Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE. b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 14 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. a. VSTORE has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with the Storefront, and does not and cannot warrant the results obtained or not obtained by such use or interaction. VSTORE DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY NETWORK OR REPRESENTATIONS THE STOREFRONT WILL BE UNINTERRUPTED OR THAT THE OPERATION OF ANY KINDTHE NETWORK OR THE STOREFRONT WILL BE ERROR-FREE OR SECURE. VSTORE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL RELATING TO THE NETWORK, THE STOREFRONT, OR ANY PRODUCT SOLD THROUGH THE NETWORK OR THE STOREFRONT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLRIGHTS, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISETRADE USAGE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE NETWORK, THE STOREFRONT, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT ANY ENVIRONMENT. YOU WILL NOT HAVE ABURGLARYASSUME ALL RISK OF THE USE, ROBBERYQUALITY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICYPERFORMANCE OF THE NETWORK AND THE STOREFRONT. YOU FURTHER ACKNOWLEDGE THAT VSTORE BEARS NO RESPONSIBILITY FOR (A) ANY PRODUCT, (B) THE AVAILABILITY AND FUNCTIONALITY PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT, OR (C) YOUR CONTENT (AS DEFINED HEREIN) OR ANY THIRD PARTY'S RELIANCE THEREON. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USEPRODUCT, 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 CARRIERTO VSTORE.
Appears in 8 contracts
Samples: Vstore Terms of Agreement (E the Movie Networks), Vstore Virtual Storefront Agreement (Dynamic Reality Inc), Vstore Virtual Storefront Agreement (Net Based Media Inc)
Warranty Disclaimer. a. YOUR USE OF THE SOFTWARE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS IS,AVAILABLE.” WITHOUT ANY WARRANTY LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR REPRESENTATIONS IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, 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 KINDINTELLECTUAL 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, WHETHER RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLSTATUTORY WARRANTIES TO APPLY TO YOU, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE ABOVE EXCLUSIONS WILL APPLY TO USER. YOU TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 6 contracts
Samples: Terms of Use, Client Agreement, Client Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART YOU AGREE THAT YOUR USE OF THE SOFTWARE TO USERYOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELLYOUTUBE, ON BEHALF OF ITSELF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY AGENTS DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONANY (I) ERRORS, MISTAKES, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICESINACCURACIES OF CONTENT, (iiII) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH DAMAGE OF ANY KIND INCURRED AS A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESULT OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONUSE OF ANY CONTENT POSTED, YOUR USEEMAILED, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET ANY PRODUCT OR SERVICE PROVIDER, SATELLITE PROVIDERADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBILE DEVICE CARRIERYOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Appears in 5 contracts
Samples: Ipad Software License Agreement, Iphone Software License Agreement, Ios Software License Agreement
Warranty Disclaimer. a. 28.1 MICROSOFT, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER WORLDSPAN, ITS PARTNERS, AFFILIATES, NOR ANY SERVICE PROVIDER OR OTHER SUPPLIER OF DATA PROVIDED THROUGH THE SOFTWARE IS WORLDSPAN SYSTEM WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SOFTWARE, DATA OR EQUIPMENT. MICROSOFT FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED “HEREIN, WORLDSPAN, ITS PARTNERS, AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTICIPATION OR IDENTITIES OF TRAVEL SUPPLIERS OR VENDORS IN THE WORLDSPAN SYSTEM. EXCEPT AS IS,” WITHOUT ANY WARRANTY OTHERWISE PROVIDED HEREIN, NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEXPRESSED OR IMPLIED, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN ARE MADE BY HONEYWELL WORLDSPAN WITH RESPECT TO THE WORLDSPAN SYSTEM OR ANY THIRD PARTY SHALL CREATE WORLDSPAN SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL MERCHANTABILITY OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLFITNESS FOR A PARTICULAR PURPOSE.
28.2 WORLDSPAN, ON BEHALF OF ITSELF ITSELF, ITS SUBSIDIARIES, AFFILIATES, AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER MICROSOFT, ITS LICENSORS AND SUPPLIERSAFFILIATES, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY AND OR FITNESS FOR PURPOSEA PARTICULAR PURPOSE OF ANY SOFTWARE, DATA OR EQUIPMENT. HONEYWELL DOES WORLDSPAN FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, MICROSOFT, ITS PARTNERS, AND AFFILIATES DO NOT WARRANT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTICIPATION LEVEL OF USERS THE MICROSOFT SYSTEM OR THE REVENUES THAT MIGHT BE GENERATED THEREBY. EXCEPT AS OTHERWISE PROVIDED HEREIN, NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ARE MADE BY MICROSOFT WITH RESPECT TO THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONMICROSOFT SYSTEM, ITS SUBSCRIBERS, OR BE ERROR FREEANY MICROSOFT SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 5 contracts
Samples: CRS Marketing, Services and Development Agreement (Worldspan Viator Holdings LLC), Marketing, Services and Development Agreement (Worldspan BBN Holdings LLC), Marketing, Services and Development Agreement (Worldspan Storemaker Holdings LLC)
Warranty Disclaimer. a. TO THE SOFTWARE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE 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 HONEYWELL 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. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)MONEY, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGNOT LOSE MONEY, INSTALLINGAS A RESULT OF USING THE APPLICATIONS. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLMOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSAND/OR ANY OTHER CLAIMS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONLOSSES, LIABILITIES, DAMAGES, COSTS OR BE ERROR FREEEXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 5 contracts
Samples: End User License Agreement, End User License Agreement (Eula), End User License Agreement (Eula)
Warranty Disclaimer. a. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED “ON AN "AS IS,” " BASIS 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 CONDITION OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTERARISE FROM YOUR DATA, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTEDTHIRD-PARTY DATA, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOCSERVICES PROVIDED BY THIRD PARTIES, 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 TRANSMISSION OF DATA OVER NETWORKS THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM SUMO LOGIC DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARYOWN, ROBBERY, FIRE OPERATE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERCONTROL.
Appears in 5 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCEPT AS IS,” WITHOUT OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY REPRESENTATIONS OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, WITH RESPECT TO ANY ITEMS OR SOLUTION PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNON-INFRINGEMENT, ITS CUSTOMERSMERCHANTABILITY, ANY PARTIES OPERATING CENTRAL STATIONSSATISFACTORY QUALITY, NETWORK OPERATIONS CENTERS (“NOCs”)TITLE, OR EMERGENCY CALL CENTERS (“ECCs”) FITNESS FOR A PARTICULAR PURPOSE OR ENTITIES LICENSINGARISING BY USAGE OF TRADE, INSTALLING, CONFIGURING, MAINTAINTINGCOURSE OF DEALING, OR SUPPLYING ALL OR PART COURSE OF PERFORMANCE, AND FORWARD NETWOKS HEREBY DISCLAIMS THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, SAME ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL FORWARD NETWORKS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SOLUTION OR DOCUMENTATION WILL OPERATE WITHOUT INTERRUPTIONMEET CUSTOMER’S NEEDS OR REQUIREMENTS, THAT ANY CONTENT OR DATA GENERATED BY THE SOLUTION WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT USE OF THE SOLUTION WILL BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOINGUNINTERRUPTED, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSTIMELY, COMPUTERSECURE OR FREE FROM ERROR, OR HANDHELD DEVICESTHAT ANY DEFECTS IN THE SOLUTION OR DOCUMENTATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, (ii) PROVIDE ADEQUATE WARNINGSWHETHER ORAL OR WRITTEN, (iii) OBTAINED FROM FORWARD NETWORKS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EXPRESSLY STATED IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERTHIS AGREEMENT.
Appears in 4 contracts
Samples: Customer License Agreement, Customer License Agreement, Master Services Agreement
Warranty Disclaimer. a. 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 SOFTWARE IS FOREGOING. THE PARTIES ACKNOWLEDGE THAT ANY INFORMATION, BIOLOGICAL MATERIAL AND KNOW-HOW PROVIDED BY ONE PARTY TO ANOTHER HEREUNDER, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED. NEITHER PARTY MAKES ANY WARRANTIES, IMPLIED EXPRESS OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR IMPLIED, AS TO ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. MATTER RELATING TO THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTAGREEMENT, INCLUDING, WITHOUT LIMITATION WITH RESPECT TO ANY COMPUGEN INTELLECTUAL PROPERTY, BAYER INTELLECTUAL PROPERTY, PROGRAM KNOW-HOW OR THE PERFORMANCE, CONDITION, ORIGINALITY OR ACCURACY OF THE RESULTS OF THE RESEARCH PROGRAM. SUBJECT TO SECTION 11.2, NEITHER PARTY MAKES ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR EXAMPLEA PARTICULAR PURPOSE WITH RESPECT TO ANY COMPUGEN INTELLECTUAL PROPERTY, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERBAYER INTELLECTUAL PROPERTY OR PROGRAM KNOW-HOW OR THAT THE USE OR PRACTICE OF ANY OF THE FOREGOING WILL NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Appears in 4 contracts
Samples: Research and Development Collaboration and License Agreement (Compugen LTD), Research and Development Collaboration and License Agreement (Compugen LTD), Research and Development Collaboration and License Agreement (Compugen LTD)
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OR SCHEDULE “C”, BLUECAT DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS BLUECAT OFFERINGS, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY OR ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THEM. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.2, THIS SECTION 6, AND SCHEDULE “C”, THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (AND “NOCsAS AVAILABLE”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLBLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, ON BEHALF WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF ITSELF AND ITS LICENSORS AND SUPPLIERSDEALING OR TRADE, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONA PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR BE ERROR FREE.
b. UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, ANY DATA OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS PROVIDED TO OR FROM 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 CUSTOMER IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY CUSTOMER’S USE OF ANY OF THE SOFTWARE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR PROFESSIONAL SERVICES IS DEPENDENT ON YOUR CONFIGURATIONACCURATE, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANT, INCLUDING, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERANY PURPOSE WHATSOEVER.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “"AS IS,” " WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR STATUTORYMAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE AUTHOR OR IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE AUTHOR ON THIS SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL THE AUTHOR, IT'S DEALERS, DISTRIBUTORS, AGENTS, OR ANY THIRD PARTY EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WARRANTY WAY INCREASE THE SCOPE OF ANY KINDTHIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISEWARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT MAY HAVE ABURGLARYOTHER RIGHTS, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERVARY FROM STATE TO STATE.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Developer Software License Agreement
Warranty Disclaimer. a. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE SOFTWARE IS CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
13.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES AND THE SERVICE ARE PROVIDED “ON AN "AS IS,", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY WARRANTY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF ANY KINDMERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
13.2. NO ORAL WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR WRITTEN INFORMATION REPRESENTATION THAT THE SERVICE AND SITES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR ADVICE GIVEN BY HONEYWELL THAT THE SITES AND/OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
13.3. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICE (OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERSCOMPATIBLE WITH, ANY PARTIES OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING CENTRAL STATIONSSYSTEMS, NETWORK OPERATIONS CENTERS BROWSERS, SOFTWARE OR TOOLS (“NOCs”OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE COMPLY WITH ANY LAWS APPLICABLE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, YOU; AND/OR (ivII) PREVENT REGARDING ANY PERSONAL INJURY CONTENT, INFORMATION, REPORTS 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 RESULTS THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OBTAIN THROUGH THE SERVICE AND/OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERSITES.
Appears in 4 contracts
Samples: Terms of Service, Terms of Service, Rental Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES INCLUDES, WITHOUT LIMITATION LIMITATION, ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) ), OR ANY ENTITIES OR PROVIDERS LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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, SPRINKLER SYSTEMS, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 4 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. a. LICENSOR’S WARRANTY FOR THE SOFTWARE DEVICE, IF ANY, IS STATED ON THE PURCHASE TERMS PROVIDED “AS IS,” WITHOUT ANY WARRANTY BY LICENSOR AND NOT IN THIS XXXX. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KINDTO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS OPERATION, WHETHER EXPRESSEXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)RIGHTS, OR EMERGENCY CALL CENTERS (“ECCs”) AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERINFORMATION SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE WITHOUT INTERRUPTIONUNINTERRUPTED. IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR BE ERROR FREE.
b. CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITING 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 ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ACHIEVE USING THE SOFTWARE OR WHICH RELATE TO THE STORAGE OF ANY DATA OR FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY DATA. WITHOUT LIMITATION OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSOFTWARE, COMPUTERTHE USE OR INABILITY TO USE THE SOFTWARE, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EXCEED IN THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERAGGREGATE US$5,000.
Appears in 4 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula), End User License Agreement (Eula)
Warranty Disclaimer. a. 8.1 BANK WARRANTS THAT THE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE IS SERVICES INDUSTRY, AS APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY NATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, OR OTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (D) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK, ITS SERVICE PROVIDERS NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SOFTWARE OR RDC SERVICE WILL BE ERROR-FREE, THAT ITS OPERATION WILL BE UNINTERRUPTED OR THAT ALL DEFICIENCIES OR ERRORS WILL BE CORRECTED.
8.2 THE SOFTWARE AND THE SUPPORT SERVICES HEREUNDER ARE PROVIDED TO YOU “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 3 contracts
Samples: Treasury Management Master Services Agreement, Treasury Management Master Services Agreement, Treasury Management Master Services Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND XPAND IT AND ITS RESELLERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)IMPLIED, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGSTATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, INSTALLINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, CONFIGURINGIF ANY, MAINTAINTINGSHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, OR SUPPLYING ALL OR PART INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER XPAND IT NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, DEFECTS WILL BE CORRECTED; OR (ivF) PREVENT THE PRODUCTS (OR ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE SERVER(S) THAT USING THE SOFTWARE IN CONNECTION WITH MAKE A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCEPT AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND REPRESENTATIONS CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR BE ERROR FREE.
b. FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE PRODUCTS WILL MEET PURCHASER’S BUSINESS OR OTHER REQUIREMENTS; (B) THE PRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE SOFTWARE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (iD) ANY ERRORS IN THE PRODUCTS CAN BE COMPATIBLE WITH ALL SYSTEMSCORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, COMPUTERWITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 WARRANTY WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USERESPECT TO, AND A VARIETY OF THIRDASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT WARRANTLIMITED TO WIRELESS SERVICES, INCLUDINGMAPPING SERVICES, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRINGPOSTED ROAD SPEED SERVICES, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, BANDWIDTH AND MOBILE DEVICE CARRIERCLOUD STORAGE.
Appears in 3 contracts
Samples: License Agreement, Geoforce Terms and Conditions, License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “"AS IS,” WITHOUT " WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY WARRANTY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, 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, TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS OF ANY KINDAND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL , INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY DESCRIPTION, MERCHANTABILITY, QUALITY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLINFORMATION, ITS CUSTOMERSQUIET ENJOYMENT, ANY PARTIES OPERATING CENTRAL STATIONSTITLE, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING SERVICES ARE ACCESSED AND USED OVER THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISEINTERNET. YOU ACKNOWLEDGE AND AGREE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARYOPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, ROBBERYWORMS, FIRE TROJAN HORSES, OR OTHER EVENT UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND IS DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT AN INSURANCE POLICYBE RESPONSIBLE FOR SUCH ACTIVITIES. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONTurnitin is not obligated to, YOUR USEmonitor or review any areas of the Site where user Communications may be made available, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTincluding, INCLUDINGbut not limited to, FOR EXAMPLEchat rooms, YOUR COMPUTERbulletin boards, MOBILE DEVICEand other user forums. Communications submitted by users do not necessarily represent the view or opinions of Xxxxxxxx. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, HOME WIRINGwhether or not arising under the laws of copyright, INTERNET SERVICE PROVIDERdefamation, SATELLITE PROVIDERprivacy, AND MOBILE DEVICE CARRIERobscenity, or otherwise. Turnitin 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. Turnitin 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. Turnitin 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 3 contracts
Samples: Turnitin User Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. a. LICENSOR’S WARRANTY FOR THE SOFTWARE DEVICE, IF ANY, IS STATED ON THE PURCHASE TERMS PROVIDED “AS IS,” WITHOUT ANY WARRANTY BY LICENSOR AND NOT IN THIS EULA. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KINDTO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS OPERATION, WHETHER EXPRESSEXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)RIGHTS, OR EMERGENCY CALL CENTERS (“ECCs”) AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERINFORMATION SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE WITHOUT INTERRUPTIONUNINTERRUPTED. IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR BE ERROR FREE.
b. CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITING 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 ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ACHIEVE USING THE SOFTWARE OR WHICH RELATE TO THE STORAGE OF ANY DATA OR FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY DATA. WITHOUT LIMITATION OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSOFTWARE, COMPUTERTHE USE OR INABILITY TO USE THE SOFTWARE, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EXCEED IN THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERAGGREGATE US$5,000.
Appears in 3 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula), End User License Agreement (Eula)
Warranty Disclaimer. a. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SOFTWARE IS PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED “HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS,” WITHOUT " WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART THAT THE OPERATION OF THE SOFTWARE TO USERSHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. TO MULTEX AND THE MAXIMUM EXTENT PERMITTED BY LAWCONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, HONEYWELLINDIRECT, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSCOMPENSATORY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONCONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR BE ERROR FREE.
b. WITHOUT LIMITING OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE FOREGOINGREPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating to, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL or arising (i) BE COMPATIBLE WITH ALL SYSTEMSthe supplying, COMPUTER, OR HANDHELD DEVICESfurnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, (ii) PROVIDE ADEQUATE WARNINGSerrors or omissions in connecting, routing, processing, transmitting, distributing or displaying the Reports, or (iii) the accuracy of the Reports or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through the Services. Multex and Contributors shall not have any liability for damages, direct or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. Multex maximum liability hereunder for any other cause not exculpated hereunder, whether in tort or contract, shall not exceed the actual damages. Multex may discontinue and terminate providing all or a portion of the Reports upon ten (10) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor of such Reports notifies and directs Multex to discontinue or terminate providing the Reports, (ii) BLP has breached its agreement with the Contributor, (iii) NOT BE COMPROMISEDContributor has terminated its agreement with BLP, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 XXXXXXXXContributor discontinues offering such Reports, ROBBERY(v) Contributor, FIREfor whatever reason, EXCESSIVE HEATdirects Multex to discontinue providing the Reports to BLP, COLD OR HUMIDITY OR OTHERWISE(vi) BLP has not received authorization from Contributor to receive the Reports, and (vii) Contributor terminates its agreement with Multex. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARYBLP recognizes and understands that Multex cannot and does not guarantee in any way, ROBBERYthe content, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICYtimeliness, or availability of the Reports or Services. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONAccordingly, YOUR USEBLP agrees that Multex shall not have any obligation or liability to BLP (whether caused directly or indirectly) relating to or arising out of (i) the interruption, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTdelay or failure in connecting, INCLUDINGtransmitting, FOR EXAMPLErouting, YOUR COMPUTERdelivery, MOBILE DEVICEor distributing the Services or Reports, HOME WIRING(ii) errors in connecting, INTERNET SERVICE PROVIDERtransmitting, SATELLITE PROVIDERprocessing, AND MOBILE DEVICE CARRIERdisseminating, furnishing, displaying or distributing the Reports or Services, (iii) the unavailability of Reports or Services, (iv) the accuracy of the Reports (including the securities, pricing or commodities information contained therein) or the accuracy of the Reports as may be displayed, furnished or transmitted by or through the Services, (v) errors in entitling BLP with Reports that BLP is not entitled to receive or the failure to entitle BLP, (vi) the acts or omissions of the Contributors, including the termination or discontinuance of the Reports by Contributors to Multex or BLP. Multex's sole liability to BLP or any Third Party for claims, notwithstanding the form of such claims (e.g., contract, negligence or otherwise), arising out of items (i) through (vi) above, shall be to use reasonable efforts to resume the Services, make the Services or Reports available to BLP or correct any errors as promptly as reasonably and feasibly practicable.
Appears in 3 contracts
Samples: Distribution Agreement (Multex Com Inc), Distribution Agreement (Multex Systems Inc), Distribution Agreement (Multex Systems Inc)
Warranty Disclaimer. a. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE OVERTURE MARKETPLACE IS PROVIDED “AT YOUR OWN RISK. THE OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS,” " BASIS, WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, IMPLIED LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR STATUTORY. NO ORAL CONTRACTORS, OR WRITTEN INFORMATION ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR ADVICE GIVEN BY HONEYWELL REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR THE OVERTURE MARKETPLACE OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KINDRESULTS OBTAINED THROUGH THE USE THEREOF. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS LICENSORS ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND SUPPLIERSALL WARRANTIES INCLUDING, EXPRESSLY DISCLAIM ALL SUCH WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND REPRESENTATIONS INCLUDING (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES SOME STATES DO NOT WARRANT THAT ALLOW THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONEXCLUSION OF IMPLIED WARRANTIES, OR BE ERROR FREE.
b. WITHOUT LIMITING SO THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) ABOVE EXCLUSION MAY NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS APPLY TO OR FROM 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 OTHERWISEYOU. THIS LIMITED WARRANTY GIVES 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USESPECIFIC LEGAL RIGHTS, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER YOU MAY ALSO HAVE OTHER RIGHTS, 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 CARRIERVARY FROM STATE TO STATE.
Appears in 3 contracts
Samples: Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc), Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc), Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc)
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY SET FORTH IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT PLA OR IN THE SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY WARRANTY REPRESENTATIONS OR REPRESENTATIONS EXTENDS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR STATUTORYNON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, WITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. NO ORAL FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR WRITTEN INFORMATION IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR ADVICE GIVEN THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS OR ANY LICENSE GRANTED BY HONEYWELL ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART WHO IS NOT AN AFFILIATE OF THE SOFTWARE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO USER. IMPAX IN RELATION TO THE MAXIMUM EXTENT PERMITTED BY LAWSAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, HONEYWELL, IMPAX WILL NOT OWE ANY SUCH GUARANTEE OR WARRANTY TO ANY THIRD PARTIES ON 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 INTERRUPTION, OR BE ERROR FREEPURDUE COMPANIES.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 3 contracts
Samples: Supplemental License Agreement (Impax Laboratories Inc), Supplemental License Agreement (Impax Laboratories Inc), Supplemental License Agreement (Impax Laboratories Inc)
Warranty Disclaimer. a. THE PRODUCTS ARE PROVIDED DURING THE EVALUATION PERIOD ON AN "AS IS" BASIS. PHOENIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 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,” ", “AS-AVAILABLE”, WITHOUT ANY WARRANTY WARRANTY, REPRESENTATION OR REPRESENTATIONS INDEMNITY OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, ORAL, WRITTEN, STATUTORY, OR STATUTORYOTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR ACCURACY OF EVALUATION SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL PHOENIX IS NOT LIABLE FOR LOSS OF DATA OR ANY THIRD PARTY SHALL CREATE DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE EVALUATION TESTING PERIOD. PHOENIX DISCLAIMS LIABILITY FOR ANY WARRANTY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, OR THAT THE QUALITY OF ANY KINDINFORMATION, DATA, RESULTS OR MATERIAL OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET LICENSEE’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. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLHOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, ITS CUSTOMERSDELAYS, ANY PARTIES OPERATING CENTRAL STATIONSAND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PHOENIX IS NOT RESPONSIBLE FOR RESULTING DELAYS, NETWORK OPERATIONS CENTERS (“NOCs”)DELIVERY FAILURE, OR EMERGENCY CALL CENTERS (“ECCs”) DAMAGES. LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS ACCOMPLISHING ANY OBJECTIVES FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREEWHICH LICENSEE USES EVALUATION SOFTWARE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 3 contracts
Samples: Software Evaluation Agreement, Software Evaluation Agreement, Software Evaluation Agreement
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR IN THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY WARRANTY REPRESENTATIONS OR REPRESENTATIONS EXTENDS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR STATUTORYNON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, WITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. NO ORAL FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR WRITTEN INFORMATION IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS PATENT LICENSE AGREEMENT OR ADVICE GIVEN THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN AN PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS OR ANY LICENSE GRANTED BY HONEYWELL ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVE MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART WHO IS NOT AN AFFILIATE OF THE SOFTWARE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO USER. IMPAX IN RELATION TO THE MAXIMUM EXTENT PERMITTED BY LAWSAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, HONEYWELL, IMPAX WILL NOT GIVE ANY SUCH GUARANTEE OR WARRANTY TO ANY THIRD PARTIES ON 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 INTERRUPTION, OR BE ERROR FREEPURDUE COMPANIES.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 3 contracts
Samples: Patent License Agreement (Impax Laboratories Inc), Patent License Agreement (Impax Laboratories Inc), Patent License Agreement (Impax Laboratories Inc)
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY EXPLICITLY SET FORTH ON XXX.XXXXXXX.XXX/XXXXX TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER SANGOMA, NOR ITS THIRD-PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE ANY WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU OR ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF ANY KINDMERCHANTIBILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)FITNESS FOR A PARTICULAR PURPOSE, OR EMERGENCY CALL CENTERS (“ECCs”) NON-INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY SUCH PERSON OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERENTITY. TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, HONEYWELLIN NO EVENT SHALL SANGOMA, ON BEHALF OF ITSELF AND ITS THIRD PARTY LICENSORS AND OR SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONANY 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 ERROR FREE.
b. WITHOUT LIMITING ADVISED OR HAVE REASON TO KNOW OF THE FOREGOINGPOSSIBLITY OF SUCH DAMAGES, HONEYWELL PROVIDES NO GUARANTEE THAT EXEPT TO THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSEXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. SOME COUNTRIES, COMPUTERSTATES, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) PROVINCES DO NOT BE COMPROMISED, CIRCUMVENTEDALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO OR FROM A PROVIDERYOU. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, CENTRAL STATIONTHEY WILL BE LIMITED TO THE DURATION OF XXXXXXX’S WARRANTY AVAILABLE IN THE WARRANTY, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USERETURN, 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 CARRIERSHIPPING POLICY AVAILABLE ON XXX.XXXXXXX.XXX/XXXXX.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “"AS IS,” WITHOUT " WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY WARRANTY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, 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, TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS OF ANY KINDAND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL , INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY DESCRIPTION, MERCHANTABILITY, QUALITY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLINFORMATION, ITS CUSTOMERSQUIET ENJOYMENT, ANY PARTIES OPERATING CENTRAL STATIONSTITLE, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING SERVICES ARE ACCESSED AND USED OVER THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISEINTERNET. YOU ACKNOWLEDGE AND AGREE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARYOPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, ROBBERYWORMS, FIRE TROJAN HORSES, OR OTHER EVENT UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND IS DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT AN INSURANCE POLICYBE RESPONSIBLE FOR SUCH ACTIVITIES. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONTurnitin is not obligated to, YOUR USEmonitor or review any areas of the Site where user Communications may be made available, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTincluding, INCLUDINGbut not limited to, FOR EXAMPLEchat rooms, YOUR COMPUTERbulletin boards, MOBILE DEVICEand other user forums. Communications submitted by users do not necessarily represent the view or opinions of Turnitin. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, HOME WIRINGwhether or not arising under the laws of copyright, INTERNET SERVICE PROVIDERdefamation, SATELLITE PROVIDERprivacy, AND MOBILE DEVICE CARRIERobscenity, or otherwise. Turnitin 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. Turnitin 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. Turnitin 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 2 contracts
Samples: User Agreement, User Agreement
Warranty Disclaimer. a. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED. GDI, ITS SUPPLIERS, AND LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES AND REMEDIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE; ANY WARRANTY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR REPRESENTATIONS USAGE OF TRADE; AND ANY KINDWARRANTIES RELATING TO SECURITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHETHER EXPRESSGDI MAKES NO WARRANTY, IMPLIED OR STATUTORY. NO ORAL OTHERWISE, REGARDING THE PERFORMANCE OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL RELIABILITY OF ANY OTHER PRODUCTS, SERVICES, OR ANY THIRD PARTY SHALL CREATE ANY 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 FREE FROM DEFECTS OR INFRINGEMENT OR VIOLATION OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, INTELLECTUAL PROPERTY RIGHT OF ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERTHIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLYOUR SOLE AND EXCLUSIVE REMEDY, ON BEHALF AND THE ENTIRE LIABILITY OF ITSELF GDI AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM RELATING TO ALL SUCH PRODUCTS, SERVICES, AND WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL SHALL BE, AT GDI’S OPTION, (1) TO REPAIR OR REPLACE THE PRODUCT OR RE-PERFORM THE SERVICE THAT DOES NOT WARRANT THAT MEET THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATIONLIMITED WARRANTY, OR (iv2) PREVENT ANY PERSONAL INJURY PROVIDE A REFUND OF THE THEN- CURRENT REASONABLE COMMERCIAL VALUE (IF ANY) FOR THE PRODUCT OR PROPERTY LOSS CAUSED BY XXXXXXXXSERVICE THAT DOES NOT MEET THE LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS AGREEMENT, ROBBERYTHERE SHALL BE NO REFUNDS, FIRERETURNS, EXCESSIVE HEATEXCHANGES, COLD OR HUMIDITY REPLACEMENTS. GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE. YOU ACKNOWLEDGE THAT USING , REGARDING THE SOFTWARE IN CONNECTION WITH A FIRE PERFORMANCE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RELIABILITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USEANY THIRD PARTY HARDWARE PRODUCTS, 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 CARRIERGDI WILL PASS THROUGH ANY THIRD PARTY WARRANTY TO CUSTOMER AS PERMITTED.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND AYFIE EXPRESSLY DISCLAIMS ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN THE END USER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. AYFIE SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AYFIE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER AYFIE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, (iiOTHER MATERIAL PURCHASED OR OBTAINED BY THE END USER THROUGH THE PRODUCTS) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, SHALL MEET THE END USER’S REQUIREMENTS OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.EXPECTATIONS);
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, PENTAIR EXPRESSLY DISCLAIM DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING MERCHANTABILITY ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, 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. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PENTAIR PROVIDES NO GUARANTEE WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SOFTWARE SERVICE WILL (i) MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ALL SYSTEMSANY OTHER APPLICATION, COMPUTERSYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR HANDHELD DEVICESBE 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), (ii) PROVIDE ADEQUATE WARNINGSINCLUDING WITH RESPECT TO THE OPERATION, (iii) NOT BE COMPROMISED, CIRCUMVENTED, MAINTENANCE OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT THE SERVICE, YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USEARE SOLELY RESPONSIBLE FOR, AND A VARIETY ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THIRD-PARTIES PRODUCTS AND TECHNOLOGIES OVER SERVICES USED IN CONNECTION WITH THE SERVICE. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH HONEYWELL HAS NO CONTROL AND DOES CASE SOME OF THESE EXCLUSIONS MAY NOT WARRANT, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERAPPLY TO YOU.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. a. TO THE SOFTWARE IS MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER AND UBACK AND ITS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND 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 APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE 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 HONEYWELL UBACK OR ANY THIRD PARTY ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) SHALL CREATE ANY WARRANTY A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ANY KINDALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS INCLUDES WITHOUT LIMITATION ORAL SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLLIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF SO THE SOFTWARE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREEYOU.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. (a) THE SOFTWARE IS AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS,” " AND WITH ALL FAULTS AND DEFECTS 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELLLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITSELF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SUPPLIERSSERVICE PROVIDERS, EXPRESSLY DISCLAIM DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, 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. HONEYWELL DOES NOT WARRANT WITHOUT LIMITATION TO THE 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 ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT THAT ANY ERRORS OR DEFECTS CAN OR WILL BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERCORRECTED.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND TTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. TTI SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TTI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER TTI NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, DEFECTS WILL BE CORRECTED; OR (ivF) PREVENT THE PRODUCTS (OR ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE SERVER(S) THAT USING THE SOFTWARE IN CONNECTION WITH MAKE A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement
Warranty Disclaimer. a. PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, NEITHER SELLERS NOR ANY OF THEIR AFFILIATES (NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES) HAVE MADE AND, AND NONE OF THEM SHALL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR OTHERWISE, AS TO THE SOFTWARE BUSINESS (INCLUDING IN RESPECT OF ITS FINANCIAL PERFORMANCE), THE ASSETS, TRANSFERRED ENTITIES, THE ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING, INCLUDING WITH RESPECT TO (1) THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY, WITH RESPECT TO ANY OF THE ASSETS BEING SO TRANSFERRED, OR THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT (OR ANY OTHER REPRESENTATION OR WARRANTY REFERRED TO IN SECTION 2-312 OF THE NEW YORK UNIFORM COMMERCIAL CODE OR THE UNIFORM COMMERCIAL CODE OF ANY OTHER APPLICABLE JURISDICTION OR IN ANY STATUTE APPLICABLE TO REAL PROPERTY) OR (2) ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE TRANSFERRED ENTITIES, THE TRANSFERRED ASSETS OR THE BUSINESS AFTER CLOSING, OR (3) ANY OTHER INFORMATION, DOCUMENTS AND OTHER MATERIALS (INCLUDING AS TO THE ACCURACY OR COMPLETENESS THEREOF) PROVIDED TO OR MADE AVAILABLE TO PURCHASER (WHETHER ORALLY OR IN WRITING, IN CERTAIN “DATA ROOMS”, MANAGEMENT PRESENTATIONS, FUNCTIONAL “BREAK-OUT” DISCUSSIONS, RESPONSES TO QUESTIONS, OR IN ANY OTHER FORM), AND, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, EACH AND EVERY SUCH OTHER REPRESENTATION OR WARRANTY IS PROVIDED HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ASSETS ARE BEING SOLD, CONVEYED, TRANSFERRED, ASSIGNED AND DELIVERED AND THE ASSUMED LIABILITIES ARE BEING ASSUMED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (AND “NOCsWHERE IS”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: Stock and Asset Purchase Agreement (Federal-Mogul Holdings Corp), Stock and Asset Purchase Agreement (Federal Mogul Corp)
Warranty Disclaimer. a. TO THE SOFTWARE IS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS,” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE 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 HONEYWELL N21 OR ANY THIRD PARTY 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 WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLPURCHASE PRICE FOR THE APPLICATION AND THAT, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLMOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSAND/OR ANY OTHER CLAIMS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONLOSSES, LIABILITIES, DAMAGES, COSTS OR BE ERROR FREEEXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula)
Warranty Disclaimer. a. THE SOFTWARE IS AMERILYZER AND DOCUMENTATION ARE PROVIDED TO AUTHORIZED USER “AS IS,” AND WITH ALL FAULTS AND DEFECTS 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELLAMERILIFE, ON ITS OWN BEHALF AND ON BEHALF OF ITSELF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SUPPLIERSSERVICE PROVIDERS, EXPRESSLY DISCLAIM DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE AMERILYZER AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, 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. HONEYWELL DOES NOT WARRANT WITHOUT LIMITATION TO THE FOREGOING, THE AMERILIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT AMERILYZER WILL MEET THE SOFTWARE WILL AUTHORIZED USER’S REQUIREMENTS, MEET THE REQUIREMENTS OF THE FIDUCIARY RULE OR OTHER APPLICABLE LAW RELATED TO THE SALE OF INSURANCE PRODUCTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, TIMELY, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT THAT ANY ERRORS OR DEFECTS CAN OR WILL BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERCORRECTED.
Appears in 2 contracts
Samples: Access Agreement, Amerilyzer Access Agreement
Warranty Disclaimer. a. 28.1 MICROSOFT, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER WORLDSPAN, ITS PARTNERS, AFFILIATES, NOR ANY SERVICE PROVIDER OR OTHER SUPPLIER OF DATA PROVIDED THROUGH THE SOFTWARE IS WORLDSPAN SYSTEM WARRANTS THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SOFTWARE, DATA OR EQUIPMENT. MICROSOFT FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED “HEREIN, WORLDSPAN, ITS PARTNERS, AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTICIPATION OR IDENTITIES OF TRAVEL SUPPLIERS OR VENDORS IN THE WORLDSPAN SYSTEM. EXCEPT AS IS,” WITHOUT ANY WARRANTY OTHERWISE PROVIDED HEREIN, NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEXPRESSED OR IMPLIED, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN ARE MADE BY HONEYWELL WORLDSPAN WITH RESPECT TO THE WORLDSPAN SYSTEM OR ANY THIRD PARTY SHALL CREATE WORLDSPAN SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL MERCHANTABILITY OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLFITNESS FOR A PARTICULAR PURPOSE.
28.2 WORLDSPAN, ON BEHALF OF ITSELF ITSELF, ITS SUBSIDIARIES, AFFILIATES, AND SUBSCRIBERS, ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER MICROSOFT, ITS LICENSORS AND SUPPLIERSAFFILIATES, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING NOR ITS AGENTS WARRANTS THE ACCURACY, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SOFTWARE, DATA OR EQUIPMENT. WORLDSPAN FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, MICROSOFT, ITS PARTNERS, AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTICIPATION LEVEL OF USERS THE MICROSOFT SYSTEM OR THE REVENUES THAT MIGHT BE GENERATED THEREBY. EXCEPT AS OTHERWISE PROVIDED HEREIN, NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ARE MADE BY MICROSOFT WITH RESPECT TO THE MICROSOFT SYSTEM, ITS SUBSCRIBERS, OR ANY MICROSOFT SOFTWARE, INCLUDING [**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission. WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE[**] Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Commission.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: CRS Marketing, Services and Development Agreement (Expedia, Inc.), CRS Marketing, Services and Development Agreement (Expedia, Inc.)
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS,” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESSAND, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF EXTRAHOP AND ITS SUPPLIERS AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. HONEYWELL DOES NOT WARRANT EXTRAHOP MAKES NO WARRANTY THAT THE SOFTWARE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE SECURE OR ERROR FREE.
b. WITHOUT LIMITING . HOWEVER, TO THE FOREGOINGFULL EXTENT PERMITTED BY LAW, HONEYWELL PROVIDES NO 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 THE SOFTWARE ITS OFFERINGS WILL (i) BE COMPATIBLE WITH COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL SYSTEMSANOMALIES, COMPUTERINTRUSIONS, ATTACKS, OR HANDHELD DEVICESOTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, (ii) PROVIDE ADEQUATE WARNINGSOCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL SEVERE INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXXDAMAGE, ROBBERYSUCH AS AIRCRAFT NAVIGATION, FIREAIR TRAFFIC CONTROL, EXCESSIVE HEATNUCLEAR FACILITIES, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERLIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS,” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESSAND, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF EXTRAHOP AND ITS LICENSORS AND SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. HONEYWELL DOES NOT WARRANT EXTRAHOP MAKES NO WARRANTY THAT THE SOFTWARE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE SECURE OR ERROR FREE.
b. WITHOUT LIMITING . HOWEVER, TO THE FOREGOINGFULL EXTENT PERMITTED BY LAW, HONEYWELL PROVIDES NO 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 THE SOFTWARE ITS OFFERINGS WILL (i) BE COMPATIBLE WITH COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL SYSTEMSANOMALIES, COMPUTERINTRUSIONS, ATTACKS, OR HANDHELD DEVICESOTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, (ii) PROVIDE ADEQUATE WARNINGSOCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL SEVERE INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXXDAMAGE, ROBBERYSUCH AS AIRCRAFT NAVIGATION, FIREAIR TRAFFIC CONTROL, EXCESSIVE HEATNUCLEAR FACILITIES, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERLIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND/OR WARRANTIES AND TO THE SOFTWARE IS FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
10.1 THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS,”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, IF ANY, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS AND/OR WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
10.2 WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES THAT THE SERVICES AND SITES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. NO ORAL WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR WRITTEN INFORMATION RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR ADVICE GIVEN BY HONEYWELL OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
10.3 WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES
(I) THAT OUR SERVICES AND SITES (OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERSCOMPATIBLE WITH, ANY PARTIES OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING CENTRAL STATIONSSYSTEMS, NETWORK OPERATIONS CENTERS BROWSERS, SOFTWARE OR TOOLS (“NOCs”OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE COMPLY WITH ANY LAWS APPLICABLE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, YOU; AND/OR (ivII) PREVENT REGARDING ANY PERSONAL INJURY CONTENT, INFORMATION, REPORTS 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 RESULTS THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OBTAIN THROUGH THE SERVICES AND/OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERSITES.
Appears in 2 contracts
Samples: User Agreement, User Agreement
Warranty Disclaimer. a. THE SOFTWARE IS AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS IS,” AND WITH ALL FAULTS AND DEFECTS 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELLLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITSELF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SUPPLIERSSERVICE PROVIDERS, EXPRESSLY DISCLAIM DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, 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. HONEYWELL DOES NOT WARRANT WITHOUT LIMITATION TO THE 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 ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREEFREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SERVICES ARE PROVIDED “ON AN "AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT MAKE AND, WHETHER TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLIMPLIED, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 STATUTORY 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, GUARANTEES OR REPRESENTATIONS:
(a) OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR EXAMPLEA PARTICULAR PURPOSE, YOUR COMPUTERACCURACY, MOBILE DEVICECOMPLETENESS, HOME WIRINGOR TIMELINESS, INTERNET SERVICE PROVIDER(b) THAT THE SERVICES, SATELLITE PROVIDERWEBSITE OR DATA RELATED THERETO, AND MOBILE DEVICE CARRIEROR BUSINESS RECORDS, COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS WILL BE SECURE, COMPLETE, ACCURATE, BUG- OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, DATA RELATED THERETO, OR COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS ARE FREE OF VIRUSES, MALICIOUS CODE, BUGS OR OTHER HARMFUL COMPONENTS.
(c) THAT THE COMPANY’S BUILDINGS ARE FIREPROOF OR WATERPROOF, OR THAT THE CONTENTS OF SAID BUILDINGS, INCLUDING THE CUSTOMER INFORMATION, CANNOT BE DAMAGED OR DESTROYED BY FIRE OR WATER, AND
(d) OF HIPAA COMPLIANCE.
Appears in 2 contracts
Samples: Document Imaging Services Agreement, Document Imaging Services Agreement
Warranty Disclaimer. a. (a) TO THE SOFTWARE IS EXTENT PERMITTED BY LAW, THE SITE AND ALL SERVICES PROVIDED “BY HGC ARE PROVIDED TO YOU "AS IS,” " AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
(b) EXCEPT FOR THE WARRANTIES EXPRESSLY STATED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HGC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE REGARDING MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THIRD PARTY SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED; ANY WARRANTY FOR THIRD PARTY SERVICES IS PROVIDED, IMPLIED IF AT ALL, BY THE THIRD PARTY VENDOR FOR SUCH SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HGC MAKES NO OTHER REPRESENTATIONS, PROMISES, WARRANTIES OR STATUTORYUNDERSTANDINGS OF ANY KIND RELATING TO THE SITE, SERVICES, INCLUDING THIRD PARTY SERVICES, OR CONTENT UNDER THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO THE EXTENT PERMITTED BY HONEYWELL APPLICABLE LAW, HGC SHALL NOT BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY THIRD PARTY SHALL CREATE FOR ANY WARRANTY CLAIM OR LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING THIRD PARTY SERVICES, THE SITE, OR FROM THE MANUFACTURE, USE, IMPORTATION OR SALE OF THE SERVICES, OR FOR ANY CLAIM FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (c) You represent and warrant that You are a (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICESparty doing business, (ii) PROVIDE ADEQUATE WARNINGSlocated in a jurisdiction, and (iii) NOT BE COMPROMISEDengaged in activities, CIRCUMVENTEDsuch that HGC is not required to obtain any export license, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDERpermit or other approval under applicable laws and regulations including but not limited to export control and/or sanctions regulations of any jurisdiction the laws of which may be implicated by the Terms. Furthermore, CENTRAL STATIONYou acknowledge and agree that HGC has the exclusive authority to monitor such status on a regular basis and, NOCif it should be determined by HGC that you, OR ECC RELATED TO SOFTWARE ACTIVATIONat any point in time, USEare in violation of any of these representations and warranties, ALERTSHGC has the exclusive authority to immediately terminate any and all Service(s) to You (and any accounts You have with HGC) without prior written notice, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERand You will forfeit any remaining balance on Your account.
Appears in 2 contracts
Warranty Disclaimer. a. 12.1. UNITRONICS PROVIDES THE SOFTWARE IS PROVIDED “SDK "AS IS,” " 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLUNITRONICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, ON BEHALF CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SDK, AND THE DEVELOPMENT SUPPORT SERVICES WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ITSELF AND ITS LICENSORS AND SUPPLIERSMERCHANTABILITY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE SDK AND RESOLVING ISSUES SUBMITTED TO DEVELOPMENT SUPPORT SERVICES, WHETHER MADE BY UNITRONICS, A REPRESENTATIVE OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, WILL BE DEEMED TO BE A WARRANTY BY UNITRONICS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF UNITRONICS WHATSOEVER.
12.2. HONEYWELL UNITRONICS MADE EFFORTS TO HAVE THE SDK OPERATE EFFICIENTLY AND CORRECTLY. HOWEVER, UNITRONICS DOES NOT WARRANT THAT THE SOFTWARE SDK WILL OPERATE WITHOUT INTERRUPTIONIN AN UNINTERRUPTED OR ERROR-FREE MANNER, AND THAT IT WILL BE FREE FROM ALL HARMFUL COMPONENTS, THAT IT IS SAFE, OR SECURE, IMMUNE FROM DAMAGE, FREE OF MALFUNCTIONS, BUGS OR FAILURES. SUCH INCIDENTS WILL NOT BE ERROR FREECONSIDERED A BREACH OF THIS AGREEMENT.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES 12.3. UNITRONICS MAKES NO GUARANTEE REPRESENTATION OR WARRANTY THAT THE SDK OR THE DEVELOPMENT SUPPORT SERVICES COMPLIES WITH ANY THIRD PARTY TERMS, CONDITIONS, RULES OR GUIDELINES REGARDING SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERDEVELOPMENT.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCEPT AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND REPRESENTATIONS CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR BE ERROR FREE.
b. FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE 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 THAT THE SOFTWARE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (iD) ANY ERRORS IN THE PRODUCTS CAN BE COMPATIBLE WITH ALL SYSTEMSCORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, COMPUTERWITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 WARRANTY WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USERESPECT TO, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS ASSUME NO CONTROL AND DOES RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON- GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT WARRANTLIMITED TO WIRELESS SERVICES, INCLUDINGMAPPING SERVICES, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRINGPOSTED ROAD SPEED SERVICES, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, BANDWIDTH AND MOBILE DEVICE CARRIERCLOUD STORAGE.
Appears in 2 contracts
Samples: End User Agreement, End User Agreement
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OPERATION, PERFORMANCE OR REPRESENTATIONS FUNCTIONALITY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SHALL CREATE SERVICE VENDOR, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE AND/OR ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR WRITTEN INFORMATION OR ADVICE OTHER SERVICES PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), US OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 A THIRD PARTY SERVICE VENDOR WILL OPERATE WITHOUT INTERRUPTION, INTERRUPTION OR BE ERROR FREE.
b. , AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE SOFTWARE IN CONNECTION WITH A FIRE INTERNET AND/OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE TELECOMMUNICATION LINES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USECIRCUITS, AND A VARIETY YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTTHESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET WE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN THE SERVICE PROVIDER, SATELLITE PROVIDERSCHEDULE SHALL BE IN ADDITION TO, AND MOBILE DEVICE CARRIERNOT IN LIEU OF, THE DISCLAIMERS STATED HEREIN.
Appears in 2 contracts
Samples: Agreement for Automated Clearing House (Ach) Services, Agreement for Automated Clearing House (Ach) Services
Warranty Disclaimer. a. THE SOFTWARE PLATFORM IS PROVIDED “AS IS,”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT ANY WARRANTY WARRANTY, REPRESENTATION, OR REPRESENTATIONS GUARANTEE OF ANY KINDKIND WHATSOEVER, WHETHER EXPRESS, IMPLIED EITHER EXPRESS OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR EXAMPLEA PARTICULAR PURPOSE, YOUR COMPUTEROR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, MOBILE DEVICEALL OF WHICH ARE EXPRESSLY DISCLAIMED, HOME WIRINGWITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. TDSL, INTERNET SERVICE PROVIDEROUR DIRECTORS, SATELLITE PROVIDEREMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND MOBILE DEVICE CARRIER.CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE 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 OF VIRUSES OR OTHER 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 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: Terms and Conditions, Terms and Conditions
Warranty Disclaimer. a. TO THE SOFTWARE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS OTHERWISE UNAMBIGUOUSLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS IS,” WITHOUT AND DATASELF MAKES NO WARRANTIES TO ANY WARRANTY PERSON OR REPRESENTATIONS OF ENTITY WITH RESPECT TO THE SOFTWARE AND ANY KINDSUPPORT AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES INCLUDING WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLWARRANTIES OF QUALITY, ITS CUSTOMERSTITLE, ANY PARTIES OPERATING CENTRAL STATIONSNON-INFRINGEMENT, NETWORK OPERATIONS CENTERS (“NOCs”)SYSTEMS INTEGRATION, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 A PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL-SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS; OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROTECT AGAINST ALL POSSIBLE THREATS.
13.1 High-Risk Systems Terms: THE SOFTWARE AND/OR ANY SUPPORT MAY FAIL AND IS NOT DESIGNED, DEVELOPED, TESTED, OR INTENDED TO BE ERROR FREE.
b. WITHOUT LIMITING RELIABLE IN THE FOREGOINGCONTEXT OF HIGH-RISK SYSTEMS. DATASELF HAS NO RESPONSIBILITY FOR, HONEYWELL PROVIDES NO GUARANTEE THAT AND NOTWITHSTANDING ANYTHING TO THE SOFTWARE CONTRARY, LICENSEE WILL (i) BE COMPATIBLE WITH INDEMNIFY AND HOLD HARMLESS DATASELF FROM, ALL SYSTEMSCLAIMS, COMPUTERSUITS, DEMANDS AND PROCEEDINGS ALLEGING, CLAIMING, SEEKING, OR HANDHELD DEVICESASSERTING ANY LIABILITY, LOSS, OBLIGATION, RISK, COST, DAMAGE, AWARD, PENALTY, SETTLEMENT, JUDGMENT, FINE OR EXPENSES (iiINCLUDING ATTORNEYS’ FEES) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, ARISING FROM OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY LICENSEE’S USE OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONOR IN A HIGH-RISK SYSTEM, YOUR USEINCLUDING THOSE THAT COULD HAVE BEEN PREVENTED BY DEPLOYMENT OF FAIL- SAFE OR FAULT-TOLERANT FEATURES TO THE HIGH- RISK SYSTEM, AND OR ARE BASED ON A VARIETY CLAIM, ALLEGATION, OR ASSERTION THAT THE FUNCTIONING OF THIRDHIGH-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTRISK SYSTEM DEPENDS OR DEPENDED ON THE FUNCTIONING OF THE SOFTWARE, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIEROR THAT THE FAILURE OF THE SOFTWARE CAUSED A HIGH-RISK SYSTEM TO FAIL.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERSOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 7, THE SUBSCRIPTION SERVICES AND THIRD PARTY SOFTWARE IS ARE PROVIDED “AS IS,” WITHOUT ”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. CUSTOMER’S USE OF THE SUBSCRIPTION SERVICES AND ANY WARRANTY OR THIRD PARTY SOFTWARE IS AT ITS OWN RISK. NEITHER PROVIDER NOR ANY THIRD PARTY SOFTWARE LICENSOR MAKES, AND PROVIDER AND ITS THIRD PARTY SOFTWARE LICENSORS HEREBY DISCLAIM, ANY AND ALL OTHER REPRESENTATIONS OF ANY KINDAND WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, PERFORMANCE, ACCURACY, RELIABILITY, ACCURACY OF DATA, QUIET ENJOYMENT, OPERABILITY, CONDITION, INTEGRATION, TITLE, NON-INTERFERENCE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR FURTHER, NEITHER PROVIDER NOR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLSOFTWARE LICENSOR WARRANTS, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)GUARANTEES, OR EMERGENCY CALL CENTERS (“ECCs”) MAKES ANY REPRESENTATIONS THAT THE SUBSCRIPTION SERVICES OR ENTITIES LICENSINGTHIRD PARTY SOFTWARE WILL BE FREE FROM DEFECTS, INSTALLINGWHETHER LATENT OR PATENT, CONFIGURING, MAINTAINTING, BUGS OR SUPPLYING ALL THAT THE SUBSCRIPTION SERVICES OR PART THIRD PARTY SOFTWARE OR RESULTS OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAWUSE THEREOF, HONEYWELLWILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, ON 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 INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOINGWORK WITH ANY SOFTWARE, HONEYWELL PROVIDES NO GUARANTEE SYSTEM OR OTHER SERVICES, OR THAT THE SUBSCRIPTION SERVICES OR THIRD PARTY SOFTWARE OR ANY WRITTEN MATERIALS WILL (i) BE COMPATIBLE WITH ALL SYSTEMSCORRECT, COMPUTERACCURATE, SECURE OR RELIABLE, FREE FROM HARMFUL CODE, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISEERROR-FREE. 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 EVENT AND IS NOT THIS DISCLAIMER OF WARRANTY CONSTITUTES AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY ESSENTIAL PART OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERTHIS AGREEMENT.
Appears in 2 contracts
Samples: Software Services Agreement, Software Services Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND XPAND IT AND ITS PARTNERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)IMPLIED, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGSTATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, INSTALLINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, CONFIGURINGIF ANY, MAINTAINTINGSHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, OR SUPPLYING ALL OR PART INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER XPAND IT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL DOWNLOADD OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, DEFECTS WILL BE CORRECTED; OR (ivF) PREVENT THE PRODUCTS (OR ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE SERVER(S) THAT USING THE SOFTWARE IN CONNECTION WITH MAKE A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND EMITE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. EMITE SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER EMITE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS 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 INTERRUPTIONANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE ERROR SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 2 contracts
Samples: Customer Agreement, Customer Agreement
Warranty Disclaimer. a. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT OR ANY WARRANTY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR REPRESENTATIONS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY KINDOTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER EXPRESSLATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)USAGE, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGTRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL NUIX DOES NOT WARRANT THAT THE SOFTWARE OR OTHER PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONMEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS WILL BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE CORRECTED OR THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSDETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 AND OTHER EVENT PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS DEPENDENT 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 YOUR CONFIGURATIONHOW LONG ANY SUCH GUARANTEE, YOUR USECONDITION, AND WARRANTY OR TERM MAY LAST. AS A VARIETY RESULT, NOT ALL OF THIRDTHE LIMITATIONS IN THIS SECTION 12 WILL 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-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTEXCLUDABLE PROVISION"), INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIER.SUBJECT TO SECTION 13.3.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS AS-IS,” WITHOUT AND APPSPACE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. APPSPACE SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF APPSPACE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER APPSPACE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, DEFECTS WILL BE CORRECTED; OR (ivF) PREVENT THE PRODUCTS (OR ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE SERVER(S) THAT USING THE SOFTWARE IN CONNECTION WITH MAKE A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE SUBSCRIPTION SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 2 contracts
Samples: End User Agreement, End User Agreement
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS LIMITED WARRANTY IN SECTION 11.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED “AS IS,” WITHOUT AND WITH ALL FAULTS. CLUBWORKS, INC. AND MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE (A) CLUBWORKS, INC. PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY WARRANTY CLUB OWNER CONTENT, CLUBWORKS, INC. PRODUCTS DATA, OR REPRESENTATIONS OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT CLUBWORKS, INC. PRODUCTS WILL BE FREE OF ANY KINDVIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, WITH RESPECT TO CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA AND ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KINDKNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLCLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM FULL EXTENT PERMITTED BY LAW, HONEYWELLTHE DURATION OF STATUTORILY REQUIRED WARRANTIES, ON BEHALF IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. NEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF ITSELF THE INTERNET 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 ELECTRONIC COMMUNICATIONS OR OTHER EVENT SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE STATISTICAL 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 NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE AVAILABILITY AND FUNCTIONALITY SUITABILITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONCLUBWORKS, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANT, INCLUDING, INC. PRODUCTS DATA FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERALL USES.
Appears in 2 contracts
Samples: Saas Agreement, MXM Shutdown Survey Agreement
Warranty Disclaimer. a. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE SOFTWARE IS CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED “ON AN "AS IS,", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY WARRANTY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF ANY KINDMERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORYSTATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICES ON THE APP/THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. NO ORAL EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL REPRESENTATION (I) THAT OUR SERVICES (OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERSCOMPATIBLE WITH, ANY PARTIES OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING CENTRAL STATIONSSYSTEMS, NETWORK OPERATIONS CENTERS BROWSERS, SOFTWARE OR TOOLS (“NOCs”OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE COMPLY WITH ANY LAWS APPLICABLE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, YOU; AND/OR (ivII) PREVENT REGARDING ANY PERSONAL INJURY CONTENT, INFORMATION, REPORTS 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 RESULTS THAT YOU WILL NOT HAVE ABURGLARYOBTAIN THROUGH THE APP AND/OR THE WEBSITE. WE FURTHER NOTIFY YOU THAT:
1. WE USE OF ML ALGORITHMS SUCH AS ARIMA, ROBBERYVAR, FIRE OR OTHER EVENT SARIMA AND IS NOT AN INSURANCE POLICYDATA CLASSIFIERS ON TRANSACTIONAL DATA METADATA
2. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY STORAGE OF USER INTERACTIONS ON ONE ON ONE AND FUNCTIONALITY GROUP; AND
3. USE OF THE SOFTWARE IS DEPENDENT AI ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY TOP 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 CARRIERML IN GIVING RECOMMENDATIONS.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. a. THE SOFTWARE IS EXCEPT AS PROVIDED IN SECTION 12 (LIMITED WARRANTY), MATCHBOOK AND ANY REPORTS GENERATED FROM MATCHBOOK ARE PROVIDED “AS AS-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY WARRANTY KIND. SBIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KINDKIND (EXPRESS OR IMPLIED, WHETHER EXPRESSORAL 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 STATUTORYUSAGE 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 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 HONEYWELL SBIS OR SBIS’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN SECTION 12. SBIS MAKES NO WARRANTY AS TO THE ADEQUACY OR CAPACITY OF ANY HARDWARE OR THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL SOFTWARE TO ATTAIN SOME OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWTYPE OF NETWORK, HONEYWELL, ON BEHALF THE AMOUNT 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USETOTAL NETWORK TRAFFIC, AND A VARIETY THE TYPE AND PATTERN OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTUSAGE OF MATCHBOOK ON THE NETWORK, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERWILL IMPACT THE PERFORMANCE OF MATCHBOOK.
Appears in 2 contracts
Samples: User License Agreement, Terms of Use/License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ASSIGNMENT OF WARRANTIES.
(a) LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY OR REPRESENTATIONS OF ANY KINDREPRESENTATION, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE AS TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL PARTICULAR PURPOSE, FREEDOM FROM INTERFERENCE OR WRITTEN INFORMATION INFRINGEMENT OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)THE LIKE, OR EMERGENCY CALL CENTERS AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN THE EQUIPMENT OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGEMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR.
(“ECCs”b) OR ENTITIES LICENSINGLESSOR HEREBY ASSIGNS TO LESSEE SUCH RIGHTS AS LESSOR MAY HAVE (TO EXTENT LESSOR MAY VALIDLY ASSIGN SUCH RIGHTS) UNDER ALL MANUFACTURERS' AND SUPPLIERS' WARRANTIES WITH RESPECT TO THE EQUIPMENT; PROVIDED, INSTALLINGHOWEVER, CONFIGURING, MAINTAINTINGTHAT THE FOREGOING RIGHTS SHALL AUTOMATICALLY REVERT TO LESSOR UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT HEREUNDER, OR SUPPLYING ALL OR PART UPON THE RETURN OF THE SOFTWARE EQUIPMENT TO USER. LESSOR, LESSEE AGREES TO SETTLE ALL CLAIMS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY LAWEQUIPMENT DIRECTLY WITH THE MANUFACTURERS OR SUPPLIERS THEREOF, HONEYWELLAND TO GIVE LESSOR PROMPT NOTICE OF ANY SUCH SETTLEMENT AND THE DETAILS OF SUCH SETTLEMENT, HOWEVER, IN THE EVENT ANY WARRANTIES ARE NOT ASSIGNABLE, THE LESSOR AGREES TO ACT ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSTHE LESSEE IN SETTLING CLAIMS ARISING UNDER THE WARRANTY WITH THE MANUFACTURER OR SUPPLIER. (c) IN NO EVENT SHALL LESSOR BE LIABLE FOR LOSS OF REVENUE OR PROFITS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONSPECIAL, INDIRECT, INCIDENTAL OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO CONSEQUENTIAL DAMAGES OF ANY NATURE OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY CAUSE EVEN IF LESSOR HAS BEEN ADVISED OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY POSSIBILITY 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 CARRIERSUCH DAMAGES.
Appears in 2 contracts
Samples: Lease Agreement (Communication Telesystems International), Lease Agreement (Communication Telesystems International)
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS AS-IS,” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESSAND, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF EXTRAHOP AND ITS LICENSORS AND SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED. HONEYWELL DOES NOT WARRANT EXTRAHOP MAKES NO WARRANTY THAT THE SOFTWARE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE SECURE OR ERROR FREE.
b. WITHOUT LIMITING . HOWEVER, TO THE FOREGOINGFULL EXTENT PERMITTED BY LAW, HONEYWELL PROVIDES NO 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 THE SOFTWARE ITS OFFERINGS WILL (i) BE COMPATIBLE WITH COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL SYSTEMSANOMALIES, COMPUTERINTRUSIONS, ATTACKS, OR HANDHELD DEVICESOTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, (ii) PROVIDE ADEQUATE WARNINGSOCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL SEVERE INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXXDAMAGE, ROBBERYSUCH AS AIRCRAFT NAVIGATION, FIREAIR TRAFFIC CONTROL, EXCESSIVE HEATNUCLEAR FACILITIES, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERLIFE SUPPORT.
Appears in 2 contracts
Samples: Master Customer Agreement, Master Customer Agreement
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND DIGITAL SAMBA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. DIGITAL SAMBA SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DIGITAL SAMBA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER DIGITAL SAMBA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) NOT ANY STORED DATA WILL BE COMPROMISED, CIRCUMVENTED, ACCURATE OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.RELIABLE
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. a. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT OR ANY WARRANTY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR REPRESENTATIONS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY KINDOTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER EXPRESSLATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)USAGE, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGTRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL NUIX DOES NOT WARRANT THAT THE SOFTWARE OR OTHER PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONMEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS WILL BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE CORRECTED OR THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSDETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 AND OTHER EVENT PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS DEPENDENT 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 YOUR CONFIGURATIONHOW LONG ANY SUCH GUARANTEE, YOUR USECONDITION, AND WARRANTY OR TERM MAY LAST. AS A VARIETY RESULT, NOT ALL OF THIRDTHE LIMITATIONS IN THIS SECTION 12 WILL 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-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTEXCLUDABLE PROVISION"), INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERSUBJECT TO SECTION 13.3.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. SELLERS AND PURCHASER AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE SOFTWARE IS PROVIDED “ANCILLARY AGREEMENTS, SELLERS HAVE NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR OTHERWISE, AS IS,” WITHOUT TO THE BUSINESS, THE ASSETS, THE ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING. IN ANY EVENT, SELLERS EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION OR WARRANTY TO PURCHASER (1) AS TO MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY, WITH RESPECT TO ANY OF THE TANGIBLE ASSETS BEING SO TRANSFERRED, OR AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT (OR ANY OTHER REPRESENTATION OR WARRANTY REFERRED TO IN SECTION 2-312 OF THE NEW YORK UNIFORM COMMERCIAL CODE OR THE UNIFORM COMMERCIAL CODE OF ANY OTHER APPLICABLE JURISDICTION OR IN ANY STATUTE APPLICABLE TO REAL PROPERTY), (2) WITH RESPECT TO ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER, (3) WITH RESPECT TO THE VALIDITY OR PATENTABILITY OF INTELLECTUAL PROPERTY, (4) WITH RESPECT TO THE SCOPE OF INTELLECTUAL PROPERTY, (5) WITH RESPECT TO ANY WARRANTY OR REPRESENTATIONS AGAINST NONINFRINGEMENT 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLRIGHTS, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATIONINTELLECTUAL PROPERTY RIGHTS, OR (iv6) PREVENT WITH RESPECT TO ANY PERSONAL INJURY OTHER INFORMATION OR PROPERTY LOSS CAUSED DOCUMENTS MADE AVAILABLE TO PURCHASER EXCEPT, IN THE CASE OF CLAUSES (4), (5) AND (6) ONLY, AS EXPRESSLY COVERED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD A REPRESENTATION OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE WARRANTY CONTAINED IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.SECTIONS 6.1 THROUGH 6.20
Appears in 1 contract
Warranty Disclaimer. a. THE SOFTWARE SERVICE IS PROVIDED “ON AN "AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY" AND "AS AVAILABLE" BASIS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART USE OF THE SOFTWARE TO USERSERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLTHE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, ON BEHALF WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERSMERCHANTABILITY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIFT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE ZIFT, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS AND THE BANK (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SOFTWARE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL (i) MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE COMPATIBLE WITH ALL SYSTEMSAVAILABLE AT ANY PARTICULAR TIME OR LOCATION, COMPUTER, UNINTERRUPTED OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT SECURE; THAT ANY DEFECTS OR ERRORS WILL BE COMPROMISED, CIRCUMVENTED, CORRECTED; OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 SERVICE IS FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICYHARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND ZIFT DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLEANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDEROR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBILE DEVICE CARRIERZIFT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. All third party hardware and other products included or sold with the Service are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. ZIFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Terms and Conditions
Warranty Disclaimer. a. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE OVERTURE MARKETPLACE IS PROVIDED “AT YOUR OWN RISK. THE OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS,” " BASIS, WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, IMPLIED LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR STATUTORY. NO ORAL CONTRACTORS, OR WRITTEN INFORMATION ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR ADVICE GIVEN BY HONEYWELL REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR THE OVERTURE MARKETPLACE OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KINDRESULTS OBTAINED THROUGH THE USE THEREOF. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS LICENSORS ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND SUPPLIERSALL WARRANTIES INCLUDING, EXPRESSLY DISCLAIM ALL SUCH WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILI Y OR FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES SOME STATES DO NOT WARRANT THAT ALLOW THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONEXCLUSION OF IMPLIED WARRANTIES, OR BE ERROR FREE.
b. WITHOUT LIMITING SO THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) ABOVE EXCLUSION MAY NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS APPLY TO OR FROM 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 OTHERWISEYOU. THIS LIMITED WARRANTY GIVES 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USESPECIFIC LEGAL RIGHTS, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER YOU MAY ALSO HAVE OTHER RIGHTS, 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 CARRIERVARY FROM STATE TO STATE.
Appears in 1 contract
Samples: Ambassador Terms and Conditions (Roanoke Technology Corp)
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS SERVICES ARE PROVIDED “AS IS,.” WITHOUT NEITHER PARTY MAKES ANY WARRANTY WARRANTY, EXPRESS OR REPRESENTATIONS IMPLIED, BY OPERATION 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 STATUTORY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE SOFTWARE IN CONNECTION WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH A FIRE RESPECT TO THE PROGRAM, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND ANY DELIVERABLES PROVIDED BY LICENSOR HEREUNDER. NEITHER LICENSOR NOR ITS PARTNERS WARRANTS OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE MAKES ANY REPRESENTATIONS REGARDING THE USE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESULTS OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONUSE OF THE SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, YOUR USEACCURACY, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTRELIABILITY, OR OTHERWISE, INCLUDING, FOR EXAMPLEBUT NOT LIMITEDTO, YOUR COMPUTERANYTHIRD- PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. LICENSOR AND ITS PARTNERS EXPRESSLY DISCLAIM ANY ENDORSEMENT OF, MOBILE DEVICERESPONSIBILITY FOR, HOME WIRINGOR 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, INTERNET SERVICE PROVIDERNEITHER LICENSOR OR ITS PARTNERS WARRANTS THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SATELLITE PROVIDERVIRUS-FREE, OR ERROR- FREE. FURTHER, LICENSOR MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO LICENSEE, AND MOBILE DEVICE CARRIERLICENSOR SHALL NOT BE HELD LIABLE FOR DAMAGES TO LICENSEE RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.
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Warranty Disclaimer. a. (a) ALL RISKS IN USING THE SOFTWARE ARE ASSUMED BY YOU. YOU AGREE TO USE THE SOFTWARE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE’S OPERATING ENVIRONMENT. THE SOFTWARE IS PROVIDED AND ACCEPTED “AS IS,” WITHOUT ”. OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SOFTWARE FOR ANY WARRANTY REASON.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR REPRESENTATIONS OF ANY KINDIMPLIED, WHETHER EXPRESSINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR STATUTORYFAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS THAT MAY VARY FROM ONE JURISDICTION TO ANOTHER.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SRI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL SRI, ITS DEALERS, DISTRIBUTORS, AGENTS OR ANY THIRD PARTY EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREEHEREIN.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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: User License Agreement
Warranty Disclaimer. a. EXCEPT FOR THE SOFTWARE IS EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICES, THE MACORVA MATERIALS, THIRD PARTY MATERIALS, AND THE STORAGE OF CUSTOMER DATA ARE PROVIDED SOLELY “AS IS,” WITHOUT ”, “AS AVAILABLE”, AND WITH ALL FAULTS. MACORVA DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY OR REPRESENTATIONS OF ANY KINDAND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORYOTHER AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, MACORVA MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, MACORVA MATERIALS, DELIVERABLES, OR STORAGE OF CUSTOMER DATA, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE SERVICES, MACORVA MATERIALS, DELIVERABLES, PROCESSING OF CUSTOMER DATA, OR ANY SOFTWARE OR OTHER CONTENT CONTAINED IN OR PROVIDED THROUGH THE SERVICES AND MACORVA MATERIALS ARE ACCURATE OR RELIABLE. IN NO EVENT SHALL MACORVA OR ITS LICENSORS BE LIABLE FOR THE ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, LOSS, OR RECOVERY OF ANY CUSTOMER DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL MACORVA, ITS REPRESENTATIVES, ITS AGENTS, OR ITS EMPLOYEES WILL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN SUCH INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ADVICE. ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)USE OF THE MACORVA MATERIALS OR SERVICES, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGTHE STORAGE OF CUSTOMER DATA, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREEIS AT CUSTOMER’S OWN RISK.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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: Hosted Services Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCLUSION OF DAMAGES; LIMITATIONS OF LIABILITY. EXCEPT AS IS,” WITHOUT EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY REPRESENTATIONS OR REPRESENTATIONS EXTENDS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GUANFACINE PATENTS, THE GUANFACINE KNOW-HOW, OR ANY THIRD LICENSE GRANTED BY EITHER PARTY HEREUNDER, OR ANY MATERIALS OR INFORMATION PROVIDED TO EITHER PARTY UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER COMPANY OR THEIR RESPECTIVE AFFILIATES. FURTHERMORE, NOTHING IN THIS AGREEMENT SHALL CREATE BE CONSTRUED AS A WARRANTY THAT ANY WARRANTY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE GUANFACINE PATENTS OR THE GUANFACINE KNOW- HOW ARE VALID OR ENFORCEABLE OR THAT USE BY EITHER PARTY OR THEIR RESPECTIVE AFFILIATES OF THE GUANFACINE PATENTS, THE GUANFACINE KNOW-HOW, OR ANY OTHER RIGHTS LICENSED HEREIN, OR ANY MATERIALS OR INFORMATION PROVIDED TO EITHER PARTY UNDER THIS AGREEMENT, DO NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY KINDTHIRD PARTY. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOINGPARTIES’ OBLIGATIONS UNDER ARTICLE 5 REGARDING INDEMNIFICATION, HONEYWELL PROVIDES NO GUARANTEE THAT NEITHER PARTY SHALL BE LIABLE TO THE SOFTWARE WILL OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO A PARTY’S PERFORMANCE OR NON-PERFORMANCE HEREUNDER. ALL CONDITIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCONSISTENT WITH THE PROVISIONS OF THIS SECTION ARE EXPRESSLY EXCLUDED. The foregoing exclusion of damages (i) BE COMPATIBLE WITH ALL SYSTEMSapplies even if a Party had or should have had knowledge, COMPUTERactual or constructive, OR HANDHELD DEVICESof the possibility of such damages, (ii) PROVIDE ADEQUATE WARNINGSis a fundamental element of the basis of the bargain between the Parties and this Agreement would not be entered into without such limitations and exclusions, and (iii) NOT BE COMPROMISEDshall apply whether a claim is based on breach of contract, CIRCUMVENTEDbreach of warranty, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDERtort (including negligence), CENTRAL STATIONproduct liability, NOCstrict liability or otherwise, 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 OTHERWISEand notwithstanding any failure of essential purpose of any limited remedy herein. 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 EVENT AND IS NOT AN INSURANCE POLICYThe foregoing exclusion of damages is intended to apply even if there is a total and fundamental breach of this Agreement. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERThe essential purpose of the exclusion of damages clause is to limit the Parties’ respective liabilities to each other hereunder.
Appears in 1 contract
Samples: Guanfacine License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SOFTWARE, DOCUMENTATION, AND TSSA LEASE FORMS ARE PROVIDED “TO LICENSEE "AS IS,” " AND WITH ALL FAULTS AND DEFECTS 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELL, ON BEHALF OF ITSELF BMS AND ITS LICENSORS AND SUPPLIERS, TSSA EXPRESSLY DISCLAIM ALL SUCH WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AND TSSA LEASE FORMS, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, 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. HONEYWELL DOES NOT WARRANT WITHOUT LIMITATION TO THE 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 ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
b. FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT TSSA AND BMS EXPRESSLY DISCLAIM ANY WARRANTY WITH RESPECT TO THE SOFTWARE WILL (i) BE COMPATIBLE WRITTEN CONTENT OF ANY OF THE FORMS. FURTHER, TSSA AND BMS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH ALL SYSTEMSRESPECT 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, COMPUTER, OR HANDHELD DEVICES, (ii) YOU SHOULD RETAIN YOUR OWN ATTORNEY TO REVIEW THE TSSA LEASE FORMS AND PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, LEGAL ADVICE ON THEIR USE, ALERTSAND WHETHER OR NOT ADDITIONAL ADDENDA OR INFORMATION SHOULD BE ADDED TO THE TSSA LEASE FORMS. TSSA AND BMS DO NOT PROVIDE LEGAL ADVICE, 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY YOUR USE OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND THE TSSA LEASE FORMS DOES NOT WARRANT, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERCREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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Samples: License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS OUR EQUIPMENT, FACILITIES AND SERVICES ARE PROVIDED “ON AN "AS IS,” " AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESSEITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR STATUTORYFITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, ADVICE, OR INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. COMPANY ACKNOWLEDGES THAT COMPANY HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY COMMZOOM, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSEWARRANTIES SET FORTH IN THIS AGREEMENT. HONEYWELL DOES WE DO NOT WARRANT THAT THE SOFTWARE EQUIPMENT OR SERVICES WILL OPERATE WITHOUT INTERRUPTION, BE UNINTERRUPTED OR BE ERROR FREE.
b. . 17. CUSTOMER INDEMNIFICATION. COMPANY AGREES THAT COMPANY SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMMZOOM AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE “COMMZOOM GROUP”) AND SHALL REIMBURSE THE COMMZOOM GROUP FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITING THE FOREGOINGLIMITATION, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF: (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, COMPANY’S USE OF THE SERVICE OR HANDHELD DEVICES, EQUIPMENT; (ii) PROVIDE ADEQUATE WARNINGSVIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM COMPANY’S USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT COMPANY’S BREACH OF 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY PROVISION OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERTHIS AGREEMENT.
Appears in 1 contract
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART YOU AGREE THAT YOUR USE OF THE SOFTWARE TO USERANDIUM SERVICE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELLANDIUM, ON BEHALF OF ITSELF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY AGENTS DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ANDIUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONANY (I) ERRORS, MISTAKES, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICESINACCURACIES OF CONTENT, (iiII) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH DAMAGE OF ANY KIND INCURRED AS A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESULT OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONUSE OF ANY CONTENT POSTED, YOUR USEEMAILED, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANDIUM SERVICE. ANDIUM DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET ANY PRODUCT OR SERVICE PROVIDER, SATELLITE PROVIDERADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ANDIUM SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND MOBILE DEVICE CARRIERANDIUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN. IN NO EVENT SHALL ANDIUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANDIUM CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ANDIUM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Andium from its facilities in the United States of America. Andium makes no representations that the Andium Service is appropriate or available for use in other locations. Those who access or use the Andium Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. a. 23.1. NEITHER THE DEZINER HAAT, THE DEZINER HAAT MARKETPLACE, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THATTHE THE DEZINER HAATSITE, THE MARKETPLACE PROGRAM, ANYSELLERPORTAL, SERVICES PROVIDED BY THE DEZINER HAAT MARKETPLACE OR ANY SERVICE PROVIDER, OR SOFTWARE IS USED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND SELLER AGREES THATTHE DEZINER HAAT MARKETPLACE WILL NOT BE LIABLE FORTHE CONSEQUENCES OF ANY INTERRUPTIONS ORERRORS, INCLUDINGWITHOUT LIMITATION,SYSTEM ORSOFTWARE FAILURESOR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. NEITHER THE DEZINER HAAT, THE DEZINER HAAT MARKETPLACE NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO SELLER WITH RESPECT TO THE SALE OF SELLER’S PRODUCTS THROUGH THE THE DEZINER HAAT SITEPURSUANT TOTHIS AGREEMENT, AND ALL SUCHSERVICES PROVIDED “AS BY THE DEZINER HAAT MARKETPLACE ARE PROVIDED ON AN“AS-IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS AND“AS AVAILABLE” BASIS.
23.2. THE DEZINER HAAT MARKETPLACE AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS ANDSUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLIMPLIED, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 STATUTORY 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR EXAMPLEA PARTICULAR PURPOSE, YOUR COMPUTERTITLE AND NON-INFRINGEMENT OF PROPRIETARYRIGHTS ANDTHOSEIMPLIEDWARRANTIES ARISINGOUT OF COURSE OF PERFORMANCE, MOBILE DEVICECOURSE OF DEALING OR USAGE OF TRADE. 24. LIMITATION OF LIABILITY No ConsequentialDamages 24.1. IN NO EVENT SHALL THE DEZINER HAAT OR THE DEZINER HAAT MARKETPLACE BE LIABLE TO SELLER OR ANYTHIRD PARTY UNDER ANY THEORY OF TORT, HOME WIRINGCONTRACT, INTERNET SERVICE PROVIDERSTRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
24.1.1. LOST PROFITS, SATELLITE PROVIDERLOST REVENUE, AND MOBILE DEVICE CARRIER.LOSS OF BUSINESS OR LOSS OF DATA;
24.1.2. EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR THE LIKE; OR
24.1.3. FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT, EACH OF WHICH IS HEREBY EXCLUDED BYAGREEMENT OFTHE PARTIESREGARDLESS OFWHETHER SUCH DAMAGESWERE FORESEEABLE OR WHETHER THE DEZINER HAAT MARKETPLACE HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Monetary Cap
Appears in 1 contract
Samples: Marketplace Seller Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCEPT AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND REPRESENTATIONS CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR BE ERROR FREE.
b. FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE 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 THAT THE SOFTWARE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (iD) ANY ERRORS IN THE PRODUCTS CAN BE COMPATIBLE WITH ALL SYSTEMSCORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, COMPUTERWITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 WARRANTY WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USERESPECT TO, AND A VARIETY OF THIRDASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT WARRANTLIMITED TO WIRELESS SERVICES, INCLUDINGMAPPING SERVICES, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRINGPOSTED ROAD SPEED SERVICES, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, BANDWIDTH AND MOBILE DEVICE CARRIERCLOUD STORAGE.
Appears in 1 contract
Samples: End User Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART YOU AGREE THAT YOUR USE OF THE SOFTWARE TO USERPRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELL, VIRBELA (ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSTHE VIRBELA PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESSLY DISCLAIM ALL SUCH EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. HONEYWELL XXXXXXX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. XXXXXXX DOES NOT WARRANT THAT THE SOFTWARE PRODUCTS OR SERVICES WILL OPERATE WITHOUT INTERRUPTIONBE SECURE, UNINTERRUPTED, OR BE ERROR ERROR-FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 THAT, DUE TO THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY NATURE OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONINTERNET, YOUR USE, TRANSMISSIONS TO AND A VARIETY OF THIRD-FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE VIRBELA PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES DO NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET ANY PRODUCT OR SERVICE PROVIDER, SATELLITE PROVIDERADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND MOBILE DEVICE CARRIERTHE VIRBELA PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. USE OF THE SOFTWARE SERVICES IS ENTIRELY AT THE RISK OF PARTNER SCHOOL. PARTNER SCHOOL EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SERVICES, SOFTWARE, AND ANY ASSOCIATED SUMMIT LEARNING TECHNOLOGY, USER CONTENT OR CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT ANY WARRANTY OR REPRESENTATIONS LIMITING THE GENERALITY OF THE FOREGOING, SUMMIT LEARNING AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “SUMMIT LEARNING” FOR PURPOSES OF SECTION 10.2 AND SECTION 10.3 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST HIDDEN OR STATUTORY. NO ORAL LATENT DEFECTS AND NON-INFRINGEMENT, MISAPPROPRIATION OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY VIOLATION OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL INTELLECTUAL PROPERTY OR WRITTEN INFORMATION PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR ADVICE PROVIDED BY HONEYWELLUSAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, ITS CUSTOMERSRELIABILITY, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)CORRECTNESS, OR EMERGENCY CALL CENTERS COMPLETENESS OF DATA OR CONTENT (“ECCs”INCLUDING USER CONTENT) MADE AVAILABLE ON THE SERVICES OR ENTITIES LICENSINGOTHERWISE BY SUMMIT LEARNING. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, INSTALLINGSUMMIT LEARNING MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET THE NEEDS OR REQUIREMENTS OF PARTNER SCHOOL OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; (II) USE OF THE SERVICES WILL BE TIMELY, CONFIGURINGSECURE, MAINTAINTINGACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED, OR SUPPLYING ALL FREE FROM ERRORS, LOSS, CORRUPTION, ATTACH, VIRUSES, OR HACKING; AND (III) ANY INFORMATION OBTAINED BY PARTNER SCHOOL AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN ANY PART OF THE SOFTWARE SERVICES PROVIDED TO USERPARTNER SCHOOL WILL BE CORRECTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO PARTNER SCHOOL, THE ABOVE EXCLUSIONS WILL APPLY TO PARTNER SCHOOL TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT THE DISCRETION AND RISK, HONEYWELLAND PARTNER SCHOOL WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PARTNER SCHOOL’S OR ITS LICENSED USERS’ DEVICES, ON 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 INTERRUPTIONCOMPUTERS, OR BE ERROR FREELOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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: Summit Learning Program Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND(a) 8DIO PRODUCTIONS, LLC AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. 8DIO PRODUCTIONS, LLC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. 8DIO PRODUCTIONS, LLC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED OR STATUTORY. WARRANTY OF FITNESS FOR SUCH PURPOSES.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL 8DIO PRODUCTIONS, LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR ANY THIRD PARTY EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF ANY KINDIMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREESTATE.
b. WITHOUT LIMITING THE FOREGOING(e) 8DIO PRODUCTIONS, HONEYWELL PROVIDES NO GUARANTEE LLC shall have no responsibility if the Software has been altered in any way, or FOR ANY failure THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSarises out of use of the Software with other than a recommended hardware configuration, COMPUTER, PLATFORM OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIEROPERATING SYSTEM.
Appears in 1 contract
Samples: Software End User License Agreement
Warranty Disclaimer. a. THE SERVICE, SOFTWARE IS AND ALL DOCUMENTATION PROVIDED BY OPENDNS HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS AND OPENDNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDKIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO ORAL WARRANTY IS MADE BY OPENDNS ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY COURSE OF ANY KINDTRADE. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL OPENDNS DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL OPERATE WITHOUT INTERRUPTIONMEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO CORRECTED. OPENDNS DOES NOT GUARANTEE THAT THE SOFTWARE SERVICE WILL (i) BE COMPATIBLE WITH GUARANTEE SECURITY DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. OPENDNS DOES NOT WARRANT THAT THE SERVICE WILL PROTECT YOUR FILES, NETWORK OR ENDPOINTS FROM ALL SYSTEMSMALWARE, COMPUTER, VIRUSES OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISETHIRD PARTY MALICIOUS ATTACKS. 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON OPENDNS’ OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR CONFIGURATION, 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 CARRIERBENEFIT ONLY.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SOFTWARE SERVICES IS PROVIDED “AT YOUR SOLE RISK. LICENSOR PROVIDES THIS SERVICES ON AN ‘AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS ’ AND ‘AS AVAILABLE’ BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; B) LICENSOR DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR STATUTORY. FREE OF VIRUSES AND OTHER HARMFUL COMPONENNTS, (III) ANY ERRORS ON THE LICENSOR WEBSITE OR SERVICE WILL BE CORRECTED; AND (IV) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICES WILL REMAIN ACCESSIBLE; C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY YOU FROM LICENSOR, OR ADVICE GIVEN BY HONEYWELL THROUGH OR ANY THIRD PARTY FROM THE LICENSOR WEBSITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; E) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; AND F) IN THE EVENT OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL BREACH OF THE WARRANTIES SET FORTH ABOVE, LICENSOR’S SOLE AND EXCLUSIVE RESPONSIBILITY, AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR LICENSOR TO CORRECT OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLREPLACE, ITS CUSTOMERSAT NO ADDITIONAL CHARGE TO LICENSEE, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART PORTION OF THE SOFTWARE SERVICES FOUND TO USER. BE DEFECTIVE; PROVIDED, HOWEVER, THAT IF WITHIN A COMMERCIALLY REASONABLE PERIOD OF TIME LICENSOR NEITHER CORRECTS SUCH DEFECTS NOR REPLACES THE DEFECTIVE SERVICES, THEN CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RECEIVE DIRECT DAMAGES NOT TO EXCEED A SUM EQUAL TO THE MAXIMUM EXTENT PERMITTED BY LAWAMOUNT OF FEES PAID TO LICENSOR, HONEYWELLIF ANY, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERSERVICES.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART YOU AGREE THAT YOUR USE OF THE SOFTWARE TO USEREXPLORER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELLEXPLORER, ON BEHALF OF ITSELF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY AGENTS DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EXPLORER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONANY (I) ERRORS, MISTAKES, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICESINACCURACIES OF CONTENT, (iiII) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, OR (iv) PREVENT ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH DAMAGE OF ANY KIND INCURRED AS A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESULT OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONUSE OF ANY CONTENT POSTED, YOUR USEEMAILED, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EXPLORER WEBSITE. EXPLORER DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET ANY PRODUCT OR SERVICE PROVIDER, SATELLITE PROVIDERADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EXPLORER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBILE DEVICE CARRIEREXPLORER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Appears in 1 contract
Samples: Terms of Use
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND RENTOUCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. RENTOUCH SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENTOUCH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER RENTOUCH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, DEFECTS WILL BE CORRECTED; OR (ivF) PREVENT THE PRODUCTS (OR ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXX, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. YOU ACKNOWLEDGE SERVER(S) THAT USING THE SOFTWARE IN CONNECTION WITH MAKE A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. a. THE SOFTWARE IS EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1 (GENERAL WARRANTIES) AND 11.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS,” WITHOUT AND BRIKIT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL BRIKIT WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BRIKIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER BRIKIT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE USE OF ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT DATA; (C) THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSOR ANY PRODUCTS, COMPUTERSERVICES, INFORMATION, OR HANDHELD DEVICES, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (iiD) PROVIDE ADEQUATE WARNINGS, (iii) NOT ERRORS OR DEFECTS WILL BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, CORRECTED; OR (ivE) PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXXEXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.2 (VIRUS WARRANTY), 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, YOUR USEBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTIF ANY, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERWILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, HONEYWELLPENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES, ON BEHALF WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERSMERCHANTABILITY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND 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. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PENTAIR PROVIDES NO GUARANTEE WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SOFTWARE SERVICE WILL (i) MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ALL SYSTEMSANY OTHER APPLICATION, COMPUTERSYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR HANDHELD DEVICESBE 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), (ii) PROVIDE ADEQUATE WARNINGSINCLUDING WITH RESPECT TO THE OPERATION, (iii) NOT BE COMPROMISED, CIRCUMVENTED, MAINTENANCE OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT THE SERVICE, YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USEARE SOLELY RESPONSIBLE FOR, AND A VARIETY ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THIRD-PARTIES PRODUCTS 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 CARRIERSERVICES USED IN CONNECTION WITH THE SERVICE.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. a. THE SOFTWARE IS AND FEATURES, INCLUDING ALL INFORMATION AND RESPONSES, ARE PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES INCLUDES, WITHOUT LIMITATION LIMITATION, ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) ), OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERSOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS REPRESENTATIONS, INCLUDING MERCHANTABILITY MERCHANTABILITY, ACCURACY (OF DATA OR ANY OTHER INFORMATION, RESPONSE, RESULTS OR CONTENT) AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, INTERRUPTION OR BE ACCURATE, COMPLETE OR ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL WILL: (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, ; (ii) PROVIDE ADEQUATE WARNINGS, ; (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 ABURGLARYA BURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 BUILDING WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIER.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” WITHOUT AND CROSSFLOW DISCLAIMS ANY WARRANTY OR REPRESENTATIONS OF ANY KINDAND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY NON-INFRINGEMENT OF THIRD PARTY SHALL CREATE ANY WARRANTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLKIND FOR THE THIRD PARTY SOFTWARE, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 PACKAGE WILL OPERATE WITHOUT INTERRUPTIONMEET END USER’S REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR BE ERROR FREE.
b. WITHOUT LIMITING , THAT DEFECTS OR ERRORS IN THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE PACKAGE WILL BE CORRECTED OR THAT THE SOFTWARE PACKAGE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTERFUTURE CROSSFLOW’ PRODUCTS, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE COMPROMISEDLOST, CIRCUMVENTEDCORRUPTED OR DESTROYED. END USER ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE END USER INTENDED RESULTS, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR AND FOR THE RESULTS OBTAINED FROM 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 OTHERWISEEND USER’S USE OF THE PACKAGE. YOU ACKNOWLEDGE THAT USING SHALL BEAR THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT ENTIRE RISK AS TO THE QUALITY AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY PERFORMANCE OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERPACKAGE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, HONEYWELLYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCUACY, AND THE EFFORT IS WITH YOU, AND THE SOFTWARE IS PROVIDED ON BEHALF AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY KIND, EXPRESSLY DISCLAIM ALL SUCH EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING OF MERCHANTABILITY AND FITNESS FOR PURPOSEA PARTICULAR PUPROSE AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER INCLUDING THAT THE SOFTWARE IS NON-INFRINGING, ACCESSIBLE, OR UNINTERRUPTED. HONEYWELL TO THE FULLEST EXTENT PERMITTED BY LAW, IDAHO FREEDOM FOUNDATION DISCLAIMS RESPONSIBILITY AND ANY LIABILITY FOR (A) ANY ERRORS IN THE SOFTWARE AND ANY CONSEQUENCES, DECISIONS, JUDGMENTS, OR RESULTS ATTRIBUTABLE TO OR RELATED TO ANY USES, NON-USES, OR INTERPRETATIONS OF INFORMATION OR DATA CONTAINED IN OR NOT CONTAINED IN THE SOFTWARE; (B) ANY DAMAGE TO YOUR EQUIPMENT OR ANY OTHER INFORMATION OR SOFTWARE OR APPLICATION YOU HAVE; (C) ANY INTERRUPTION OF ANY OTHER SERVICE OR APPLICATION; AND (D) ANY OTHER DAMAGE NO MATTER THE CAUSE. IDAHO FREEDOM FOUNDATION DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT DATA CONTAINED IN THE SOFTWARE WILL (i) MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, UNINTERRUPTED OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 OTHERWISEWITHOUT ERROR. YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES HAS NOT GUARANTEE THAT YOU WILL BEEN DEVELOPED ACCORDING TO YOUR SPECIFICATIONS AND HAS NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS OTHERWISE BEEN CUSTOM-MADE. SOME JURISDICTIONS DO NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT ALLOW THE AVAILABILITY AND FUNCTIONALITY EXCLUSION OF IMPLIED WARRANTIES SO THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES ABOVE EXCLUSIONS MAY NOT WARRANT, INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERAPPLY TO YOU.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. TO THE SOFTWARE IS EXTENT PERMITTED BY LAW, THE SITE AND ALL SERVICES PROVIDED “BY US ARE PROVIDED TO YOU "AS IS,” " AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
b. EXCEPT FOR THE WARRANTIES EXPRESSLY STATED HEREIN, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE REGARDING MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THIRD PARTY SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED; ANY WARRANTY FOR THIRD PARTY SERVICES IS PROVIDED, IMPLIED IF AT ALL, BY THE THIRD PARTY VENDOR FOR SUCH SERVICES. WE MAKE NO OTHER REPRESENTATIONS, PROMISES, WARRANTIES OR STATUTORYUNDERSTANDINGS OF ANY KIND RELATING TO THE SITE, SERVICES, INCLUDING THIRD PARTY SERVICES, OR CONTENT UNDER THIS AGREEMENT. FOR CLARITY, WE MAKE NO ORAL REPRESENTATIONS OR WRITTEN WARRANTIES THAT YOUR USE OF THE SERVICES WILL COMPLY WITH APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA") AND HEALTH INFORMATION OR ADVICE GIVEN BY HONEYWELL TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ("HITECH"), AS THEY MAY BE AMENDED FROM TIME TO TIME, AND ANY REGULATIONS ISSUED THEREUNDER. WE WILL NOT BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY THIRD PARTY SHALL CREATE FOR ANY WARRANTY CLAIM OR LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING THIRD PARTY SERVICES, THE SITE, OR FROM THE MANUFACTURE, USE, IMPORTATION OR SALE OF THE SERVICES, OR FOR ANY CLAIM FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL c. You represent and warrant that You are: (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, a party doing business; (ii) PROVIDE ADEQUATE WARNINGS, located in a jurisdiction; and (iii) NOT BE COMPROMISEDengaged in activities, CIRCUMVENTEDsuch that We are not required to obtain any export license, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM A PROVIDERpermit or other approval under applicable laws and regulations including but not limited to export control and/or sanctions regulations of any jurisdiction the laws of which may be implicated by this Agreement. Furthermore, CENTRAL STATIONYou acknowledge and agree that We have the exclusive authority to monitor such status on a regular basis and, NOCif it should be determined by Us that You at any point in time are in violation of any of these representations and warranties, OR ECC RELATED TO SOFTWARE ACTIVATIONWe have the exclusive authority to immediately terminate any and all Services to You (and any accounts You have with Us) without prior written notice, USEand You will forfeit any remaining balance on Your account.
d. Unless otherwise specified in writing by Us, ALERTSWe do not intend uses of the Services to create obligations under HIPAA and makes no representations that the Services satisfy HIPAA requirements. If You or Your customer are (or become) a Covered Entity or Business Associate, OR DEACTIVATIONas defined in HIPAA, OR You will not and ensure Your customer does not use the Services for any purpose or in any manner involving Protected Health Information (ivas defined in HIPAA) PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY XXXXXXXXunless You have received prior written consent to such use from Us.
e. If You are (or become) a Covered Entity or Business Associate, ROBBERYas defined in HIPAA:
i. And if You order Services from Us through the Site that are identified in the Site as HIPAA compliant, FIREthen You agree to the Cloud4C Services Cloud Marketplace Reseller Business Associate Agreement; and
ii. You will not, EXCESSIVE HEATand You will ensure Your customer does not, COLD OR HUMIDITY OR OTHERWISEuse any Services (other than those identified in Section 10.d for any purpose or in any manner involving Protected Health Information (as defined in HIPAA). 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRDWe do not intend uses of the non-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 CARRIERHIPAA compliant Services to create obligations under HIPAA and makes no representations that the non- HIPAA compliant Services satisfy HIPAA requirements.
Appears in 1 contract
Samples: General Terms of Service
Warranty Disclaimer. a. (a) TO THE SOFTWARE IS EXTENT PERMITTED BY LAW, THE SITE AND ALL SERVICES PROVIDED BY CLIMB ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
(b) EXCEPT FOR THE WARRANTIES EXPRESSLY STATED HEREIN, CLIMB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE REGARDING MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THIRD PARTY SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED; ANY WARRANTY FOR THIRD PARTY SERVICES IS PROVIDED, IMPLIED IF AT ALL, BY THE THIRD PARTY VENDOR FOR SUCH SERVICES. CLIMB MAKES NO OTHER REPRESENTATIONS, PROMISES, WARRANTIES OR STATUTORYUNDERSTANDINGS OF ANY KIND RELATING TO THE SITE, SERVICES, INCLUDING THIRD PARTY SERVICES, OR CONTENT UNDER THIS AGREEMENT. FOR CLARITY, CLIMB MAKES NO ORAL REPRESENTATIONS OR WRITTEN WARRANTIES THAT YOUR USE OF THE SERVICES WILL COMPLY WITH APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND HEALTH INFORMATION OR ADVICE GIVEN BY HONEYWELL TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH (“HITECH”), AS THEY MAY BE AMENDED FROM TIME TO TIME, AND ANY REGULATIONS ISSUED THEREUNDER. CLIMB SHALL NOT BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY THIRD PARTY SHALL CREATE FOR ANY WARRANTY CLAIM OR LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE INTELLECTUAL PROPERTY, THE SERVICES, INCLUDING THIRD PARTY SERVICES, THE SITE, OR FROM THE MANUFACTURE, USE, IMPORTATION OR SALE OF THE SERVICES, OR FOR ANY CLAIM FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (c) You represent and warrant that You are a (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICESparty doing business, (ii) PROVIDE ADEQUATE WARNINGSlocated in a jurisdiction, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.and
Appears in 1 contract
Samples: General Terms of Service
Warranty Disclaimer. a. SUBJECT TO THE SOFTWARE IS REFUND POLICY (APPLICABLE ONLY TO YOUR PURCHASED MODLETS, IF ANY), YOU UNDERSTAND AND AGREE THAT THE SOFTWARE, SERVICES, AND/OR MODLET ARE PROVIDED “ON AN "AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING, THINKECO MAKES NO WARRANTY: (A) THAT THE SOFTWARE, SERVICES, AND/OR MODLET WILL MEET YOUR REQUIREMENTS; (B) THAT THE USE OF THE SOFTWARE, SERVICES, AND/OR MODLET WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) AS TO THE ACCURACY OR RELIABILITY OF ANY WARRANTY INFORMATION OBTAINED BY AND/OR REPRESENTATIONS THROUGH THE SOFTWARE, SERVICES, AND/OR MODLET (INCLUDING THIRD PARTY CONTENT); (D) THAT ANY DEFECTS IN THE SERVICES, SOFTWARE AND/OR MODLET WILL BE CORRECTED; (E) THAT THE SOFTWARE, SERVICES, AND/OR MODLET WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE; (F) THAT THE SOFTWARE, SERVICES, MODLET, AND/OR THE ASSOCIATED THINKECO SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (G) THAT YOU WILL REALIZE ANY ACTUAL SAVINGS ON YOUR ENERGY XXXX(S) AS A RESULT OF YOUR USE OF THE SOFTWARE, SERVICES, AND/OR MODLET. YOU (AND NOT THINKECO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR AND/OR CORRECTIONS ASSOCIATED WITH THE SOFTWARE, SERVICES, AND/OR MODLET. THINKECO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL , REGARDING THE SOFTWARE, SERVICES, AND/OR WRITTEN INFORMATION MODLET, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ADVICE GIVEN BY HONEYWELL OR ANY NON-INFRINGEMENT OF THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREERIGHTS.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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. a. AIA AND THE SOFTWARE IS 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 ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS,” AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSINCLUDING, WITHOUT LIMITATION, ALL IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)RELATED TO THE USE, OR EMERGENCY CALL CENTERS (“ECCs”) THE RESULTS OF THE USE, OF THE ACD ONLINE SERVICE OR ENTITIES LICENSINGDOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, INSTALLINGACCURACY, CONFIGURINGSECURITY, MAINTAINTINGRELIABILITY, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USEROTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL AIA ALSO DOES NOT WARRANT THAT THE SOFTWARE ACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY CERTIFICATION OR LEGAL STANDARD OR OPERATE WITHOUT INTERRUPTIONERROR- FREE, UNINTERRUPTED, OR BE ERROR FREE.
b. WITHOUT LIMITING IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE FOREGOINGENTIRE RISK AS TO THE AVAILABILITY, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSQUALITY, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY PERFORMANCE OF THE SOFTWARE ACD ONLINE SERVICE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERWITH YOU.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND JETFILE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. JETFILE SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF JETFILE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF NEITHER JETFILE NOR ANY OF ITSELF AND ITS THIRD PARTY LICENSORS AND SUPPLIERSSUPPLIERS MAKES ANY REPRESENTATION, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT WARRANTY OR GUARANTEE AS TO THE SOFTWARE 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 PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING DATA; (C) THE FOREGOINGPRODUCTS (OR ANY PRODUCTS, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSSERVICES, COMPUTERINFORMATION, OR HANDHELD DEVICES, (iiOTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, WILL MEET YOUR REQUIREMENTS OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.EXPECTATIONS);
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. a. EXCEPT AS EXPLICITLY SET FORTH HEREIN, OPTIGO (WHICH FOR THE SOFTWARE IS 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 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 ANY WARRANTY OR REPRESENTATIONS CONDITION OF ANY KIND. OPTIGO DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO OPTIGO’S PRODUCT SUITE AND THE CONSULTING SERVICES, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FUNCTIONALITY, AND NON- INFRINGEMENT. NO ORAL IF SUBSCRIBER HAS OTHER STATUTORY RIGHTS THAT MAY NOT BE OTHERWISE DISCLAIMED OR WRITTEN INFORMATION OR ADVICE GIVEN LIMITED HEREUNDER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERLAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL OPTIGO DOES NOT WARRANT THAT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE SOFTWARE 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 OPTIGO’S PRODUCT SUITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) OPTIGO’S PRODUCT SUITE WILL OPERATE WITHOUT INTERRUPTIONIN 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 BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE RELIABLE OR THAT THE SOFTWARE ANY SUCH STORED DATA WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, LOST OR INTERRUPTED WHEN SENDING CORRUPTED; (E) ERRORS OR RECIVING INFORMATION DEFECTS IN OPTIGO’S PRODUCT SUITE WILL BE IDENTIFIED OR SIGNALS TO OR FROM A PROVIDER, CENTRAL STATION, NOC, OR ECC RELATED TO SOFTWARE ACTIVATION, USE, ALERTS, OR DEACTIVATION, CORRECTED; OR (ivF) 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 OPTIGO’S PRODUCT SUITE IS FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERHARMFUL COMPONENTS.
Appears in 1 contract
Warranty Disclaimer. a. (a) ALL RISKS IN USING THE SOFTWARE ARE ASSUMED BY YOU. YOU AGREE TO USE THE SOFTWARE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE’S OPERATING ENVIRONMENT. THE SOFTWARE IS PROVIDED AND ACCEPTED “AS IS,” WITHOUT ”. OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SOFTWARE FOR ANY WARRANTY REASON.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICAN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR REPRESENTATIONS OF ANY KINDIMPLIED, WHETHER EXPRESSINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR STATUTORYFAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS THAT MAY VARY FROM ONE JURISDICTION TO ANOTHER.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICAN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL ICAN, ITS DEALERS, DISTRIBUTORS, AGENTS OR ANY THIRD PARTY EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON 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 INTERRUPTION, OR BE ERROR FREEHEREIN.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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: User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SERVICES ARE PROVIDED ON AN “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYAND “AS AVAILABLE” BASIS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART USE OF THE SOFTWARE TO USERSERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLTHE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, ON BEHALF WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERSMERCHANTABILITY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XXXXXXXXXXXXXXXXX.XX OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE XXXXXXXXXXXXXXXXX.XX, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL (i) MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ALL SYSTEMSAVAILABLE AT ANY PARTICULAR TIME OR LOCATION, COMPUTERUNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR HANDHELD DEVICESDOWNLOADED OR OTHERWISE OBTAINED THROUGH, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT HAVE ABURGLARYEXPRESSLY SET FORTH OTHERWISE HEREIN, ROBBERY, FIRE INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE MOBILE DEVICE OR LOSS OF DATA THAT THE AVAILABILITY AND FUNCTIONALITY RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATIONSERVICES. FURTHER, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND XXXXXXXXXXXXXXXXX.XX DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET ANY PRODUCT OR SERVICE PROVIDER, SATELLITE PROVIDERADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MOBILE DEVICE CARRIERXXXXXXXXXXXXXXXXX.XX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. a. THE SOFTWARE IS PROVIDED “EXCEPT AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KINDEXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELL, THE SERVICES AND DEVICES ARE PROVIDED ON BEHALF OF ITSELF AN “AS IS” AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND REPRESENTATIONS CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND WITHOUT LIMITATION ANY TERMS, REPRE- SENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILI- TY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, NON-IN- FRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR BE ERROR FREE.
b. FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GEN- ERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE WE CANNOT AND DO NOT REPRE- SENT, WARRANT OR COVENANT THAT: (A) ANY OF THE PRODUCTS WILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS; (B) THE PRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUP- TION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE SOFTWARE RESULTS OBTAINED FROM THEIR USE WILL BE ACCU- RATE, RELIABLE OR CURRENT (iD) ANY ERRORS IN THE PRODUCTS CAN BE COMPATIBLE WITH ALL SYSTEMSCORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, COMPUTERWITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTA- TION, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 WARRANTY WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USERESPECT TO, AND A VARIETY OF THIRDASSUME NO RE- SPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES POLTE PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT WARRANTLIMITED TO WIRELESS SERVICES, INCLUDINGMAPPING SERVICES, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRINGPOSTED ROAD SPEED SERVICES, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, BANDWIDTH AND MOBILE DEVICE CARRIERCLOUD STORAGE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT OR ANY WARRANTY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR REPRESENTATIONS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY KINDOTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER EXPRESSLATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”)USAGE, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSINGTRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL NUIX DOES NOT WARRANT THAT THE SOFTWARE OR OTHER PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONMEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE OR OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS WILL BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE CORRECTED OR THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSDETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 AND OTHER EVENT PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PRODUCT IS DEPENDENT 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 YOUR CONFIGURATIONHOW LONG ANY SUCH GUARANTEE, YOUR USECONDITION, AND WARRANTY OR TERM MAY LAST. AS A VARIETY RESULT, NOT ALL OF THIRDTHE LIMITATIONS IN THIS SECTION 12 WILL 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-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND DOES NOT WARRANTEXCLUDABLE PROVISION"), INCLUDING, FOR EXAMPLE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDER, AND MOBILE DEVICE CARRIERSUBJECT TO SECTION 13.3.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. a. THE SOFTWARE IS SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED “THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS,” " AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS WARRANTIES 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLGGS DISCLAIMS ALL WARRANTIES OF ANY KIND, ON BEHALF WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR, USEFULNESS, OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE. HONEYWELL DOES NOT WARRANT FURTHER, GGS MAKES NO WARRANTY THAT THE SOFTWARE SERVICE WILL OPERATE WITHOUT INTERRUPTIONMEET CUSTOMER’S REQUIREMENTS. NO ADVICE, RESULTS OR BE ERROR FREE.
b. INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GGS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) GGS SHALL NOT BE COMPATIBLE WITH ALL SYSTEMS, COMPUTERLIABLE FOR ANY DAMAGES TO, OR HANDHELD DEVICESVIRUSES THAT MAY INFECT, (ii) PROVIDE ADEQUATE WARNINGSCUSTOMER’S EQUIPMENT ON ACCOUNT OF CUSTOMER’S ACCESS TO, (iii) NOT BE COMPROMISED, CIRCUMVENTEDUSE OF, OR INTERRUPTED WHEN SENDING BROWSING IN THE SERVICE OR RECIVING CUSTOMER’S DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE SERVICE. IN ADDITION, GGS RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. GGS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR SIGNALS RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GGS AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR FROM A PROVIDERUSEFULNESS OF ANY INFORMATION, CENTRAL STATIONOPINION, 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 ADVICE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT CONTENT AVAILABLE THROUGH THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERSERVICE.
Appears in 1 contract
Samples: Software Service Agreement
Warranty Disclaimer. a. EXCEPT AS EXPRESSLY STATED ABOVE, THE SOFTWARE LICENSED PRODUCT IS PROVIDED “AS IS,” 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 OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLAND A4A HEREBY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSALL PERSONS WHO CONTRIBUTED TO THE CREATION, EXPRESSLY DISCLAIM PUBLICATION, REVISION AND/OR MAINTENANCE OF THE LICENSED PRODUCT, ALL SUCH OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND OF MERCHANTABILITY, FITNESS FOR PURPOSEA PARTICULAR PURPOSE AND NON-INFRINGEMENT. HONEYWELL DOES NOT WARRANT NEITHER A4A NOR ANY PERSON WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION OR MAINTENANCE OF THE LICENSED PRODUCT WARRANTS THAT THE SOFTWARE LICENSED PRODUCT WILL OPERATE WITHOUT INTERRUPTIONMEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED PRODUCT WILL BE ERROR FREE.
b. , OR THAT IT IS ACCURATE, COMPLETE, CURRENT OR RELIABLE. IN NO EVENT WILL A4A OR ANY PERSON WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION, OR MAINTENANCE OF THE LICENSED PRODUCT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE LICENSED PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; WITHOUT LIMITING THE FOREGOINGGENERALITY OF THE FOREGOING LIMITATIONS OF LIABILITY, HONEYWELL PROVIDES NO GUARANTEE THAT NEITHER A4A NOR ANY PERSON WHO CONTRIBUTED TO THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSCREATION, COMPUTERPUBLICATION, REVISION, OR HANDHELD DEVICESMAINTENANCE OF THE LICENSED PRODUCT IS RESPONSIBLE FOR LOST PROFITS OR REVENUE, (ii) PROVIDE ADEQUATE WARNINGSLOSS OF THE USE OF THE LICENSED PRODUCT, (iii) NOT BE COMPROMISED, CIRCUMVENTEDLOSS OF DATA, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS THE COST OF ANY SUBSTITUTE PRODUCT. IN NO CASE SHALL THE AGGREGATE LIABILITY OF A4A AND ALL PERSONS WHO CONTRIBUTED TO OR FROM A PROVIDERTHE CREATION, CENTRAL STATIONPUBLICATION, NOCREVISION, OR ECC RELATED TO SOFTWARE ACTIVATIONMAINTENANCE OF THE LICENSED PRODUCT EXCEED EITHER (1) THE AMOUNT OF THE ANNUAL E-BUSINESS PROGRAM MEMBERSHIP FEE YOU PAID FOR THE YEAR IN WHICH SUCH LIABILITY AROSE, USE, ALERTS, OR DEACTIVATIONIF YOU ARE AN E-BUSINESS PROGRAM MEMBER, OR (iv2) PREVENT THE PRICE YOU PAID TO PURCHASE THE LICENSED PRODUCT FROM A4A. IN ADDITION, THE THIRD-PARTY PUBLISHER OF THE LICENSED PRODUCT WILL NOT BE LIABLE FOR ANY PERSONAL INJURY DAMAGE OR PROPERTY LOSS CAUSED BY XXXXXXXXOF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE LICENSED PRODUCT (INCLUDING DATA LOSS OR CORRUPTION), ROBBERYREGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY CONTRACT OR OTHERWISE. HOWEVER, IF THIS EXCLUSION OF DAMAGES IS HELD TO BE UNENFORCEABLE FOR ANY REASON, SUCH THIRD-PARTY PUBLISHER’S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED AS DESCRIBED IN THE IMMEDIATELY PRECEDING SENTENCE. This Agreement shall be governed in its interpretation and enforcement by the laws of the District of Columbia, without regard to choice of law principles. This is the entire agreement between the parties about the subject matter of this Agreement. Any change to this Agreement must be in writing and agreed to by both parties. Comments about or suggested changes to the Licensed Product should be sent to: Publications Department, Air Transport Association (A4A), doing business as air carriers for America (A4A), 0000 Xxxxxxxxxxxx Xxxxxx, XX, Xxxxx 0000 Xxxxxxxxxx, XX 00000-0000 XXX Or xxxx@xxxxxxxx.xxx YOU ACKNOWLEDGE THAT USING THE SOFTWARE IN CONNECTION WITH A FIRE OR SECURITY SYSTEM DOES NOT GUARANTEE YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO IT, AND THAT YOU WILL HAVE THE AUTHORITY TO AGREE TO IT ON BEHALF OF YOUR COMPANY. IF YOU DO NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT AGREE TO BE BOUND BY THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USETERMS OF, AND A VARIETY BECOME PARTY TO THIS AGREEMENT, YOU CANNOT USE ANY PART OF THIRDTHIS DOCUMENT AND CANNOT SHARE IT WITH OR FORWARD IT TO ANY OTHER PERSON OR ENTITY. Read Before Using This Document v Additional Information v For Technical Information and Change Recommendations v Release History vi Revision (original) (January, 2014) vi 1-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.1. Background 3 1-2. Purpose and Implementation 3 2-1. Preliminary Assessment 5 2-1-1 Identification and Reporting of Maintenance Instruction Concern 5 2-1-2 Evaluation of a Maintenance Instruction Concern Report 6
Appears in 1 contract
Samples: Product License Agreement
Warranty Disclaimer. a. THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS,” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORYAND “AS AVAILABLE” BASIS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART USE OF THE SOFTWARE TO USERSERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONEYWELLTHE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, ON BEHALF WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERSMERCHANTABILITY, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEYWELL DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.
b. NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORTIS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE FORTIS, ITS CANADIAN BANKING PARTNER, ITS BANKS, ITS PROVIDERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMSCONTENT OF THE SERVICE IS ACCURATE, COMPUTERRELIABLE, OR HANDHELD DEVICESCORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE COMPROMISED, CIRCUMVENTED, CORRECTED; OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 SERVICE IS FREE OF VIRUSES OR OTHER EVENT AND IS NOT AN INSURANCE POLICYHARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, YOUR USE, AND A VARIETY OF THIRD-PARTIES AND TECHNOLOGIES OVER WHICH HONEYWELL HAS NO CONTROL AND FORTIS DOES NOT WARRANT, INCLUDINGENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR EXAMPLEANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, INTERNET SERVICE PROVIDER, SATELLITE PROVIDEROR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBILE DEVICE CARRIERFORTIS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ALL THIRD-PARTY HARDWARE AND OTHER PRODUCTS INCLUDED OR SOLD WITH THE SERVICE ARE PROVIDED SOLELY ACCORDING TO THE WARRANTY AND OTHER TERMS SPECIFIED BY THE MANUFACTURER, WHO IS SOLELY RESPONSIBLE FOR SERVICE AND SUPPORT FOR ITS PRODUCT. FOR SERVICE, SUPPORT, OR WARRANTY ASSISTANCE, YOU SHOULD CONTACT THE MANUFACTURER OR DISTRIBUTOR DIRECTLY. FORTIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD- PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Electronic Funds Transfer Services Terms and Conditions
Warranty Disclaimer. a. THE SOFTWARE IS ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT AND PACKAGE ZEN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY HONEYWELL OR ANY THIRD PARTY LAW. PACKAGE ZEN SHALL CREATE ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELLNOT BE LIABLE FOR DELAYS, ITS CUSTOMERSINTERRUPTIONS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE SOFTWARE TO USERINTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PACKAGE ZEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELLNEITHER PACKAGE ZEN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, ON BEHALF WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DOES NOT WARRANT THAT OR THAT: (A) THE SOFTWARE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTIONIN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR BE ERROR FREE.
b. WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) BE COMPATIBLE WITH ALL SYSTEMS, COMPUTER, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT BE COMPROMISED, CIRCUMVENTED, OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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.DATA;
Appears in 1 contract
Samples: Package Zen Customer Agreement
Warranty Disclaimer. a. THE SOFTWARE IS EXCEPT AS PROVIDED “AS IS,” WITHOUT IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, ANY WARRANTY AND ALL REPRESENTATIONS OR REPRESENTATIONS OF ANY KINDWARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONEYWELL WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES, OR ANY THIRD PARTY SHALL CREATE COMPONENTS OR PARTS THEREOF, AND/OR ANY WARRANTY OF ANY KIND. THIS INCLUDES WITHOUT LIMITATION ORAL OTHER TECHNOLOGY PRODUCT OR WRITTEN INFORMATION OR ADVICE SERVICE PROVIDED BY HONEYWELLNECP TO CLIENT HEREUNDER, ITS CUSTOMERSINCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR FITNESS FOR ANY PARTIES OPERATING CENTRAL STATIONSPARTICULAR PURPOSE DEFINED OR UNDEFINED. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, NETWORK OPERATIONS CENTERS (“NOCs”)COURSE OF PERFORMANCE, OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USERUSAGE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL NECP DOES NOT WARRANT THAT THE SOFTWARE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES WILL OPERATE WITHOUT INTERRUPTIONMEET CLIENTS NEEDS, OR BE ERROR FREE.
b. USABLE WITHOUT LIMITING THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR TECHNOLOGIES; OR THAT THE SOFTWARE WILL (i) ALL ERRORS CAN BE COMPATIBLE WITH ALL SYSTEMS, COMPUTERCORRECTED, OR HANDHELD DEVICESTHAT PROVISION OF THE IMPLEMENTATION SERVICES, (ii) PROVIDE ADEQUATE WARNINGSINCLUSIVE TECHNICAL SUPPORT, (iii) NOT BE COMPROMISEDADDITIONAL TECHNICAL SUPPORT, CIRCUMVENTEDCONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES AND OTHER SOFTWARE OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 SERVICES USED IN CONNECTION WITH A FIRE THEREWITH WILL BE UNINTERRUPTED OR SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE ABURGLARY, ROBBERY, FIRE OR OTHER EVENT ERROR-FREE. THE FOREGOING EXCEPTIONS ARE AN INTRINSIC AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE AVAILABILITY AND FUNCTIONALITY OF BASIS FOR DETERMINING THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERCHARGES.
Appears in 1 contract
Samples: Digital Banking Platform Operating Agreement (AppTech Corp.)
Warranty Disclaimer. a. THE SOFTWARE IS SERVICE AND THE DS DISCOVERED DATA ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY AND DIGITAL SHADOWS MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR REPRESENTATIONS OF ANY KINDCONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY. NO ORAL , INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE, OR WRITTEN INFORMATION FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR ADVICE GIVEN BY HONEYWELL INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART), THE DS DISCOVERED DATA , OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY OF ANY KINDOTHER PRODUCTS OR SERVICE PROVIDED TO USER OR YOUR COMPANY BY DIGITAL SHADOWS. THIS INCLUDES WITHOUT LIMITATION ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HONEYWELL, ITS CUSTOMERS, ANY PARTIES OPERATING CENTRAL STATIONS, NETWORK OPERATIONS CENTERS (“NOCs”), OR EMERGENCY CALL CENTERS (“ECCs”) OR ENTITIES LICENSING, INSTALLING, CONFIGURING, MAINTAINTING, OR SUPPLYING ALL OR PART OF THE SOFTWARE TO USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEYWELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE. HONEYWELL DIGITAL SHADOWS DOES NOT WARRANT THAT SEARCHES PERFORMED BY THE SOFTWARE SERVICE WILL OPERATE WITHOUT INTERRUPTIONREVEAL ANY OR ALL SECURITY THREATS, BRAND ABUSE, IMPERSONATIONS OR PREDICT ANY OR ALL ATTACKS, THAT THE DS DISCOVERED DATA WILL BE ACCURATE OR COMPLETE, OR THAT OPERATION OF THE SERVICE SHALL BE ERROR UNINTERRUPTED OR ERROR- FREE.
b. . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HONEYWELL PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL (i) DIGITAL SHADOWS DISCLAIMS ANY LIABILITY FOR, AND SHALL NOT BE COMPATIBLE WITH ALL SYSTEMSRESPONSIBLE IN ANY WAY REGARDING, COMPUTERANY THIRD-PARTY CONTENT, INFORMATION, MATERIALS, LINKS, FILES, OR HANDHELD DEVICES, (ii) PROVIDE ADEQUATE WARNINGS, (iii) NOT SEARCH RESULTS THAT MAY BE COMPROMISED, CIRCUMVENTED, ACCESSIBLE THROUGH THE SERVICE OR INTERRUPTED WHEN SENDING OR RECIVING INFORMATION OR SIGNALS TO OR FROM 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 EVENT AND IS NOT AN INSURANCE POLICY. YOU FURTHER ACKNOWLEDGE THAT THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE IS DEPENDENT ON YOUR CONFIGURATION, 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 CARRIERDS DISCOVERED DATA.
Appears in 1 contract
Samples: End User License Agreement (Eula)