PHYISCAL OR OPERATING ENVIRONMENT, IMPROPER MAINTENANCE BY CUSTOMER OR CUSTOMER’S SERVICE ORGANIZATIONS, REMOVAL OR ALTERATION OF PART IDENTIFICATION, OR FITNESS FAILURE CAUASED BY A PRODUCT FOR A PARTICULAR PURPOSEWHICH XXXX IS NOT RESPONSIBLE. YOU ASSUME RESPONSIBILITY BATTERIES FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSPC MOTHERBOARDS AND UPS SYSTEMS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSLED LIGHT BUILD SHALL NOT EXTEND BEYOND ONE YEAR.
Appears in 1 contract
Samples: www.olea.com
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, PATENTS, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT, AND EACH PARTY HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE LIMITED WARRANTY SET FORTH HEREINFOREGOING. THE PARTIES ACKNOWLEDGE THAT ANY INFORMATION, THE PRODUCT IS BIOLOGICAL MATERIAL AND KNOW-HOW PROVIDED "BY ONE PARTY TO ANOTHER HEREUNDER, ARE PROVIDED “AS IS" AND THREATMODELER ” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PARTY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYWARRANTIES, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATIONLIMITATION WITH RESPECT TO ANY COMPUGEN INTELLECTUAL PROPERTY, NONINFRINGEMENT BAYER INTELLECTUAL PROPERTY, PROGRAM KNOW-HOW OR THE PERFORMANCE, CONDITION, ORIGINALITY OR ACCURACY OF THIRD THE RESULTS OF THE RESEARCH PROGRAM. SUBJECT TO SECTION 11.2, NEITHER PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MAKES ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT PURPOSE WITH RESPECT TO ACHIEVE YOUR INTENDED RESULTSANY COMPUGEN INTELLECTUAL PROPERTY, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERRORBAYER INTELLECTUAL PROPERTY OR PROGRAM KNOW-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES HOW OR THAT THE PRODUCT USE OR PRACTICE OF ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTSNOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Appears in 1 contract
Samples: Development Collaboration and License Agreement (Compugen LTD)
Warranty Disclaimer. EXCEPT FOR YOUR ACCESS TO AND USE OF THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM HWD PLATFORM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSANY CONTENT) IS SOLELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATIONTHE HWD PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED). HWD DOES NOT ENDORSE ANY CONTENT SUBMITTED TO THE HWD PLATFORM, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND XXX EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUCH CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HWD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR‐FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ASSUME RESPONSIBILITY FOR SELECTING HWD EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSACCURACY, AND FOR VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH THE INSTALLATION OFHWD PLATFORM, USE OF, AND RESULTS OBTAINED FROM OR THE PRODUCTQUALITY OR CONSISTENCY OF THE HWD PLATFORM. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO THIS WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSDISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Appears in 1 contract
Samples: User Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, LICENSED PRODUCT AND THE PRODUCT IS TAL DATA ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. TAL AND THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ASSUME TAL AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR TAL DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBILITY FOR SELECTING ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER AND/OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TAL OR ANY THIRD PARTY ARE AUTHORIZED TO ACHIEVE YOUR INTENDED RESULTSMAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TAL. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND FOR SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER TAL NOR ANY OF ITS AFFILIATES OR THE INSTALLATION OFSOURCES INCLUDING, USE OFWITHOUT LIMITATION, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONSEXCHANGES, THREATMODELER MAKES NO WARRANTY REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR THE TAL DATA WILL BE UNINTERRUPTED OR ERROR-FREE FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT, THE TAL DATA OR FREE FROM INTERRUPTIONS ANY OTHER INFORMATION IS AT SUBSCRIBER’S SOLE RISK AND THAT TAL AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, TAL DATA OR ANY OTHER FAILURES INFORMATION OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSCAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF THIS AGREEMENT.
Appears in 1 contract
Samples: License and Distribution Agreement (Archipelago Holdings L L C)
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINABB takes reasonable measures to incorporate accurate and reliable data in the ABB Services; however, ABB uses publicly available sources to collect the data and information incorporated into the ABB Services and cannot verify the accuracy, completeness or timeliness of any such data or information. Accordingly, except as specifically set forth in this Agreement, THE PRODUCT IS ABB SERVICES, AND ALL DATA AND RESULTS DERIVED THEREFROM, ARE PROVIDED "TO SUBSCRIBER STRICTLY “AS IS" ,” AND THREATMODELER ABB MAKES NO WARRANTY AS TO ITS USE REPRESENTATIONS OR PERFORMANCE. EXCEPT FOR WARRANTIES OF ANY WARRANTYKIND, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS WITH RESPECT TO ANY MATTER THE ABB SERVICES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. PURPOSE OR NONINFRINGEMENT, THE CONTENT OF INFORMATION TRANSMITTED BY YOU ASSUME RESPONSIBILITY FOR SELECTING THROUGH THE PRODUCT ABB SERVICES OR ANY LOSS, DELAY, INTERRUPTION, OR INACCURACY OF SUCH COMMUNICATIONS, LOSS OR INTERRUPTION OF DATA, RECORDINGS, COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; INABILITY TO ACHIEVE YOUR INTENDED RESULTSUSE THE ABB SERVICES TO CONTACT EMERGENCY SERVICES; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE ABB SERVICE; OR PROGRAM ERRORS), AND ABB EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. ABB DOES NOT WARRANT THAT: (a) THE SERVICES WILL OPERATE UNINTERRUPTED; (b) ALL ERRORS CAN BE CORRECTED; (c) THE ABB SERVICES ARE DESIGNED TO MEET ANY OF SUBSCRIBER’S BUSINESS REQUIREMENTS; OR (d) THE INFORMATION OR DATA PROVIDED IS ACCURATE OR ERROR-FREE. SUBSCRIBER ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE SERVICES FOR ITS REQUIREMENTS. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOR ABB SERVICES COMPRISED OF DATA, INFORMATION, ANALYSES, OR MODELS, ABB OBTAINS ITS DATA FROM THIRD PARTY SOURCES, AND THE DATA MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND SUBSCRIBER SHALL NOT RELY ON ABB FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED THROUGH SUCH SERVICES. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSUBSCRIBER ACCEPTS ALL SUCH INFORMATION ON AN “AS IS” “AS AVAILABLE” BASIS.
Appears in 1 contract
Samples: Renewable Insights Saas Access Terms
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ SECTION 13 ABOVE, THE LICENSED PRODUCT IS AND THE DAFC NETWORK ARE PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY, SATISFACTORY QUALITYDAFC ITS AFFILIATES, INTEGRATIONAND THE SOURCES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ASSUME DAFC, ITS AFFILIATES AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE DAFC NETWORK, OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR THE NETWORK. LICENSEE ACCEPTS FULL RESPONSIBILITY FOR SELECTING ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY LICENSEE AND/OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT OR THE DAFC NETWORK. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DAFC, ITS AFFILIATES OR ANY THIRD PARTY ARE AUTHORIZED TO ACHIEVE YOUR MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF DAFC. ACCORDINGLY, ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE SOURCES REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR THE DAFC NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT OR THE DAFC NETWORK IS AT LICENSEE'S SOLE RISK AND THAT DAFC AND ITS AFFILIATES AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE, ERRORS OR DELAYS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT OR THE DAFC NETWORK OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THE SOFTWARE, THE HARDWARE, AND THE APPLICATION SERVICES ARE PROVIDED "AS IS" AND NOT WARRANTIES, EXPRESS OR OTHERWISE, ARE MADE REGARDING THEM. LICENSEE HEREBY AGREES AND ACKNOWLEDGES THAT TH SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO OBTAIN THE INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER LICENSOR MAKES NO WARRANTY WARRANTIES AS TO THE PERFORMANCE OR RESULTS OF THE SOFTWARE, THE HARDWARE, OR THE APPLICATION SERVICES. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSOR DOES NOT WARRANT THAT THE PRODUCT SOFTWARE, HARDWARE, OR THE APPLICATION SERVICES WILL BE ERROR-FREE DELIVER ORDERS TO THE EXCHANGES, IF APPLICABLE, FULLY OR FREE FROM INTERRUPTIONS COMPLETELY ARRANGE OR OTHER FAILURES DISPLAY THE DESIRED OR ACQUIRED DATA, IF APPLICABLE, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSDATA THEY RECEIVE, PROVIDE, ARRANGE OR DISPLAY IS TRUE, ACCURATE OR REAL TIME. IN ADDITION, LICENSEE AGREES AND ACKNOWLEDGES THAT THE SOFTWARE'S CALCULATIONS MAY NOT BE CORRECT AND THAT THE SOFTWARE OR HARDWARE MAY FAIL WITHOUT WARNING. LICENSEE HEREBY AGREES AND UNDERSTANDS THAT LICENSOR MAKES NOR WARRANTIES OR GUARANTIES AS TO THE TIMELY OR CORRECT INSTALLATION OF THE SOFTWARE, OR THE HARDWARE OR ANY DOWN TIME THAT THE SOFTWARE OR HARDWARE MAY CAUSE LICENSEE IN ITS BUSINESS, EVEN IF LICENSOR IS ACTUALLY NOTIFIED OF THE POTENTIAL OF SUCH LOSSES. LICENSEE IS A SOPHISTICATED BUSINESSPERSON AND HAS EXERCISED ITS OWN JUDGMENT AND DILIGENCE IN REVIEWING THE SOFTWARE, THE HARDWARE, AND THE APPLICATION SERVICES AND THEIR CAPABILITIES. LICENSEE HAS MADE AN INDEPENDENT JUDGMENT TO ACQUIRE THE SOFTWARE AND THE HARDWARE AFTER ITS OWN REVIEW AND INVESTIGATION WITHOUT REGARD TO ANY WARRANTIES OR REPRESENTATIONS MADE BY LICENSOR. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF THIS AGREEMENT.
Appears in 1 contract
Samples: Software License and Network Access Agreement (Future Technologies Inc)
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN PARAGRAPH 7.2, iPrint MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, iPrint MAKES NO REPRESENTATION THAT THE OPERATION OR USE OF ANY SITES, PRODUCTS, SERVICES, TECHNOLOGY OR CONTENT PROVIDED HEREUNDER WILL COMPLY WITH APPLICABLE GOVERNMENT CODES OR LAW, OR WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND iPrint WILL NOT BE LIABLE FOR THE LIMITED WARRANTY CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. iPrint MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT WHICH MAY BE USED OR PROVIDED BY iPrint IN THE PERFORMANCE OF SERVICES HEREUNDER. WA ACKNOWLEDGES THAT iPrint HAS ENTERED INTO THIS AGREEMENT AND HAS SET ALL APPLICABLE COMPENSATION TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT SAME FORM IS THE PRODUCT WILL MEET YOUR REQUIREMENTSESSENTIAL BASIS OF THE BARGAIN.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY SET FORTH HEREIN, PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT PLATFORM. THE PLATFORM IS PROVIDED "AS IS" ", “WITH ALL FAULTS,” AND THREATMODELER MAKES NO WARRANTY “AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYAVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONDITIONWE DISCLAIM ALL WARRANTIES, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELEREXPRESS, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS STATUTORY OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT BUT NOT LIMITED TO: (1) THE WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SUMMIT. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT PLATFORM WILL MEET YOUR REQUIREMENTSNEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: cdn.summitlearning.org
Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, K12 INSIGHT PROVIDES THE SERVICE AS IS AND ON AN AS AVAILABLE BASIS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED WARRANTY SET FORTH HEREINTO, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, DATA ACCURACY AND QUIET ENJOYMENT. YOU ASSUME RESPONSIBILITY UNDERSTAND THAT K12 INSIGHT IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR SELECTING DELIVERING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSSERVICE. K12 INSIGHT EXPRESSLY DISCLAIMS THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICE, INCLUDING USER RESPONSES, CUSTOMER FEEDBACK, MOBILE APPLICATIONS, REPORTS, DASHBOARDS, AND SAMPLE SURVEYS, IS DONE AT YOUR OWN RISK AND YOU SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEMS. K12 INSIGHT SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO STORE, DOWNLOAD, OR BACKUP ITS DATA. YOU SHALL REMAIN RESPONSIBLE TO EVALUATE THE INSTALLATION OFACCURACY, USE OFRELIABILITY, COMPLETENESS AND RESULTS USEFULNESS OF ANY AND ALL CONTENT DELIVERED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM K12 INSIGHT OR THROUGH OR FROM THE PRODUCT. WITHOUT LIMITING SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSAGREEMENT.
Appears in 1 contract
Samples: K12 Insight Terms of Service
Warranty Disclaimer. EXCEPT AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR THE LIMITED WARRANTY SET FORTH HEREINANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE PRODUCT IS ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND "AS ISAVAILABLE" AND THREATMODELER MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR OF ANY WARRANTYKIND, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ALL IMPLIED WARRANTIES AND CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE, AND FOR NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE INSTALLATION OFUSE, USE OFOR THE RESULTS OF THE USE, AND RESULTS OBTAINED FROM OF THE PRODUCTACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY AIA ALSO DOES NOT WARRANT THAT THE PRODUCT ACD ONLINE SERVICE WILL BE ERROR-FREE ENABLE YOU TO MEET OR FREE FROM INTERRUPTIONS ACHIEVE ANY CERTIFICATION OR OTHER FAILURES LEGAL STANDARD OR OPERATE ERRORFREE, UNINTERRUPTED, OR IN A MANNER THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND PERFORMANCE OF THE ACD ONLINE SERVICE IS WITH YOU.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THE AGREEMENT OR IN THIS EXHIBIT N (TRAINING AND PRODUCTION DEVICE LICENSE AGREEMENT), AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED OTHERWISE REQUIRED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE T-MOBILE MAKES NO WARRANTYREPRESENTATIONS, CONDITIONWARRANTIES OR CONDITIONS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TRAINING DEVICES, WHETHER ALLEGED TO ARISE BY STATUTE, COMMON OPERATION OF LAW, CUSTOMBY REASON OF CUSTOM OR USAGE IN THE TRADE, USAGE BY COURSE OF DEALING OR OTHERWISE) AS TO ANY MATTER , INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO (I) NON-INFRINGEMENT, (II) MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR (III) FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTPURPOSE OR USE. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER MAKES NO WARRANTY T-MOBILE DOES NOT REPRESENT, WARRANT OR CONDITION THAT THE PRODUCT OPERATION OF THE TRAINING DEVICES WILL BE ERROR-UNINTERRUPTED, BUG FREE OR FREE ERROR FREE. EXCEPT FOR THE WARRANTIES PROVIDED BY THE APPLICABLE MANUFACTURER(S) OF THE TRAINING DEVICES, THE TRAINING DEVICES ARE PROVIDED “AS IS.” PROVIDER ACKNOWLEDGES THAT IT RELIES ON NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN OR IN THE SERVICES AGREEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE TERM OF LICENSE(S) GRANTED UNDER THIS EXHIBIT N (TRAINING AND PRODUCTION DEVICE LICENSE AGREEMENT). TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL T-MOBILE BE LIABLE FOR COST OF COVER OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM INTERRUPTIONS LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR OTHER FAILURES LOSS OF BUSINESS) ARISING OUT OF OR THAT IN CONNECTION WITH THIS AGREEMENT OR ANY TRAINING DEVICES PROVIDED HEREUNDER, EVEN IF T-MOBILE HAS BEEN ADVISED OF THE PRODUCT WILL MEET YOUR REQUIREMENTSPOSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
Appears in 1 contract
Samples: Call Center Services (Startek Inc)
Warranty Disclaimer. EXCEPT FOR a. THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT SOFTWARE IS PROVIDED "“AS IS" AND THREATMODELER MAKES ,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY AS TO ITS USE OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION WRITTEN INFORMATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED ADVICE PROVIDED BY APPLICABLE LAW. THREATMODELERHONEYWELL, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYCUSTOMERS, CONDITIONANY PARTIES OPERATING CENTRAL STATIONS, REPRESENTATIONNETWORK OPERATIONS CENTERS (“NOCs”), OR TERM EMERGENCY CALL CENTERS (EXPRESS “ECCs”) OR IMPLIEDENTITIES LICENSING, WHETHER INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY STATUTE, COMMON LAW, CUSTOMHONEYWELL, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDINGON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATIONINTERRUPTION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES HONEYWELL PROVIDES NO WARRANTY GUARANTEE THAT THE PRODUCT SOFTWARE WILL (i) BE ERROR-FREE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR FREE HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM INTERRUPTIONS A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER FAILURES OR EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCT WILL MEET AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR REQUIREMENTSCONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANT, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIER.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR TO THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW, THE MOBILE APP, FLEETNURSE MATERIALS, AND SERVICES ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. THREATMODELERFLEETNURSE EXPRESSLY DISCLAIMS ALL WARRANTIES, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWHETHER EXPRESS, CONDITION, REPRESENTATIONIMPLIED, OR TERM (EXPRESS OR IMPLIEDSTATUTORY, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO INCLUDING ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OFNON- INFRINGEMENT. IN PARTICULAR, USE OF, FLEETNURSE AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES ITS AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCT WILL BE ERROR-FREE MOBILE APP, FLEETNURSE MATERIALS, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, COMPLETE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY DEFECTS OR ERRORS IN THE MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES WILL BE CORRECTED; OR (E) YOU WILL REALIZE ANY AMOUNT OF ECONOMIC BENEFIT IN CONNECTION WITH THESE TERMS OR USE OF THE MOBILE APP OR OUR SERVICES. ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE MOBILE APP OR SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE MOBILE APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEETNURSE OR THROUGH OR FROM THE MOBILE APP OR SERVICES WILL CREATE ANY WARRANTY.
Appears in 1 contract
Samples: Fleetnurse Terms of Service
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR WITHOUT LIMITING ANY WARRANTYGUARANTEE, CONDITION, REPRESENTATION WARRANTY OR TERM THE EXTENT TO IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED EXCLUDED, THE SOFTWARE IS PROVIDED ON AN AS-IS BASIS. NUIX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS OR LIMITED BY APPLICABLE LAW. THREATMODELERIMPLIED REPRESENTATIONS, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWARRANTIES, CONDITION, REPRESENTATIONGUARANTEES, OR TERM CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICES (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY , NON- INFRINGEMENT, TITLE, QUALITY, OR SUITABILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSLICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND FOR THE INSTALLATION OFANY WARRANTIES ARISING FROM A COURSE OF DEALING, USE OFUSAGE, AND RESULTS OBTAINED FROM THE PRODUCTOR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER MAKES NO WARRANTY NUIX DOES NOT WARRANT THAT THE PRODUCT SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FREE FROM INTERRUPTIONS THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER FAILURES PRODUCTS OR SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR LICENSEE’S INTERNAL BUSINESS USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE LIMITATIONS IN THIS SECTION 11 WILL MEET YOUR REQUIREMENTS.NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SUBJECT TO SECTION 12.3 (NON-EXCLUDABLE STATUTORY PROVISIONS).
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT FOR THE LIMITED WARRANTY SET FORTH AS SPECIFICALLY PROVIDED HEREIN, THE PRODUCT IS PACKAGE AND ANY SUPPORT SERVICES ARE BEING PROVIDED "AS IS" AND THREATMODELER MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCEOF ANY KIND. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERDESKALERTS, ITS SUPPLIERS AFFILIATES AND AUTHORIZED PATNERS ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTYWARRANTIES OR GUARANTEES OR REPRESENTATIONS, CONDITIONAND EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY STATUTE, COMMON LAW, CUSTOM, USAGE LICENSEE OR OTHERWISE) AS TO ANY MATTER THIRD PARTY INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND FOR ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. DESKALERTS DOES NOT WARRANT THAT (A) THE INSTALLATION OFPACKAGE OR ANY SUPPORT SERVICES WILL MEET LICENSEE’S REQUIREMENTS, USE OF, AND RESULTS OBTAINED FROM (B) OPERATION OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT PACKAGE OR ANY SUPPORT SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT (C) DEFECTS WILL MEET YOUR REQUIREMENTSBE CORRECTED. 11.
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. EXCEPT FOR INSIDESALES AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE LIMITED WARRANTY SET FORTH HEREINRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. INSIDESALES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED CUSTOMER DATA WILL BE SECURE, COMPLETE, TIMELY, ACCURATE OR RELIABLE, (4) THE QUALITY OF THE SERVICES OR ANY OTHER INFORMATION, ITEMS, OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES, THE PRODUCT IS CONTENT, OR THE EQUIPMENT OR FACILITIES USED TO MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED "TO YOU STRICTLY ON AN “AS IS" ” BASIS. ALL CONDITIONS, REPRESENTATIONS AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYWARRANTIES, CONDITIONWHETHER EXPRESS, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS TO ANY MATTER , INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITYARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSIDESALES AND ITS LICENSORS. NO ADVICE, SATISFACTORY QUALITY, INTEGRATION, INFORMATION OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED ACTION FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO INSIDESALES OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSNOT EXPRESSLY STATED IN THIS AGREEMENT.
Appears in 1 contract
Samples: Master Terms and Conditions
Warranty Disclaimer. EXCEPT FOR 46 LABS SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR THE FACILITIES AND EQUIPMENT FURNISHED PURSUANT TO THE AGREEMENT, INCLUDING BUT NOT LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. YOU ASSUME RESPONSIBILITY IN NO EVENT SHALL 46 LABS OR ANY AFFILIATED PERSON OR ENTITY BE LIABLE TO CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY FOR SELECTING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, RELIANCE, COST OF COVER, SPECIAL, PUNITIVE OR SIMILAR OR ADDITIONAL DAMAGES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THE PRODUCT AGREEMENT, INCLUDING BUT NOT LIMITED TO ACHIEVE YOUR INTENDED RESULTSLOST REVENUES OR PROFITS, LOSS OF ABILITY TO PERFORM, LOST CONTRACTS, COSTS OF THIRD-PARTY REPAIR OR REPLACEMENT, OR FAILURE OF 911 OR OTHER FEATURES, EVEN IF CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY ADVISES 46 LABS OR ANY AFFILIATED PERSON OR ENTITY OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN THE EVENT A VENDOR(S) IS EMPLOYED ON BEHALF OF THE CUSTOMER, THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR PAYMENT TO THE VENDOR EMPLOYED WITHOUT CLAIM TO 46 LABS. 46 LABS SHALL NOT BE RESPONSIBLE FOR PAYMENT OF ANY VENDOR CHARGES INCURRED BY CUSTOMER OR ANY OTHER PARTY, WHETHER OR NOT SUCH CHARGES ARE AS A RESULT OF ERROR OR OMISSION BY 46 LABS OR ANY OTHER THIRD PARTY. IN THE EVENT 46 LABS DISPATCHES A VENDOR, LOCAL EXCHANGE CARRIER OR OTHER TECHNICIAN ON BEHALF OF CUSTOMER, AND IT IS DETERMINED THAT THE DISPATCH WAS DUE TO A CUSTOMER, CPE, WIRING, EQUIPMENT OR OTHER CUSTOMER RELATED ISSUE, THEN THE CUSTOMER WILL BE RESPONSIBLE FOR PAYMENT OF COSTS INCURRED BY 46 LABS FOR THE INSTALLATION OFDISPATCH. 46 LABS SHALL NOT BE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, USE OFMAINTENANCE OR REMOVAL OF EQUIPMENT OR THE PROVISIONING OF SERVICES, AND RESULTS OBTAINED CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS 46 LABS FROM THE PRODUCTAND AGAINST ANY LIABILITIES INCLUDING ATTORNEY’S FEES ARISING OUT OF SUCH DAMAGE OR INJURY. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER 46 LABS MAKES NO WARRANTY REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT WILL BE ERROR-SERVICES ARE FREE OF RIGHTFUL CLAIMS BY ANY THIRD PARTY FOR INFRINGEMENT OR FREE FROM INTERRUPTIONS MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER FAILURES PROPRIETARY RIGHTS. NO ADVICE OR THAT INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM 46 LABS, OR ITS EMPLOYEES, CONTRACTORS, OR AGENTS, REGARDING THE PRODUCT WILL MEET YOUR REQUIREMENTSSERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER’S REMEDIES FOR CLAIMS UNDER THIS AGREEMENT SHALL BE LIMITED TO OUTAGE CREDITS AS DESCRIBED HEREIN.
Appears in 1 contract
Samples: Master Service Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER LICENSOR MAKES NO WARRANTY AS TO ITS USE REPRESENTATION, GUARANTEE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (------------------- EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY MATTER OF THE INVENTIONS CONTAINED IN THE TECHNOLOGY OR FROM MANUFACTURE OR SALE OF ANY PRODUCT, AND LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME LICENSOR SHALL HAVE NO RESPONSIBILITY FOR SELECTING THE PRODUCT UNDER ANY LEGAL PRINCIPLE TO ACHIEVE YOUR INTENDED RESULTSLICENSEE, AND ITS SUBLICENSEE OR TO OTHERS FOR THE INSTALLATION OFABILITY OF LICENSEE OR ITS SUBLICENSEE TO USE THE TECHNOLOGY; FOR THE QUALITY, USE OFQUANTITY OR PERFORMANCE OF ANY PRODUCTS MANUFACTURED UNDER THE TECHNOLOGY; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, AND RESULTS OBTAINED FROM THE PRODUCTDESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. WITHOUT LIMITING THE FOREGOING PROVISIONSIN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ITS SUBLICENSEE FOR ANY DAMAGES, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERRORINCLUDING ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER THIS AGREEMENT OR OTHERWISE. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. . Dispute Resolution ----------------- Should any dispute between Licensor and Licensee arise under this agreement, Licensor and Licensee, through appropriately senior executives, shall first meet and attempt to resolve the dispute in face-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSto-face negotiations. This meeting shall occur within [ * ] of the time the dispute arises. If no resolution is reached, Licensor and Licensee shall, within [ * ] of the first meeting, attempt to settle the dispute by formal mediation. If the parties cannot agree upon a mediator and the place of mediation, the mediation shall be administered by the American Arbitration Association in Research Triangle Park, North Carolina. If no resolution is reached through formal mediation, the dispute shall be resolved by binding arbitration before a three-arbitrator panel, administered by the American Arbitration Association, with limited discovery. Each party shall select one of the arbitrators and those arbitrators shall select the third. The venue shall be either Research Triangle Park, North Carolina if the notice of intent to arbitrate the dispute is first given by Licensee or Seattle, Washington if the notice of intent to arbitrate is first given by Licensor and the governing law shall be that of the State of North Carolina in either instance, without giving effect to conflict of law considerations. In no event shall punitive or exemplary damages o attorney's fees be awardable and each party shall be responsible for it's own attorney's fees. Notwithstanding the foregoing dispute resolution and governing law provisions, Licensor and Licensee shall each retain the right to seek judicial injunctive and other equitable relief where appropriate.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINPARTIES ACKNOWLEDGE THAT THE API, THE PRODUCT IS PROVIDED "Content and any services are provided “AS IS" .” COMPANY AND THREATMODELER MAKES NO WARRANTY AS ITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO ITS USE THE API OR PERFORMANCE. EXCEPT FOR ANY WARRANTYSERVICES, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY PURPOSE OR THAT THE PRODUCT SUCH API OR SERVICES WILL BE ERROR-FREE FREE. 13. LIMITATION OF LIABILITY. COMPANY ITS OWNERS, DIRECTORS, ASSIGNS, AND AFFILIATES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR FREE FROM INTERRUPTIONS LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR THE TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER FAILURES THEORY (A) FOR LOSS OR THAT INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS OR (C) FOR ANY AMOUNT IN THE PRODUCT WILL MEET YOUR REQUIREMENTSAGGREGATE OF THE AMOUNT PAID OR PAYABLE BY LICENSEE UNDER SECTION 7 (PROVIDED THAT, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP SHALL BE FIVE HUNDRED DOLLARS (US$500.00)). COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE PRODUCT IS SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND THREATMODELER MAKES NO WARRANTY "AS AVAILABLE". IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS USE AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSDESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITYQUALITY OF INFORMATION, INTEGRATIONQUIET ENJOYMENT, OR TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ASSUME RESPONSIBILITY FOR SELECTING ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSINTERNET AND THAT: (I) VIRUSES, AND FOR THE INSTALLATION OFWORMS, USE OFTROJAN HORSES, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES UNDESIRABLE DATA OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms. iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.
Appears in 1 contract
Samples: blogs.ksbe.edu
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCT IS PROVIDED "AS IS" FULLEST EXTENT PERMITTED BY LAW, MISTNET AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MISTNET MAKES NO WARRANTY THAT THE PRODUCT OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE ERROR-FREE SECURE OR FREE FROM INTERRUPTIONS ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT MISTNET DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER FAILURES SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR THAT POSSIBLE IN THE PRODUCT WILL MEET YOUR REQUIREMENTSCUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.
Appears in 1 contract
Samples: Master Customer Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PRODUCTS ARE PROVIDED "“AS IS" ” AND THREATMODELER MAKES NO WITHOUT WARRANTY AS TO ITS USE OR PERFORMANCEOF ANY KIND BY AMPLIFY. EXCEPT FOR ANY WARRANTYAMPLIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) INCLUDING ANY WARRANTY AS TO ANY MATTER INCLUDINGTITLE, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. YOU ASSUME CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PRODUCT PRODUCTS TO ACHIEVE YOUR CUSTOMER’S INTENDED RESULTS, RESULTS AND FOR THE INSTALLATION OFACCESS AND USE OF THE PRODUCTS, USE OF, AND INCLUDING THE RESULTS OBTAINED FROM THE PRODUCTPRODUCTS. WITHOUT LIMITING THE FOREGOING PROVISIONSFOREGOING, THREATMODELER AMPLIFY MAKES NO WARRANTY THAT THE PRODUCT PRODUCTS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR CUSTOMER’S REQUIREMENTS. AMPLIFY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY THIRD-PARTY CONTENT OR SOFTWARE INCLUDED IN PRODUCTS, INCLUDING THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF, OR IP RIGHTS RELATING TO, SUCH THIRD-PARTY CONTENT AND SOFTWARE. ANY ACCESS TO OR USE OF SUCH THIRD-PARTY CONTENT AND SOFTWARE MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND INFORMATION COLLECTION, USAGE, AND DISCLOSURE PRACTICES OF THIRD PARTIES.
Appears in 1 contract
Samples: Vendor Agreement
Warranty Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE TELETRACKING MAKES NO WARRANTYWARRANTIES OF ANY KIND, CONDITIONWHETHER EXPRESS, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE) AS TO , AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE, WITH RESPECT TO THE TELETRACKING SOFTWARE. THIRD PARTY PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FOR THE INSTALLATION OFTHIRD PARTY SOFTWARE, USE OFHARDWARE, OR SERVICES, AND RESULTS OBTAINED SHALL HAVE NO LIABILITY FOR ANY DELAYS, FAILURES OR LOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO ANY THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES. NOR SHALL TELETRACKING HAVE ANY LIABILITY RESULTING FROM THE PRODUCT. TRANSMISSION OF DATA BY CLIENT VIA THIRD PARTY networks or telecommunications products and services including, WITHOUT LIMITING THE FOREGOING PROVISIONSLIMITATION, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSthe internet and mobile devices.
Appears in 1 contract
Samples: Subscription and License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREINWARRANTY, THE PRODUCT IS PROVIDED SELLER SELLS AND BUYER ACCEPTS ALL VEHICLES "AS IS" ", AND THREATMODELER SELLER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTYAND DISCLAIMS ALL CONDITIONS, CONDITIONGUARANTEES, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELERREPRESENTATIONS, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWARRANTIES, CONDITION, REPRESENTATION, OR TERM (WHETHER EXPRESS OR IMPLIED, WHETHER EXISTING BY STATUTE, COMMON LAW, CUSTOMSTATUTE, USAGE OR OTHERWISE) AS , REGARDING ANY VEHICLE (INCLUDING WITH RESPECT TO ANY MATTER INCLUDINGTHE QUALITY, WITHOUT LIMITATIONQUANTITY, NONINFRINGEMENT OF THIRD PARTY RIGHTSFITNESS, MERCHANTABILITY, SATISFACTORY QUALITYDURABILITY, INTEGRATIONOR SUITABILITY OF ANY VEHICLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING SELLER MAY MAKE DESIGN AND SPECIFICATION CHANGES TO FUTURE VEHICLES WITHOUT NOTICE OR OBLIGATION TO BUYER. NO ASSISTANCE, INFORMATION, OR SUGGESTION OR ANY OTHER ORAL STATEMENT BY ANY AGENT OR EMPLOYEE OF SELLER REGARDING THE PRODUCT PURCHASE, USE, SELECTION, APPLICATION, TECHNICAL SPECIFICATIONS, OR SUITABILITY OF ANY VEHICLE WILL BE DEEMED TO ACHIEVE YOUR INTENDED RESULTSBE A REPRESENTATION OR WARRANTY OF ANY KIND, AND BUYER MAY NOT RELY UPON ANY SUCH STATEMENT FOR ANY REASON. BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER HAS RELIED EXCLUSIVELY UPON BUYER'S OWN KNOWLEDGE AND JUDGMENT REGARDING ALL VEHICLES, INCLUDING THE INSTALLATION OFFITNESS OR SUITABILITY OF ANY VEHICLE FOR BUYER'S PARTICULAR, INTENDED, OR CONTEMPLATED USE OF, AND RESULTS OBTAINED FROM OR PURPOSE. THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO SOLE LIABILITY OF SELLER TO BUYER FOR A BREACH OF WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE TO REPAIR OR FREE FROM INTERRUPTIONS REPLACE ANY DEFECTIVE PART OR OTHER FAILURES COMPONENT, WHICH DEFECTIVE PART OR THAT COMPONENT BUYER RETURNS TO SELLER AND IS, IN SELLER'S SOLE DISCRETION, DEFECTIVE. THE PRODUCT OPTION OF REPAIR OR REPLACEMENT WILL MEET YOUR REQUIREMENTSBE F.O.B. SELLER'S PRINCIPAL PLACE OF BUSINESS.
Appears in 1 contract
Samples: www.extremedutyvehicles.com
Warranty Disclaimer. EXCEPT YOUR USE OF THE APPLICATION, A COMPATIBLE SENSOR UNIT AND/OR POWER CONTROL UNIT IS AT YOUR SOLE DISCRETION AND RISK. THE APPLICATION, COMPATIBLE SENSOR UNIT AND/OR POWER CONTROL UNIT DO NOT DIMINISH OR REMOVE YOUR RESPONSIBILITY TO FOLLOW APPLICABLE AUTHORITIES’ ORDERS OR RESPONSIBILITY TO ACT WITH DUE CARE TO AVOID DAMAGE TO PROPERTY AND PERSONS. SAFERA DISCLAIMS RESPONSIBILITY FOR ANY AND ALL LIABILITIES, LOSSES, DAMAGES (INCLUDING DAMAGES TO YOUR HOME OR ANY PART OF IT) ARISING FROM YOUR USE OF THE LIMITED WARRANTY SET FORTH HEREINAPPLICATION, COMPATIBLE SENSOR UNIT AND/OR POWER CONTROL UNIT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE PRODUCT APPLICATION AND THE INFORMATION PROVIDED THEREIN IS PROVIDED TO YOU "AS AS-IS" AND THREATMODELER MAKES NO WARRANTY "AS AVAILABLE". SAFERA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RELATION TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE APPLICATION TO THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED ALLOWED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTYWHETHER STATUTORY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NONINFRINGEMENT WARRANTIES OF THIRD PARTY RIGHTSTITLE, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, ACCURACY, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTNON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER SAFERA MAKES NO WARRANTY WARRANTIES THAT THE PRODUCT APPLICATION WILL BE ERROR-SECURE, FREE OR OF ERRORS, UNINTERRUPTED, FREE FROM INTERRUPTIONS OF VIRUSES OR OTHER FAILURES HARMFUL CODE. ANY USE OF THE APPLICATION, COMPATIBLE SENSOR UNIT AND/OR THAT POWER CONTROL UNIT NOT IN ACCORDANCE WITH THE PRODUCT WILL MEET YOUR REQUIREMENTSCENELEC STANDARD EN 50615:2015 VOIDS ANY AND ALL WARRANTIES GRANTED TO YOU BY SAFERA UNDER ANY AND ALL AGREEMENTS BETWEEN YOU AND SAFERA.
Appears in 1 contract
Samples: User License Agreement
Warranty Disclaimer. (i) EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE PRODUCT IS PROVIDED "AS IS" PARTIES DO NOT MAKE OR GIVE ANY OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WHATSOEVER REGARDING THIS AGREEMENT, THE SUBJECT MATTER OF THIS AGREEMENT OR ANY RELATED MATTER, AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE EACH PARTY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES OF EVERY NATURE AND KIND WHATSOEVER, EXPRESS OR PERFORMANCE. EXCEPT FOR IMPLIED BY LAW, INCLUDING ANY WARRANTY, CONDITION, REPRESENTATION STATUTE OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATIONREGULATION, OR TERM (EXPRESS ARISING FROM CUSTOM OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE OR OTHERWISE) AS TO BY ANY MATTER INCLUDINGCOURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING WITHOUT LIMITATIONLIMITATION ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING WITHOUT PREJUDICE TO THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSFOREGOING, CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTY OF ANY KIND, AND EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR THE INSTALLATION OFANY HARM, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS DAMAGES OR OTHER FAILURES LIABILITY CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS. (ii) XXXXXXXXXX.XXX LICENSES THE LICENSED MARKS TO RESELLER UNDER THE TRADEMARK LICENSE INCLUDED IN THIS AGREEMENT “AS IS” AND WITHOUT WARRANTY OF ANY KIND. XXXXXXXXXX.XXX HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE LICENSED MARKS, WHETHER STATUTORY, EXPRESS OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSIMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Appears in 1 contract
Warranty Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED OTHERWISE IN THIS, TO THE LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, TRUESOURCE WEBSITES, ACCOUNTS, XXXX PLATFORM, MARKETPLACE, TRUESOURCE SERVICES, AND/OR ANY AND ALL OTHER SERVICES AND/OR PRODUCTS RELATED THERETO AND/OR MADE AVAILABLE TO ENTERPRISE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND TRUESOURCE AND ITS LICENSORS, VENDORS, AND/OR SUPPLIERS DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES, CONDITIONGUARANTEES, REPRESENTATIONPROMISES, OR TERM (REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTEINCLUDING, COMMON LAWBUT NOT LIMITED TO, CUSTOMANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, OR OTHERWISE) AS CONTENT AND/OR DATA ACCURACY. TRUESOURCE, ON BEHALF OF ITSELF AND ITS LICENSORS, VENDORS, AND/OR SUPPLIERS, DOES NOT WARRANT THAT THE TRUESOURCE SERVICES AND/OR ANY AND ALL OTHER SERVICES AND/OR PRODUCTS MADE AVAILABLE TO USER WILL MEET ENTERPRISE REQUIREMENTS OR EXPECTATIONS, THAT THE OPERATION AND/OR USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MATTER ERRORS WILL BE CORRECTED. ENTERPRISE ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT, ABSENT SUCH DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSTHE ECONOMIC TERMS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL WOULD BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSUBSTANTIALLY DIFFERENT.
Appears in 1 contract
Samples: Marketplace Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, TO THE PRODUCT IS PROVIDED "AS IS" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE MAXIMUM EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND AUTHORIZED PATNERS MAKE NO WARRANTYCONDITIONS, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTEINCLUDING WITHOUT LIMITATION ANY TERMS, COMMON LAWREPRESENTATIONS, CUSTOM, USAGE WARRANTIES OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT CONDITIONS OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITYDURABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND FOR THE INSTALLATION OFTHOSE ARISING BY STATUTE OR IN LAW, USE OF, AND RESULTS OBTAINED OR FROM THE PRODUCTA COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING PROVISIONSGENERALITY OF THE FOREGOING, THREATMODELER MAKES NO WARRANTY THAT WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE PRODUCT PRODUCTS WILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS; (B) THE PRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT RESULTS OBTAINED FROM THEIR USE WILL MEET YOUR REQUIREMENTSBE ACCURATE, RELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, MAPPING SERVICES, POSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.
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Samples: Geotab End User Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE PRODUCT IS SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND THREATMODELER MAKES NO WARRANTY "AS AVAILABLE". IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS, ITS USE AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR PERFORMANCE. EXCEPT FOR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTSDESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITYQUALITY OF INFORMATION, INTEGRATIONQUIET ENJOYMENT, OR TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ASSUME RESPONSIBILITY FOR SELECTING ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSINTERNET AND THAT: (I) VIRUSES, AND FOR THE INSTALLATION OFWORMS, USE OFTROJAN HORSES, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES UNDESIRABLE DATA OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSSOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of iParadigms.iParadigms does not preview user Communications before they appear on the Site. iParadigms will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. iParadigms is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.
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Samples: services.anu.edu.au
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ SECTION 14.1 (GENERAL WARRANTIES) AND 14.2 (VIRUS WARRANTY), THE PRODUCT IS ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED "“AS IS" ,” AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND AUTHORIZED PATNERS MAKE NO WARRANTYALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, CONDITIONINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, REPRESENTATIONTITLE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU ASSUME RESPONSIBILITY ATLASSIAN WILL NOT BE LIABLE FOR SELECTING DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE PRODUCT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO ACHIEVE YOUR INTENDED RESULTSTHE MAXIMUM EXTENT PERMITTED BY LAW, AND FOR NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE INSTALLATION OFRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT OF ANY SOFTWARE WILL BE ERROR-FREE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM INTERRUPTIONS ERROR- FREE; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER FAILURES MATERIAL PURCHASED OR THAT OBTAINED BY YOU THROUGH THE PRODUCT SOFTWARE) WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.2 (VIRUS WARRANTY), THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
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Samples: Licence Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH HEREININ SECTION 4 ABOVE, THE DATA, THE TICK DATA SYSTEM, AND THE SOFTWARE PRODUCT IS ARE PROVIDED "“AS IS" AND THREATMODELER ”. NONE OF TICK DATA, ITS RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTY PROVIDER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE DATA OR ANY PART THEREOF OR THAT THE DATA, THE TICK DATA SYSTEM, AND THE SOFTWARE PRODUCT IS ERROR FREE. TICK DATA, ITS RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTY PROVIDER DISCLAIM ALL WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS, WHETHER BY STATUTEEXPRESS OR IMPLIED, COMMON LAWIN LAW OR IN FACT, CUSTOMORAL OR IN WRITING, OR THAT ARISE FROM STATUTE OR FROM A COURSE OF DEALING, USAGE OR OTHERWISE) AS TO TRADE INCLUDING WITHOUT LIMITATION ANY MATTER INCLUDINGWARRANTIES, WITHOUT LIMITATIONCONDITIONS, NONINFRINGEMENT GUARANTIES OR REPRESENTATIONS OF THIRD PARTY RIGHTSFITNESS FOR PURPOSE, MERCHANTABILITY, MERCHANTABILITY OR MERCHANTABLE OR SATISFACTORY QUALITY, INTEGRATIONOR FOR NON- INFRINGEMENT. NEITHER TICK DATA, ITS RELATED PARTIES, AFFILIATES, AGENTS, OR FITNESS ANY THIRD PARTY PROVIDER WILL BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR A PARTICULAR PURPOSEANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING ANY TRADING LOSSES OR FAILURE TO SUCCESSFULLY IMPLEMENT ANY INVESTMENT STRATEGY REGARDLESS OF WHETHER TICK DATA, ANY OF ITS RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH LOSSES. YOU ASSUME LICENSEE ACCEPTS FULL RESPONSIBILITY FOR SELECTING ANY INVESTMENT DECISIONS MADE BY LICENSEE USING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTSDATA, THE TICK DATA SYSTEM, AND FOR THE INSTALLATION OFSOFTWARE PRODUCT. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TICK DATA, ITS AFFILIATES OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TICK DATA OR ANY LICENSOR TO TICK DATA. ACCORDINGLY, ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. LICENSEE EXPRESSLY AGREES THAT USE OFOF THE DATA, THE TICK DATA SYSTEM, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT IS AT LICENSEE'S SOLE RISK AND THAT TICK DATA AND ITS AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR LOSSES CAUSED BY THE LICENSED DATA, THE TICK DATA SYSTEM, OR THE SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, THREATMODELER MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE THIS SECTION SHALL SURVIVE TERMINATION OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTSEXPIRATION AND NONRENEWAL OF THIS AGREEMENT.
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