Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.
Appears in 4 contracts
Samples: Service Terms and Conditions, Service Terms and Conditions, Service Terms and Conditions
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT, BLUIP AND BLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, BLUIP COMMUNICATIONS SERVICE, SOFTWARE, INITIAL SERVICE ITEMS, PROFESSIONAL SERVICES AND EQUIPMENT ARE PROVIDED “TO CUSTOMER ON AN "AS IS”, " ‘WHERE IS” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY AND ALL WARRANTIES, WHETHER EXPRESS, KIND EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING BUT NOT LIMITED TO THOSE RELATED TO ACCURACY, DURABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NONINFRINGEMENT THOSE ARISING FROM COURSE OF THIRD PARTY RIGHTSDEALING, INCLUDING INTELLECTUAL PROPERTY RIGHTSCUSTOM USAGE OF TRADE OR PRIOR DEALING. PANORAYS BLUIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY OF ITS AFFILIATESINFORMATION OR ADVICE GIVEN OR PROVIDED BY BLUIP, SUBCONTRACTORS AND AGENTS WILL OR BLUIP’S RELATED PARTIES, SHALL NOT BE LIABLE DEEMED TO CREATE OR RESPONSIBLE FOR: (a) IN ANY TECHNICAL PROBLEMS WAY, INCREASE THE SCOPE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKWARRANTIES SET FORTH HEREIN, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/THAT CUSTOMER SHALL NOT RELY ON ANY SUCH INFORMATION OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGADVICE.
Appears in 3 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Warranty Disclaimer. THE OUR EQUIPMENT AND SERVICES ARE PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OFANY KIND, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, ADVICE, ORINFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTHEIR RESPECTIVEEMPLOYEES, INCLUDING INTELLECTUAL PROPERTY RIGHTSCREATES A WARRANTY. PANORAYS YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS OR ANY OF ITS AFFILIATESWARRANTIES BY XXXXXX, SUBCONTRACTORS WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND AGENTS WARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL NOT BE LIABLE UNINTERRUPTED OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERROR FREE.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 9.1 ABOVE, THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS”” WITHOUT WARRANTY OF ANY KIND AND ELASTIC MAKES NO ADDITIONAL WARRANTIES, AND PANORAYS DISCLAIMSWHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SUPPORT SERVICES, ANY CLOUD SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE(S), THE SUPPORT SERVICES, THE DOCUMENTATION, AND ANY OTHER SERVICES OR NONINFRINGEMENT OF THIRD PARTY RIGHTSOTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS WITH RESPECT TO THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE FOREGOING. MSP AGREES THAT IT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH SOLELY RESPONSIBLE FOR THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY RESULTS OBTAINED IN CONNECTION WITH ANY ITS USE OF THE FOREGOINGSUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE AND ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR LIFE SUPPORT SYSTEMS.
Appears in 3 contracts
Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY THE CREDIT UNION AND ITS THIRD-PARTY LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TITLE, AND NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS AND SERVICE PROVIDERS WARRANT THAT THE ELECTRONIC SERVICES WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL MEET YOUR REQUIREMENTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL HARDWARE OR OTHER MATERIALS NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF PROVIDED BY THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); CREDIT UNION AND/OR (b) ITS LICENSORS AND SERVICE PROVIDERS. NEITHER THE CREDIT UNION NOR ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY ISSUE THAT IS ATTRIBUTABLE OBLIGATION TO YOUR HARDWARE MAINTAIN OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH SUPPORT THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE DIGITAL SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGEXCEPT AS EXPRESSLY PROVIDED HEREIN.
Appears in 3 contracts
Samples: Digital Banking Agreement, Digital Banking Agreement, Digital Banking Agreement
Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SERVICES ARE PROVIDED "AS IS" AND “AS ISAVAILABLE”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . NEITHER MAESTROQA NOR ANY AND ALL MAESTROQA PARTY MAKES ANY OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. MAESTROQA DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, FREE FROM VIRUS OR NONINFRINGEMENT OF THIRD PARTY RIGHTSOTHER MALICIOUS CODE OR ERROR-FREE, INCLUDING INTELLECTUAL PROPERTY RIGHTSNOR DOES MAESTROQA WARRANT THAT IT WILL REVIEW THE SUBSCRIBER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE SUBSCRIBER DATA WITHOUT LOSS OR CORRUPTION. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL MAESTROQA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR RESPONSIBLE FOR: (a) ANY TECHNICAL OTHER PROBLEMS INHERENT IN USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAESTROQA. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSHORTEST PERIOD PERMITTED BY LAW.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY STATED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, SOPHOS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHERWISEOTHER IMPLIED TERM AS TO MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NON-INFRINGEMENT OF THIRD THE SERVICE. SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICE THAT ARISE FROM CUSTOMER CONTENT, THIRD-PARTY RIGHTSSERVICES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU FOR ANY INTERCEPTION OR TO INTERRUPTION OF ANY THIRD PARTY IN CONNECTION WITH ANY OF COMMUNICATIONS THROUGH THE FOREGOINGINTERNET, NETWORKS, OR SYSTEMS OUTSIDE SOPHOS’S CONTROL.
Appears in 2 contracts
Samples: Sophos Services Agreement for Third Party Marketplace, Sophos Services Agreement for Third Party Marketplace
Warranty Disclaimer. THE SOFTWARE AND SERVICES ARE PROVIDED FOR END USER’S TEMPORARY EVALUATION “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED AND STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET END USER’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, INCLUDING INTELLECTUAL PROPERTY RIGHTSITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS COMPANY ASSUMES NO LIABILITY FOR END USER’S USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE SOFTWARE, AND END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICESAT END USER’S OWN RISK. PANORAYS COMPANY DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT CONTENT, REPORTS, INFORMATION, OR INFORMATION AVAILABLE THE RESULTS THAT END USER OBTAINS THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK(COLLECTIVELY, AND PANORAYS“REPORTS”), ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THAT THE FOREGOINGREPORTS ARE COMPLETE.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Warranty Disclaimer. THE SERVICES SERVICE AND CLIENT SOFTWARE ARE PROVIDED “ON AN "AS IS”" BASIS, AND PANORAYS DISCLAIMS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSITS EMPLOYEES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS DIRECTORS, CONTRACTORS, OR ANY OF ITS AFFILIATESAGENTS, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS USE OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE INABILITY TO YOUR HARDWARE OR USE THE CLIENT SOFTWARE OR YOUR INTERNET OR DATA SERVICESTHE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE SERVICES, INCLUDING WITHOUT LIMITATION MSA EXCEED THE REPORTS. YOUR AMOUNTS PAID BY YOU FOR ACCESS TO AND USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKSERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGYOU.
Appears in 2 contracts
Samples: Product Schedule, Product Schedule
Warranty Disclaimer. THE SERVICES ARE PROVIDED “ON AN "AS IS”, " AND PANORAYS DISCLAIMS"AS AVAILABLE" BASIS. COMPANY DOES NOT MAKE AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, ANY COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES, WHETHER GUARANTEES AND REPRESENTATIONS, EXPRESS,
(a) OF PERFORMANCE, IMPLIEDMERCHANTABILITY, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTIMELINESS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, WEBSITE OR DATA RELATED THERETO, OR 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 WITHOUT LIMITATION THE REPORTS. YOUR USE CUSTOMER INFORMATION, CANNOT BE DAMAGED OR DESTROYED BY FIRE OR WATER, AND
(d) OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGHIPAA COMPLIANCE.
Appears in 2 contracts
Samples: Document Imaging Services Agreement, Document Imaging Services Agreement
Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND “AS ISAVAILABLE”, WITH ALL FAULTS AND PANORAYS WITHOUT WARRANTY OF ANY KIND, AND WMATA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, CONTENT, AND ANY THIRD PARTY SERVICES MADE AVAILABLE VIA THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. WMATA DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THAT THE REPORTS. YOUR USE OF AND RELIANCE UPON FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED THROUGH THE SERVICES IS ENTIRELY AT WILL MEET YOUR SOLE DISCRETION AND RISKREQUIREMENTS, THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY THAT THE OPERATION OF THE FOREGOINGSERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WMATA WILL CREATE ANY SORT OF WARRANTY.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS IS”, ” AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE, OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYSMEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY THAT ANY ERRORS OR LIABILITY WHATSOEVER TO YOU DEFECTS CAN OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGWILL BE CORRECTED.
Appears in 2 contracts
Samples: License Agreement (Radar USA Inc.), License Agreement (Radar USA Inc.)
Warranty Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MMR MAKES NO REPRESENTATIONS OR WARRANTIES TO RESELLER OR CUSTOMERS WITH RESPECT TO THE SERVICES ARE PROVIDED “AS IS”MMRPRO SYSTEM AND ANY UPDATES, ENHANCEMENTS, NEW FEATURES, AND PANORAYS DISCLAIMSNEW VERSIONS THEREOF, DOCUMENTATION, HARDWARE, OR ANY SERVICES PROVIDED, OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. FURTHER, MMR CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. MMR CANNOT AND DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE MMRPRO SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MMRPRO SYSTEM WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGBYLAW.
Appears in 2 contracts
Samples: Value Added Reseller Agreement (MMRGlobal, Inc.), Value Added Reseller Agreement
Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS”, SERVICE AND PANORAYS DISCLAIMSCONTENT IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EBP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND CONTENT EITHER EXPRESS OR OTHERWISEIMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSACCURACY, INCLUDING INTELLECTUAL PROPERTY RIGHTSAND NONINFRINGEMENT. PANORAYS OR XXXX, AC Transit and EBP DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS SERVICE, THAT THE FUNCTIONS CONTAINED IN OR OUTAGES); AND/SERVICES PERFORMED OR (b) ANY ISSUE PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IS ATTRIBUTABLE TO THE SERVICE WILL BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKMOBILE DEVICE, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY THAT THE OPERATION OF THE FOREGOINGSERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EBP WILL CREATE ANY SORT OF WARRANTY.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE PLATFORM, DOCUMENTATION, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED BY KION “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY AND ALL WARRANTIESKIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISEARISING FROM ANY COURSE OF DEALING, INCLUDING, WITHOUT LIMITATION, ANY USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR NONINFRINGEMENT OF THIRD PARTY RIGHTSINTENDED RESULTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSOR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKFURTHERMORE, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF WITHOUT LIMITING THE FOREGOING, XXXX MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE PLATFORM OR DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE OF HARMFUL CODE OR UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
Appears in 2 contracts
Samples: End User License Agreement, Software License Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTIONS 9.1 AND 9.2 ABOVE, THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS”” WITHOUT WARRANTY OF ANY KIND AND ELASTIC MAKES NO ADDITIONAL WARRANTIES, AND PANORAYS DISCLAIMSWHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SUPPORT SERVICES, ANY CLOUD SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE(S), THE SUPPORT SERVICES, THE DOCUMENTATION, AND ANY OTHER SERVICES OR NONINFRINGEMENT OF THIRD PARTY RIGHTSOTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS WITH RESPECT TO THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE FOREGOING. MSP AGREES THAT IT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH SOLELY RESPONSIBLE FOR THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY RESULTS OBTAINED IN CONNECTION WITH ANY ITS USE OF THE FOREGOINGSUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE AND ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR LIFE SUPPORT SYSTEMS.
Appears in 2 contracts
Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS”” AND ON AN “AS AVAILABLE” BASIS. UPWORK MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, AND PANORAYS DISCLAIMSTHE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY UPWORK DISCLAIMS ALL EXPRESS AND ALL WARRANTIESIMPLIED CONDITIONS, WHETHER EXPRESSREPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, INCLUDING INTELLECTUAL PROPERTY RIGHTSAND NON- INFRINGEMENT. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL SOME JURISDICTIONS MAY NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS ALLOW FOR ALL OF THE INTERNET FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (bTERM AND TERMINATION) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF STATES USER’S SOLE AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR EXCLUSIVE REMEDY AGAINST UPWORK WITH RESPECT TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGDEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Appears in 2 contracts
Samples: User Agreement, User Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11(a) ABOVE, THE SERVICES ARE SERVICE (INCLUDING THE SIMILARITY REPORTS) IS PROVIDED “ON AN "AS IS”, " AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SECURE OR NONINFRINGEMENT ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF THIRD PARTY RIGHTSCERTAIN WARRANTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTSTURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. PANORAYS THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR ANY OF ITS AFFILIATESCONTROL THE INTERNET AND THAT: (I) VIRUSES, SUBCONTRACTORS WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND AGENTS WILL DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. TURNITIN SHALL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGFOR SUCH ACTIVITIES.
Appears in 2 contracts
Samples: Registration Agreement, Registration Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9, THE SERVICES ARE PROVIDED TO YOU “AS IS”, ” AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW. CUSTOMER, ANY ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND USERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SERVICES AND YOUR APPLICATION(S), WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS TO THE FOREGOING, Logtrade PROVIDES NO WARRANTY OR OUTAGES); AND/OR (b) UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY ISSUE KIND THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE THE SERVICES OR YOUR INTERNET APPLICATION(S) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/MEET ANY PERFORMANCE OR AGENTS SHALL HAVE NO RESPONSIBILITY RELIABILITY STANDARDS OR LIABILITY WHATSOEVER TO YOU BE ERROR FREE OR TO THAT ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Warranty Disclaimer. THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/MEET ANY PERFORMANCE OR AGENTS SHALL HAVE NO RESPONSIBILITY RELIABILITY STANDARDS OR LIABILITY WHATSOEVER TO YOU BE ERROR FREE OR TO THAT ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY STATED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, SOPHOS AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHERWISEOTHER IMPLIED TERM AS TO MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NON-INFRINGEMENT OF THE PRODUCT. SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCT: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE PRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, THIRD PARTY RIGHTSSERVICES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU FOR ANY INTERCEPTION OR TO INTERRUPTION OF ANY THIRD PARTY IN CONNECTION WITH ANY OF COMMUNICATIONS THROUGH THE FOREGOINGINTERNET, NETWORKS, OR SYSTEMS OUTSIDE SOPHOS’S CONTROL.
Appears in 2 contracts
Samples: End User Terms of Use, End User Terms of Use
Warranty Disclaimer. THE COMODO'S HACKERPROOF SERVICES ARE PROVIDED “TO YOU "AS IS”, AND PANORAYS DISCLAIMS, ." TO THE MAXIMUM EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, ANY COMODO, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY AT LAW, IN EQUITY, OR OTHERWISESTATUTORY, WITH RESPECT TO THE SERVICES OR ITS CHARACTERISTICS, QUALITY, PERFORMANCE OR VALUE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. COMODO MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, FORMS AND SERVICES CONTAINED ON OR ACCESSED VIA THIS WEBSITE OR OTHER HACKERPROOF SERVICES WILL (I) MEET YOUR REQUIREMENTS, (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS(III) FIND, INCLUDING INTELLECTUAL PROPERTY RIGHTSLOCATE, DISCOVER AND REPORT ALL POSSIBLE COMPUTER INSECURITIES AND VULNERABILITIES. PANORAYS OR ANY OF ITS AFFILIATESIN PARTICULAR, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS COMODO DOES NOT OFFER A WARRANTY WARRANT THAT THE HACKERPROOF SERVICES WILL CORRECT, FIX, REMEDY OR MAKE PREVENT ANY REPRESENTATION REGARDING DISCOVERED OR REPORTED INSECURITIES OR VULNERABILITIES, NOR DOES IT WARRANT THAT ANY CONTENT FIXES OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON REMEDIES RECOMMENDED BY THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF WILL DO THE FOREGOINGSAME.
Appears in 1 contract
Samples: Subscriber Agreement
Warranty Disclaimer. THE SITE AND SERVICES ARE PROVIDED FURNISHED BY SOFTLAYER “AS IS”” AND WITHOUT WARRANTIES OR CONDITIONS, AND PANORAYS DISCLAIMSSTATUTORY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ANY AND SOFTLAYER: (A) EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SOFTLAYER SERVICES WILL MEET RESELLER’S, CUSTOMERS’ OR CUSTOMER END USERS’ REQUIREMENTS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTHAT THEIR OPERATION WILL BE TIMELY, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY OF ITS AFFILIATES, SUBCONTRACTORS DEFECTS WILL BE CORRECTED; AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (aC) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY WARRANT OR MAKE ANY REPRESENTATION REPRESENTATIONS OR CONDITIONS REGARDING ANY CONTENT THE USE OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION RESULTS OF THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SOFTLAYER SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKIN TERMS OF THEIR ACCURACY, AND PANORAYSRELIABILITY, ITS AFFILIATESTIMELINESS, SUBCONTRACTORS AND/COMPLETENESS, OR AGENTS SHALL HAVE NO OTHERWISE. RESELLER ASSUMES TOTAL RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY FOR THE USE OF THE FOREGOINGSOFTLAYER SERVICES BY ITS CUSTOMERS AND CUSTOMER END USERS.
Appears in 1 contract
Samples: Reseller Agreement
Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SERVICES ARE PROVIDED "AS IS" AND “AS ISAVAILABLE”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, . NEITHER ADTRIB NOR ANY AND ALL ADTRIB PARTY MAKES ANY OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. ADTRIB DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, FREE FROM VIRUS OR NONINFRINGEMENT OF THIRD PARTY RIGHTSOTHER MALICIOUS CODE OR ERROR-FREE, INCLUDING INTELLECTUAL PROPERTY RIGHTSNOR DOES ADTRIB WARRANT THAT IT WILL REVIEW THE SUBSCRIBER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE SUBSCRIBER DATA WITHOUT LOSS OR CORRUPTION. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL ADTRIB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR RESPONSIBLE FOR: (a) ANY TECHNICAL OTHER PROBLEMS INHERENT IN USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ADTRIB. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSHORTEST PERIOD PERMITTED BY LAW.
Appears in 1 contract
Samples: Online Subscription Agreement
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS”” AND ON AN “AS AVAILABLE” BASIS. PINION MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, AND PANORAYS DISCLAIMSTHE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PINION DISCLAIMS ALL EXPRESS AND ALL WARRANTIESIMPLIED CONDITIONS, WHETHER EXPRESSREPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, INCLUDING INTELLECTUAL PROPERTY RIGHTSAND NON-INFRINGEMENT. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL SOME JURISDICTIONS MAY NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS ALLOW FOR ALL OF THE INTERNET FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (bAGREEMENT TERM AND TERMINATION) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF STATES USER’S SOLE AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR EXCLUSIVE REMEDY AGAINST PINION WITH RESPECT TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGDEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Appears in 1 contract
Samples: User Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY A NY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.
Appears in 1 contract
Samples: Service Terms and Conditions
Warranty Disclaimer. EXCEPT FOR THE SERVICES ARE LIMITED WARRANTY SET FORTH ABOVE, THE SERVICE IS PROVIDED “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WE MAKE NO OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NONINFRINGEMENT. WE DO NOT WARRANT THAT THE USE OF THIRD PARTY RIGHTSTHE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, INCLUDING INTELLECTUAL PROPERTY RIGHTSNOR DO WE WARRANT THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. PANORAYS MINITAB DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS OR ALL ERRORS OR REPORTED NON-CONFORMITIES IN THE SERVICE WILL BE CORRECTED. MINITAB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR RESPONSIBLE FOR: (a) ANY TECHNICAL OTHER PROBLEMS INHERENT IN USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS AND ELECTRONIC COMMUNICATIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE FOR ISSUES RELATED TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICESTHIRD PARTIES WITH WHOM YOU SEPARATELY CONTRACT. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE SERVICESDURATION OF STATUTORILY REQUIRED WARRANTIES, INCLUDING WITHOUT LIMITATION IF ANY, ARE LIMITED TO THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSHORTEST PERIOD PERMITTED BY LAW.
Appears in 1 contract
Samples: Subscription Agreement
Warranty Disclaimer. THE SOFTWARE PLATFORM, APPLICATION AND THE SOFTWARE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USE AND RELIANCE ON THE SOFTWARE PLATFORM, APPLICATION, AND THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, AT SUBSCRIBER’S OWN RISK. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT USE OF THE SOFTWARE PLATFORM OR ACCESS TO THE MAXIMUM EXTENT PERMITTED SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, OR FREE OF TECHNICAL PROBLEMS; THAT THE SOFTWARE SERVICES WILL MEET ALL OF SUBSCRIBER’S NEEDS; THAT THE DATA UPLOADED TO THE SOFTWARE PLATFORM WILL BE COMPLETELY SECURE FROM THIRD PARTIES AND WILL NEVER BE SUBJECT TO ANY LOSS; OR THAT ANY PARTICULAR BACKUP MADE BY APPLICABLE LAW, ANY AND THE COMPANY WILL BE VIABLE. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE PLATFORM AND THE SOFTWARE SERVICES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSOR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS COMPANY DOES NOT OFFER A WARRANTY WARRANT THAT ALL ERRORS, BUGS, OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT DEFECTS CAN OR INFORMATION AVAILABLE THROUGH WILL BE CORRECTED OR THAT THE SERVICESSOFTWARE PLATFORM OR SERVICES WILL OPERATE BUG-FREE, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKERROR-FREE, AND PANORAYSCONTINUOUSLY, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGUNINTERRUPTED.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”SERVICE IS MAYA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY 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. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. MAYA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND PANORAYS DISCLAIMS, OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAYA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR NEITHER XXXX NOR ANY OF ITS AFFILIATESTHIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE WARRANTY OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSERVICE.
Appears in 1 contract
Samples: Terms of Use
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”EXPRESSLY STATED IN THIS AGREEMENT, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND STA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SYSTEMS OR EQUIPMEN PROVIDED IN CONNECTION WITH THE SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT. IN ADDITON STA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQURMENTS, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTHAT THE SERVICES WILL BE TIMELY, INCLUDING INTELLECTUAL PROPERTY RIGHTSSECURE, UNINTERRUPTED, OR ERROR FREE; NOR DOES STA MAKE ANY REPRESENTATIONS OR WARRANTY AS TO THE RESULTS YOU MAY OBTAIN FROM THE SERVICES. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS CUSTOME’S USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); SERVICES AND ANY EQUIPMENT AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE DATA DOWNLOADED OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE OTHERWISE OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY DONE AT YOUR SOLE CUSTOMER’S OWN DISCRETION AND RISK, AND PANORAYS, . CUSTOMER WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO ITS AFFILIATES, SUBCONTRACTORS AND/COMPUTER SYSTEMS OR AGENTS SHALL HAVE NO RESPONSIBILITY LOSS OF DATA THAT RESULTS FOR THE DOWNLOAD OF SUCH MATERIAL OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY DATA IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION ORAL OR WRITTEN, THAT IS OBTAINED BY CUSTOMER FROM STA THROUGH THE SERVICES SHALL CREATE ANY OF THE FOREGOINGWARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Appears in 1 contract
Samples: Technical Support Services Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY STATED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, SOPHOS AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHERWISEOTHER IMPLIED TERM AS TO MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NON- INFRINGEMENT OF THE PRODUCT. SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCT: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE PRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, THIRD PARTY RIGHTSSERVICES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU FOR ANY INTERCEPTION OR TO INTERRUPTION OF ANY THIRD PARTY IN CONNECTION WITH ANY OF COMMUNICATIONS THROUGH THE FOREGOINGINTERNET, NETWORKS, OR SYSTEMS OUTSIDE SOPHOS’S CONTROL.
Appears in 1 contract
Samples: End User Terms of Use
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS”” AND ON AN “AS AVAILABLE” BASIS. SAGEGROUPY MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, AND PANORAYS DISCLAIMSTHE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY SAGEGROUPY DISCLAIMS ALL EXPRESS AND ALL WARRANTIESIMPLIED CONDITIONS, WHETHER EXPRESSREPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, INCLUDING INTELLECTUAL PROPERTY RIGHTSAND NON-INFRINGEMENT. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL SOME JURISDICTIONS MAY NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS ALLOW FOR ALL OF THE INTERNET FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (bTERM AND TERMINATION) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF STATES USER’S SOLE AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR EXCLUSIVE REMEDY AGAINST SAGEGROUPY WITH RESPECT TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGDEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Appears in 1 contract
Samples: User Agreement
Warranty Disclaimer. THE SERVICES SERVICE, IDH CONTENT AND RELATED INFORMATION ARE PROVIDED “AS IS”,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND PANORAYS DISCLAIMSEITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDH EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT. IDH MAKES NO WARRANTY THAT THE SERVICE, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS SERVICE, THE IDH SITE, OR ANY OF ITS AFFILIATESTHE IDH CONTENT WILL (1) MEET YOUR REQUIREMENTS, SUBCONTRACTORS AND AGENTS WILL NOT (2) BE LIABLE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/ERROR-FREE BASIS, OR (b3) NOT CAUSE ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE LATENCY OR SOFTWARE PROCESSING DELAYS. IDH MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR YOUR INTERNET RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE SERVICE, THE IDH SITE, OR DATA SERVICESTHE IDH CONTENT. PANORAYS DOES NOT OFFER A NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH NOT EXPRESSLY MADE HEREIN. THE SERVICES, INCLUDING WITHOUT LIMITATION FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING IDH TO OFFER THE REPORTSSERVICE AND THE SERVICE TO ADVERTISER. YOUR USE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU OR TO ANY THIRD PARTY ADVERTISER IN CONNECTION WITH ANY OF THE FOREGOINGFULL.
Appears in 1 contract
Samples: Terms and Conditions
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANK DISCLAIMS ALL WARRANTIES OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEWITH RESPECT TO THE SERV ICE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE , OR NONINFRINGEMENT NONINFRINGEMENT. BANNER BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS INFORMATION OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS DATA THAT YOU OBTAIN THROUGH THE USE OF THE INTERNET (INCLUDING SERVICE, THAT THE SERVICE WILL OPERATE WITHOUT LIMITATION SLOW INTERNET CONNECTIONS ERRORS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICESTHE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES . PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON THE SERVICES SERVICE IS ENTIRELY AT YOUR SOLE DISCRETION RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND RISK"AS AVAILABLE" BASIS. BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR WHETHER DUE TO ANY THIRD PARTY COMPUTER VIRUS OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH ANY OF THE FOREGOINGSERIVCE) SHALL BE FOR THE BANK TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE SERVICE.
Appears in 1 contract
Warranty Disclaimer. I ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES BY ME AND THOSE INDIVIDUALS WHO ACCESS THE SERVICES THROUGH MY ACCOUNT. I UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS AND THAT THE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF DEGRADATION OR ERROR. I ALSO ACKNOWLEDGE THAT THE PROVIDER DOES NOT WARRANT THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS AVAILABLE ON THE INTERNET AND PANORAYS DISCLAIMSACCESSIBLE VIA THE PROVIDER ARE FREE OF VIRUSES, TO WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. I UNDERSTAND AND AGREE THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY REPRESENTATIONS OR OTHERWISEENDORSEMENTS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH THE PROVIDER OR OTHERWISE. I ACKNOWLEDGE THAT NO ADVICE OR INFORMATION AVAILABLE THROUGH GIVEN BY THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYSPROVIDER, ITS AFFILIATESEMPLOYEES, SUBCONTRACTORS AND/AGENTS, AFFILIATES OR AGENTS CONTRACTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO CREATE ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSUCH WARRANTY.
Appears in 1 contract
Samples: Universal Service Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE SERVICES (INCLUDING THE REPORTS) ARE PROVIDED “ON AN "AS IS”, " AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, SECURE OR NONINFRINGEMENT ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF THIRD PARTY RIGHTSCERTAIN WARRANTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTSTURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY COMMONWEALTH OF VIRGINIA LAW. PANORAYS THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR ANY OF ITS AFFILIATESCONTROL THE INTERNET AND THAT: (I) VIRUSES, SUBCONTRACTORS WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND AGENTS WILL DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. TURNITIN SHALL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGFOR SUCH ACTIVITIES.
Appears in 1 contract
Samples: Standard Contract
Warranty Disclaimer. THE SERVICES ARE EXCEPT AS PROVIDED “AS IS”IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND PANORAYS NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY ORAL OR OTHERWISEWRITTEN, INCLUDINGWITH RESPECT TO THE IMPLEMENTATION SERVICES, WITHOUT LIMITATIONINCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, Processing Services and Digital Banking Technologies, OR ANY IMPLIED COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE DEFINED OR UNDEFINED. NOR ARE THERE ANY WARRANTIES CREATED BY A PARTICULAR PURPOSECOURSE OF DEALING, COURSE OF PERFORMANCE, OR NONINFRINGEMENT OF USAGE. NECP DOES NOT WARRANT THAT the Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies WILL MEET CLIENTS NEEDS, OR BE USABLE WITHOUT THE NEED TO OBTAIN LICENSES FROM THIRD PARTY RIGHTSPARTIES FOR PROPRIETARY PROCESSES OR Technologies; OR THAT ALL ERRORS CAN BE CORRECTED, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS THAT Provision OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies AND OTHER SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY or services USED IN CONNECTION WITH ANY THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE FOREGOING.BASIS FOR DETERMINING THE CHARGES. CLIENT: _______ NECP: _______ 16 of 27
Appears in 1 contract
Samples: Digital Banking Platform Operating Agreement (AppTech Corp.)
Warranty Disclaimer. (a) THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY SEER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANTI- VIRUS, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A THE FOREGOING, SEER PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE, OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYSMEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY THAT ANY ERRORS OR LIABILITY WHATSOEVER TO YOU DEFECTS CAN OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGWILL BE CORRECTED.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SERVICES PROGRAM AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS IS”, ” AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY WEB ACTIVE DIRECTORY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE PROGRAM AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A THE FOREGOING, WEB ACTIVE DIRECTORY PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE PROGRAM WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE, OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYSMEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY THAT ANY ERRORS OR LIABILITY WHATSOEVER TO YOU DEFECTS CAN OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGWILL BE CORRECTED.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER SUPERBLOOM, NOR ANY AND ALL OF OUR OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "SUPERBLOOM PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE WEBSITE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE SUPERBLOOM PARTIES DO NOT WARRANT THAT THE WEBSITE OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, INCLUDINGUNINTERRUPTED, WITHOUT LIMITATIONTIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE SUPERBLOOM PARTIES DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSATISFACTORY QUALITY.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. THE ALL SERVICES AND EXIGER MATERIALS ARE PROVIDED “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND EXIGER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEOTHER, INCLUDING, WITHOUT LIMITATION, ANY AND EXIGER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR NONINFRINGEMENT TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, EXIGER MAKES NO WARRANTY OF THIRD PARTY RIGHTSANY KIND THAT THE SERVICES OR EXIGER MATERIALS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE PRODUCTS OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS RESULTS OF THE INTERNET (INCLUDING USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT LIMITATION SLOW INTERNET CONNECTIONS INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR OUTAGES); AND/WORK WITH ANY SOFTWARE, SYSTEM OR (b) OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. CUSTOMER ACCEPTS FULL RESPONSIBILITY AND RISK FOR ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF ANY EXIGER MATERIALS AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKCUSTOMER DATA, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY DECISIONS MADE BY CUSTOMER IN CONNECTION WITH ANY OF THE FOREGOINGRELIANCE THEREON.
Appears in 1 contract
Samples: Master Services and Software as a Service Agreement
Warranty Disclaimer. THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES AND SERVICES PROVIDED BY CEDARS-SINAI IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY WITHOUT EXPRESS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND THE PARTIES MAKE NO WARRANTY OR NONINFRINGEMENT REPRESENTATION THAT THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES OR SERVICES DO NOT OR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTY RIGHTSPARTIES. SUCH ARE ALL PROVIDED TO MEMBERS “AS IS”. CEDARS-SINAI SHALL BEAR NO LIABILITY FOR ANY CLAIM, ACTION, DAMAGE OR INJURY ON ACCOUNT OF MEMBER’S USE OF THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES AND SERVICES. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, RESEARCHERS, EMPLOYEES, STUDENTS, AGENTS AND AFFILIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING INTELLECTUAL ECONOMIC DAMAGES OR INJURY TO PERSONS OR PROPERTY RIGHTS. PANORAYS AND LOST PROFITS, REGARDLESS OF WHETHER THAT PARTY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS IN FACT SHALL KNOW OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY POSSIBILITY OF THE FOREGOING. THIS SECTION SHALL SURVIVE THE EXPIRATION OR ANY EARLIER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Membership Agreement
Warranty Disclaimer. EXCEPT FOR THE SERVICES ARE PROVIDED “AS IS”EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND 12.2, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY DYNATRACE PRODUCT OR NONINFRINGEMENT OF THIRD PARTY RIGHTSDELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS SOFTWARE, SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL NOT BE LIABLE MEET CUSTOMER’S REQUIREMENTS OR RESPONSIBLE FOR: EXPECTATIONS; (aC) ANY TECHNICAL STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE OFFERINGS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY STATED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, SOPHOS AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHERWISEOTHER IMPLIED TERM AS TO MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NON- INFRINGEMENT OF THE PRODUCT. SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCT: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAILSAFE, OR FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; OR (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE PRODUCT THAT MAY ARISE FROM CUSTOMER CONTENT, THIRD PARTY RIGHTSSERVICES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU FOR ANY INTERCEPTION OR TO INTERRUPTION OF ANY THIRD PARTY IN CONNECTION WITH ANY OF COMMUNICATIONS THROUGH THE FOREGOINGINTERNET, NETWORKS, OR SYSTEMS OUTSIDE SOPHOS’S CONTROL.
Appears in 1 contract
Samples: End User Terms of Use
Warranty Disclaimer. 14.1. YOUR USE OF THE SERVICES AND THE COMPANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE COMPANY CONTENT ARE PROVIDED “AS IS”” AND “AS AVAILABLE.” COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND PANORAYS DISCLAIMSINCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE SERVICES;
(b) THE COMPANY CONTENT; (c) INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING.
14.2. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISERELATING TO THE SERVICES AND COMPANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, .
14.3. COMPANY HAS NO RESPONSIBILITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY TECHNICAL PROBLEMS OF USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES)SERVICES; AND/OR (b) ANY ISSUE VIRUSES THAT IS ATTRIBUTABLE TO MAY INFECT YOUR HARDWARE COMPUTER EQUIPMENT OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION AVAILABLE THROUGH ON THE SERVICESWEBSITE PROVIDED BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY. THE SERVICES MAY CONTAIN FACTS, INCLUDING WITHOUT LIMITATION THE REPORTSVIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES OR OTHER USERS. YOUR USE OF AND ANY RELIANCE UPON THE SERVICES ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.
Appears in 1 contract
Samples: Website Terms of Use Agreement
Warranty Disclaimer. ANY USE BY YOU OF THE SERVICES ARE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORNOVA DISCLAIMS ALL OTHER WARRANTIES OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, SECURITY, AND NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RESULTS IN RESPECT OF THE SERVICES, CONTENT, WORK PRODUCT THEREOF AND ANY INFORMATION AGGREGATED BY THE SERVICE. FORNOVA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTHAT THE SERVICE WILL OPERATE ERROR FREE, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); DELAY AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS IN AN UNINTERRUPTED AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY TIMELY FASHION, AND/OR LIABILITY WHATSOEVER TO YOU THAT ANY DEFECTS OR TO ANY THIRD PARTY ERRORS IN CONNECTION THE SERVICE WILL BE CORRECTED, OR THAT THE SERIVCE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM AND/OR SECURED FROM UNAUTHORIZED ACCESS. FORNOVA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SERVICE. NO FORNOVA DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF THE FOREGOINGIMPLIED WARRANTIES.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE WEATHERGRAM AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL SOFTWARE AND SERVICES ARE PROVIDED “AS IS”(INCLUDING ADDITIONAL SERVICE, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IF ANY) AND ALL WARRANTIESTHIRD PARTY PRODUCTS AND SERVICES SUBSCRIBER OR END USERS MAY UTILIZE IN CONNECTION WITH THE SOFTWARE OR SERVICES (INCLUDING ADDITIONAL SERVICE, IF ANY), WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF NONINFRINGEMENT. IN PARTICULAR, WEATHERGRAM DOES NOT REPRESENT THAT THE SOFTWARE OR SERVICES (INCLUDING ADDITIONAL SERVICE, IF ANY) ARE ERROR FREE, WILL OPERATE IN AN UNINTERRUPTED MANNER, ARE COMPLETELY SECURE, OR WILL INTEROPERATE WITH OTHER THIRD PARTY RIGHTSSOFTWARE OR SERVICES. ALL HOSTED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE OR TERMINATION AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. THE PROVISION OF THE HOSTED SERVICES BY WEATHERGRAM MAY BE SUBJECT TO LIMITATIONS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATESDELAYS, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS AND ELECTRONIC COMMUNICATIONS. WEATHERGRAM SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGOTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Appears in 1 contract
Warranty Disclaimer. THE SERVICES INSIGHT POS SYSTEM AND ANY PRODUCT OR SERVICE SOLD USING THE INSIGHT POS SYSTEM ARE PROVIDED “"AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ," WITHOUT ANY AND ALL WARRANTIES, WARRANTIES OF ANY KIND WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEBASED ON STATUTE, INCLUDING, WITHOUT LIMITATION, TORT OR ANY OTHER THEORY OF LAW. INSIGHT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MP ACKNOWLEDGES AND AGREES THAT INSIGHT MAKES NO REPRESENTATIONS AS TO THE REASONABLENESS, INCLUDING INTELLECTUAL PROPERTY RIGHTSAPPROPRIATENESS, QUALITY OR FUNCTIONALITY OF PRODUCTS OR SERVICES PROVIDED BY INSIGHT THROUGH THE INSIGHT POS SYSTEM. PANORAYS ANY PRODUCT OR SERVICE PROVIDED BY INSIGHT TO MP OR ANY PARTY AFFILIATED WITH DISTRIBUTION IS ON AN "AS IS" BASIS AND SUBJECT TO THE TERMS AND CONDITIONS IMPOSED BY SUCH PRODUCT'S RESPECTIVE CARRIER OR PROVIDER AS WELL AS THE ABILITY OF ITS AFFILIATESSUCH CARRIER OR PROVIDER TO FULFILL SUCH TERMS AND CONDITIONS. IN NO EVENT SHALL INSIGHT BE HELD LIABLE FOR THE QUALITY, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE THE TERMS OR RESPONSIBLE FOR: (a) CONDITIONS, OR THE FAILURE OF ANY TECHNICAL PROBLEMS CARRIER OR PROVIDER TO FULFILL THE OBLIGATIONS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS ANY PRODUCT OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE SERVICE SUPPLIED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGINSIGHT POS SYSTEM.
Appears in 1 contract
Samples: Market Partner Agreement (Next Group Holdings, Inc.)
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS”. NEITHER MADEFIRE, AND PANORAYS DISCLAIMSITS THIRD PARTY PROVIDERS, TO NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, THE SERVICES, OR ANY AND MADEFIRE PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MADEFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OR USE, AND NON-INFRINGEMENT. MADEFIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR NONINFRINGEMENT THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY RIGHTSWEBSITES. THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS TERMINATION OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS CANCELLATION OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); SERVICES AND/OR (b) THIS AGREEMENT OR ANY ISSUE DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS ATTRIBUTABLE TO YOUR HARDWARE VOID OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGVOIDABLE.
Appears in 1 contract
Samples: Terms of Use
Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, KALTURA WEBSITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KALTURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. XXXXXXX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL WARRANTIESPERSONAL INFORMATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); FINANCIAL INFORMATION AND/OR ANY OTHER DATA STORED THEREIN, (bIV) ANY ISSUE THAT IS ATTRIBUTABLE INTERRUPTION OR CESSATION OF TRANSMISSION TO YOUR HARDWARE OR SOFTWARE FROM OUR WEBSITE OR YOUR INTERNET SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY THE LIKE WHICH MAY BE TRANSMITTED TO OR MAKE THROUGH OUR WEBSITE OR SERVICE BY ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICESTHIRD PARTY, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.OR
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. NuID WARRANTS THAT THE SERVICES ARE PROVIDED “AS IS”WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE SPECIFICATIONS AND DOCUMENTATION. NuID DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT NuID WILL CORRECT ALL SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT NuID DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND PANORAYS DISCLAIMSTHAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NuID (EXPRESS OR IMPLIED) WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUBJECT MATTER OF THIS AGREEMENT. NEITHER NuID NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, ANY AND ALL WARRANTIESVIRUS-FREE OR ERROR-FREE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS IS FIT FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS NOR SHALL NuID OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR RESPONSIBLE FOR: (a) DESTRUCTION OF CUSTOMER’S OR ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS CUSTOMER CLIENT’S DATA, FILES, OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGPROGRAMS.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. YOU AGREE YOUR USE OF THE SERVICES AND RELATED DOCUMENTATION ARE AT YOUR RISK AND IS PROVIDED “"AS IS”." WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY CONCERNING THE HARDWARE, THE SOFTWARE, OR OTHERWISEANY PART THEREOF, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, INCLUDING INTELLECTUAL PROPERTY RIGHTSCORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS YOU HEREBY ASSUME ALL OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS FOREGOING RISKS. YOU AGREE THAT NO ORAL OR OUTAGES); AND/WRITTEN ADVICE OR (b) REPRESENTATION OBTAINED FROM ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE BANK EMPLOYEE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER REPRESENTATIVE SHALL CREATE A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT FOR PURPOSES OF THIS SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGSERVICE.
Appears in 1 contract
Warranty Disclaimer. THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY PBN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A PBN PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/MEET ANY PERFORMANCE OR AGENTS SHALL HAVE NO RESPONSIBILITY RELIABILITY STANDARDS OR LIABILITY WHATSOEVER TO YOU BE ERROR FREE OR TO THAT ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY MYHRCOUNSEL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A MYHRCOUNSEL PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/MEET ANY PERFORMANCE OR AGENTS SHALL HAVE NO RESPONSIBILITY RELIABILITY STANDARDS OR LIABILITY WHATSOEVER TO YOU BE ERROR FREE OR TO THAT ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. THE SERVICES SERVICE AND CLIENT SOFTWARE ARE PROVIDED “ON AN "AS IS”" BASIS, AND PANORAYS DISCLAIMS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND INTERMEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSITS EMPLOYEES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS DIRECTORS, CONTRACTORS, OR ANY OF ITS AFFILIATESAGENTS, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS USE OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE INABILITY TO YOUR HARDWARE OR USE THE CLIENT SOFTWARE OR YOUR INTERNET OR DATA SERVICESTHE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE SERVICES, INCLUDING WITHOUT LIMITATION MSA EXCEED THE REPORTS. YOUR AMOUNTS PAID BY YOU FOR ACCESS TO AND USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKSERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGYOU.
Appears in 1 contract
Samples: Product Schedule
Warranty Disclaimer. DOTAMSTERDAM BV, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIESHEREUNDER, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSPURPOSE AND NON-INFRINGEMENT. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE ALL UNDISCLOSED WHOIS SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTSARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF THESE SERVICES AND RELIANCE UPON THE SERVICES IS ITS WEB SITE ARE ENTIRELY AT YOUR SOLE DISCRETION RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS THE REMAINDER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER BE ENFORCED TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGGREATEST EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: Undisclosed Whois Service Agreement
Warranty Disclaimer. Section 9 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS”” AND ON AN “AS AVAILABLE” BASIS. DWELL AT HOME MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, AND PANORAYS DISCLAIMSTHE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DWELL AT HOME DISCLAIMS ALL EXPRESS AND ALL WARRANTIESIMPLIED CONDITIONS, WHETHER EXPRESSREPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, INCLUDING INTELLECTUAL PROPERTY RIGHTSAND NON-INFRINGEMENT. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL SOME JURISDICTIONS MAY NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS ALLOW FOR ALL OF THE INTERNET FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (bTERM AND TERMINATION) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF STATES USER’S SOLE AND RELIANCE UPON THE SERVICES IS ENTIRELY EXCLUSIVE REMEDY AGAINST DWELL AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR HOME WITH RESPECT TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGDEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE, RELATED SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, ANY FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, WHETHER EXPRESSBE THEY EXPRESS OR IMPLIED BY LAW, IMPLIEDSTATUTE, STATUTORY COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, INCLUDING, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON-INTERRUPTION OF USE OR FREEDOM FROM ERRORS, VIRUSES OR NONINFRINGEMENT BUGS. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF LICENSOR CONCERNING THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET DOCUMENTATION. TO THE EXTENT AN IMPLIED TERM, CONDITION OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY CANNOT BE EXCLUDED OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGWARRANTY PERIOD.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “ON AN "AS IS”, " AND PANORAYS DISCLAIMS"AS AVAILABLE" BASIS. THE COMPANY DOES NOT MAKE AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, ANY COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES, WHETHER GUARANTEES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED ALL WARRANTIES OF MERCHANTABILITY OR PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSACCURACY, INCLUDING INTELLECTUAL PROPERTY RIGHTSOMISSIONS, COMPLETENESS, AND DELAYS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS COMPANY DOES NOT OFFER A WARRANTY WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH REPRESENT THAT THE SERVICES, CUSTOMER INFORMATION OR COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS WILL BE SECURE, COMPLETE, ACCURATE, BUG OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CUSTOMER INFORMATION, OR COMPANY’S SYSTEMS, HARDWARE, SOFTWARE, DATA OR NETWORKS ARE FREE OF VIRUSES, MALICIOUS CODE, BUGS OR OTHER HARMFUL COMPONENTS, THAT THE COMPANY’S BUILDINGS ARE FIREPROOF, OR THAT THE CONTENTS OF SAID BUILDINGS, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKCUSTOMER INFORMATION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGCANNOT BE DESTROYED BY FIRE.
Appears in 1 contract
Samples: Document Imaging Services Agreement
Warranty Disclaimer. You should regularly back up Your queries and Your Data while using the Service. NEO4J PROVIDES THE SERVICE ON AN "AS IS" BASIS. NEO4J DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE OR UPTIME OF THE SERVICE, OR THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS”WILL BE SECURE, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIESUNINTERRUPTED OR ERROR FREE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NEO4J EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEO4J HAS NO RESPONSIBILITY FOR LOSS OF QUERIES OR DATA OR INABILITY TO USE THE SERVICE FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR NONINFRINGEMENT OMISSIONS OF ITS THIRD PARTY RIGHTSHOSTING PROVIDERS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR NEO4J DISCLAIMS ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS ALL LIABILITY THAT MAY ARISE FROM YOUR DATA AND THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS SERVICE TO COLLECT MANAGE, STORE OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGPROCESS PROHIBITED INFORMATION.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. THE SERVICES PRODUCTS ARE PROVIDED “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED WITHOUT WARRANTY OF ANY KIND BY APPLICABLE LAW, ANY AND AMPLIFY. AMPLIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING ANY WARRANTY AS TO TITLE, INCLUDINGNON-INFRINGEMENT, WITHOUT LIMITATIONMERCHANTABILITY, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR THE ACCESS AND USE OF THE PRODUCTS, INCLUDING THE RESULTS OBTAINED FROM THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, AMPLIFY MAKES NO WARRANTY THAT THE PRODUCTS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR WILL MEET CUSTOMER’S REQUIREMENTS. AMPLIFY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY THIRD-PARTY CONTENT OR SOFTWARE INCLUDED IN PRODUCTS, INCLUDING THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR NONINFRINGEMENT SAFETY OF, OR IP RIGHTS RELATING TO, SUCH THIRD-PARTY CONTENT AND SOFTWARE. ANY ACCESS TO OR USE OF SUCH THIRD-PARTY CONTENT AND SOFTWARE MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND INFORMATION COLLECTION, USAGE, AND DISCLOSURE PRACTICES OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGPARTIES.
Appears in 1 contract
Samples: Vendor Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE PLATFORM, DOCUMENTATION, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED BY KION “AS IS”, ” AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY AND ALL WARRANTIESKIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISEARISING FROM ANY COURSE OF DEALING, INCLUDING, WITHOUT LIMITATION, ANY USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR NONINFRINGEMENT OF THIRD PARTY RIGHTSINTENDED RESULTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSOR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKFURTHERMORE, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF WITHOUT LIMITING THE FOREGOING, KION MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE PLATFORM OR DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE OF HARMFUL CODE OR UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE PARTIES UNDERSTAND AND AGREE THAT THE SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “"AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, " WITHOUT WARRANTY OF ANY AND ALL WARRANTIESKIND, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. CANOPY MAKES COMMERCIALLY REASONABLE EFFORTS TO TRY TO KEEP THE SERVICE UP AND RUNNING, AND SAFE, BUT CUSTOMER USES IT AT CUSTOMER’S OWN RISK. CANOPY PROVIDES THE SERVICE WITHOUT ANY REPRESENTATION OR NONINFRINGEMENT GUARANTY THAT THE SERVICE WILL BE SAFE OR SECURE. CANOPY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTY RIGHTSPARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF AND CUSTOMER RELEASES CANOPY, ITS AFFILIATESDIRECTORS, SUBCONTRACTORS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RESPONSIBLE FOR: (a) IN ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WAY CONNECTED WITH ANY OF THE FOREGOINGSUCH CLAIM THAT INVOLVES THIRD PARTIES.
Appears in 1 contract
Samples: Subscription and License Agreement
Warranty Disclaimer. THE SERVICES SOFTWARE AND DOCUMENTATION ARE PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY XXXXXXX'X, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A XXXXXXX'X PROVIDES NO WARRANTY OR MAKE UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY REPRESENTATION REGARDING KIND THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CONTENT INTENDED RESULTS, BE COMPATIBLE OR INFORMATION AVAILABLE THROUGH THE WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, INCLUDING OPERATE WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKINTERRUPTION, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/MEET ANY PERFORMANCE OR AGENTS SHALL HAVE NO RESPONSIBILITY RELIABILITY STANDARDS OR LIABILITY WHATSOEVER TO YOU BE ERROR FREE OR TO THAT ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Appears in 1 contract
Samples: Software End User License Agreement
Warranty Disclaimer. THE SERVICES ARE RIDE REPORT DATA IS PROVIDED “TO LICENSEE "AS IS”, " AND PANORAYS DISCLAIMS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ANY RIDE REPORT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE RIDE REPORT DATA, WITHOUT LIMITATION, ANY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTSTRADE PRACTICE. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS TO THE FOREGOING, RIDE REPORT PROVIDES NO WARRANTY OR OUTAGES); AND/UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RIDE REPORT DATA WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE ERROR FREE, OR (b) THAT ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE ERRORS OR SOFTWARE DEFECTS CAN OR YOUR INTERNET OR DATA SERVICESWILL BE CORRECTED. PANORAYS RIDE REPORT DOES NOT OFFER A SEEK TO LIMIT LICENSEE’S WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR RIGHTS TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGEXTENT NOT PERMITTED BY LAW.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SERVICES SERVICE AND CLIENT SOFTWARE ARE PROVIDED “ON AN "AS IS”" BASIS, AND PANORAYS DISCLAIMS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND INTERMEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR NONINFRINGEMENT OF THIRD PARTY RIGHTSITS EMPLOYEES, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS DIRECTORS, CONTRACTORS, OR ANY OF ITS AFFILIATESAGENTS, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS USE OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE INABILITY TO YOUR HARDWARE OR USE THE CLIENT SOFTWARE OR YOUR INTERNET OR DATA SERVICESTHE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE SERVICES, INCLUDING WITHOUT LIMITATION MSA EXCEED THE REPORTS. YOUR AMOUNTS PAID BY YOU ACCESS TO AND USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKSERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGYOU.
Appears in 1 contract
Samples: Product Schedule
Warranty Disclaimer. THE SERVICES WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS”” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Equity Resources, LLC and Parc Residential Properties MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND PANORAYS DISCLAIMSSERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. Equity Resources, LLC and Parc Residential Properties DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Equity Resources, LLC and Parc Residential Properties DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. Equity Resources, LLC and Parc Residential Properties MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.
Appears in 1 contract
Samples: Website Usage Agreement
Warranty Disclaimer. TO THE SERVICES FULLEST EXTENT PERMISSIBLE BY LAW, THE PROGRAM AND DOCUMENTATION ARE PROVIDED “AS IS”WITHOUT ANY REPRESENTATIONS OR WARRANTIES, AND PANORAYS DISCLAIMSYOU AGREE TO USE THEM AT YOUR SOLE RISK. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION IMPLIED OR IMPOSED BY LEGISLATION WHICH CANNOT BE LAWFULLY BE EXCLUDED OR LIMITED (EACH A "NON EXCLUDABLE PROVISION"). SUCH LEGISLATION INCLUDES THE AUSTRALIAN CONSUMER LAW WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS OR SERVICES IN CERTAIN CIRCUMSTANCES. SUBJECT TO Panasonic'S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, Panasonic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ALL WARRANTIESDOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISEARISING OUT OF COURSE OF PERFORMANCE, INCLUDINGCOURSE OF DEALING OR USAGE OF TRADE, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGNON-INFRINGEMENT.
Appears in 1 contract
Samples: Software End User License Agreement
Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED ” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND ALL WARRANTIESEXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, WHETHER EXPRESSTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY CONCERNING THE HARDWARE, THE SOFTWARE, OR OTHERWISEANY PART THEREOF, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT REPRESENTATION REGARDING THE RESULTS THAT MAY BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OBTAINED FROM THE USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS SERVICES, THE ACCURACY OR OUTAGES); AND/OR (b) RELIABILITY OF ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON OR THAT THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISKWILL MEET ANY USER'’S REQUIREMENTS, AND PANORAYSBE UNINTERRUPTED, ITS AFFILIATESTIMELY, SUBCONTRACTORS AND/SECURE OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGERROR FREE.
Appears in 1 contract
Samples: Electronic Banking Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”, AND PANORAYS DISCLAIMSEXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY THE CREDIT UNION AND ITS THIRD-PARTY LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TITLE, AND NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS AND SERVICE PROVIDERS WARRANT THAT THE ELECTRONIC SERVICES WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL MEET YOUR REQUIREMENTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL HARDWARE OR OTHER MATERIALS NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF PROVIDED BY THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); CREDIT UNION AND/OR (b) ITS LICENSORS AND SERVICE PROVIDERS. NEITHER THE CREDIT UNION NOR ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY ISSUE THAT IS ATTRIBUTABLE OBLIGATION TO YOUR HARDWARE MAINTAIN OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH SUPPORT THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE ELECTRONIC SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGEXCEPT AS EXPRESSLY PROVIDED HEREIN.
Appears in 1 contract
Samples: Online and Mobile Banking Agreement
Warranty Disclaimer. THE SERVICES ARE PROVIDED “EXCEPT AS IS”EXPRESSLY STATED IN THIS AGREEMENT, @ROAD, DISCLAIMS ALL WARRANTIES AND PANORAYS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIESREPRESENTATIONS, WHETHER EXPRESS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES FOR:
(a) MERCHANTABILITY OR APPLICABILITY FOR A PARTICULAR PURPOSE;
(b) ANY SOFTWARE SECURITY FEATURES RELATING TO SECURITY OF THE END USER'S LINKS TO THE SYSTEM AND INCLUDED IN THE APPLICATION SOFTWARE WHICH SECURITY FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. @ROAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), AS TO ANY SUCH SECURITY FEATURES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE;
(c) LAPSES OF SERVICE ARISING FROM CAUSES BEYOND THE DIRECT CONTROL OF @ROAD, INCLUDING, WITHOUT LIMITATION, DEFECTS IN PRODUCTS OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS SERVICES PROVIDED TO @ROAD OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO BUYER BY ANY THIRD PARTY VENDORS NOT UNDER CONTRACT WITH @ROAD;
(e) LAPSES IN CONNECTION SERVICE CAUSED BY EQUIPMENT ON BUYER'S PREMISES WHICH IS NOT PROVIDED OR MAINTAINED BY @ROAD OR ITS AGENTS; OR
(f) LAPSES ASSOCIATED WITH ANY ACT OR OMISSION ON THE PART OF THE FOREGOINGBUYER'S EMPLOYEES OR AGENTS.
Appears in 1 contract
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE, RELATED SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS”, AND PANORAYS DISCLAIMS, . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, ANY FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, WHETHER EXPRESSBE THEY EXPRESS OR IMPLIED BY LAW, IMPLIEDSTATUTE, STATUTORY COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, INCLUDING, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON-INTERRUPTION OF USE OR FREEDOM FROM ERRORS, VIRUSES OR NONINFRINGEMENT BUGS. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF LICENSOR CONCERNING THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET DOCUMENTATION. TO THE EXTENT AN IMPLIED TERM, CONDITION OR DATA SERVICES. PANORAYS DOES NOT OFFER A WARRANTY CANNOT BE EXCLUDED OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOINGWARRANTY PERIOD.
Appears in 1 contract
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS”, AND PANORAYS DISCLAIMS, ” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY ECS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEWARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT RESULTS THAT MAY BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OBTAINED FROM USE OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICESSERVICE. PANORAYS ECS DOES NOT OFFER A WARRANTY ENDORSE, RECOMMEND, OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR INFORMATION STATEMENTS AVAILABLE ON OR THROUGH THE SERVICESSERVICE OR THROUGH LINKS ON THE SERVICE. ECS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, INCLUDING WITHOUT LIMITATION OR THAT THE REPORTS. YOUR USE OF AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OPERATION OF THE FOREGOINGSERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ECS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Appears in 1 contract
Samples: Terms of Use Agreement