Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 7 contracts
Samples: Personal Computer Software License Agreement, Personal Computer Software License Agreement, Personal Computer Software License Agreement
Warranty Disclaimer. THE SOFTWARE LIMITED WARRANTIES DESCRIBED ABOVE IN THIS ARTICLE 6 (LIMITED WARRANTIES) ARE THE ONLY WARRANTIES ANCHORE MAKES WITH RESPECT TO THE PRODUCTS, SOFTWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, ANCHORE CONFIDENTIAL INFORMATION, AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBEASPECTS OF THE MASTER AGREEMENT, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREAND, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT OF SUCH WARRANTIES, ALL THE FOREGOING ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” ANCHORE DOES NOT MAKE ANY WARRANTYOTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, AND HEREBY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ANCHORE OR ANYONE ELSE WILL CREATE ANY WARRANTY OR CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE EXCEPT TO YOU THE EXTENT EXPRESSLY STATED IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS MASTER AGREEMENT.
Appears in 5 contracts
Samples: Master Software License and Services Agreement, Master Software License and Services Agreement, Master Software License and Services Agreement
Warranty Disclaimer. EXCEPT FOR THE SOFTWARE AND OTHER INFORMATION WARRANTY SET FORTH IN SECTION 8 (SOFTWARE WARRANTY), OUR SOFTWARE IS DELIVERED TO YOU PROVIDED “AS IS” AND WITH ”, WITHOUT WARRANTY OF ANY KIND. OUR SOFTWARE WARRANTY CONTAINED IN THIS AGREEMENT IS IN LIEU OF ALL FAULTSOTHER WARRANTIES, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES WE DO NOT WARRANT THAT THE USE OF OUR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SOFTWARE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND CANNOT WARRANT THE PERFORMANCE ELECTRONIC COMMUNICATIONS OR RESULTS FOR ISSUES RELATED TO ANY THIRD PARTIES WITH WHOM YOU SEPARATELY CONTRACT WITH OR UTILIZE TO CONNECT WITH OR ACCESS OUR SOFTWARE. YOU MAY OBTAIN BY USING HAVE OTHER STATUTORY RIGHTS, BUT THE SOFTWAREDURATION OF STATUTORILY REQUIRED WARRANTIES, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT IF ANY, ARE LIMITED TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED SHORTEST PERIOD PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 4 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement, Software Subscription Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 7.1, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” AND WITH " WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SIDEFX DOES NOT WARRANT THAT: (i) THE SOFTWARE WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS; ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY WARRANTYSECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), CONDITIONREFERENCES TO SOFTWARE INCLUDE THE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR WARRANTIES, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. REGARDING THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.
Appears in 3 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN THIS SECTION 3, AND TO THE SOFTWARE MAXIMUM EXTENT PERMITTED BY LAW, THE SOLUTION, DOCUMENTATION, SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU ANY DELIVERABLES ARE PROVIDED “AS IS” AND FORWARD NETWORKS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH ALL FAULTSRESPECT THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. ADOBEFORWARD NETWORKS DOES NOT WARRANT FREEDOM FROM ERRORS, ITS OR THAT ERRORS IN THE SOLUTION WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY AND EXPRESSLY SET FORTH HEREIN. CUSTOMER ACKNOWLEDGES AND AGREES THAT FORWARD NETWORKS’ SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER LICENSORS ARE THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION BENEFICIARIES OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTSECTION 3.6.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY WARRANTED IN SECTION 9.1, THE SOFTWARE, SERVICES, DOCUMENTATION, N-ABLE CONTENT, N-ABLE MARKS, SUPPORT, AND ALL OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER OR MADE AVAILABLE UNDER THIS AGREEMENT, INCLUDING THIRD PARTY HOSTED SERVICES OR SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU (COLLECTIVELY, FOR THE PURPOSES OF THIS PARAGRAPH, “PRODUCTS”), ARE PROVIDED ON AN “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS“AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN SECTION 9.1, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, N-ABLE DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES OF ANY WARRANTYKIND, CONDITIONEXPRESS, REPRESENTATIONIMPLIED, OR TERM CANNOT STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, LOSS OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONCORRUPTION OF DATA, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONSCONTINUITY, OR TERMS (EXPRESS ABSENCE OF DEFECT RELATING TO THE PRODUCTS OR IMPLIED WHETHER BY STATUTETHE RESULTS OF THE SAME. N-ABLE DOES NOT WARRANT THAT THE PRODUCTS, COMMON LAWINCLUDING ANY SPECIFICATIONS OR FUNCTIONS CONTAINED IN THEM, CUSTOM, USAGE WILL MEET YOUR REQUIREMENTS OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTHAT DEFECTS IN THEM WILL BE CORRECTED.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Warranty Disclaimer. The Smartsheet Properties are provided at no charge as part of the Program. ACCORDINGLY, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU SMARTSHEET PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SMARTSHEET PROPERTIES OR ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE SMARTSHEET PROPERTIES, WHETHER EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ALL FAULTSIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RESULTS TO BE OBTAINED. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES WE DO NOT AND CANNOT WARRANT THAT THE PERFORMANCE SMARTSHEET PROPERTIES WILL BE ERROR-FREE, OPERATE WITHOUT INTERRUPTIONS OR RESULTS DOWNTIME, OR BE SECURE OR PRIVATE. YOU FURTHER ACKNOWLEDGE THAT WE MAY OBTAIN BY USING MODIFY THE SOFTWARESMARTSHEET PROPERTIES, CERTIFICATE AUTHORITY SERVICES TERMINATE THIS AGREEMENT PURSUANT TO SECTION 10.2, AND/OR OTHER THIRD PARTY OFFERINGS. EXCEPT DISCONTINUE YOUR ACCESS TO THE EXTENT SMARTSHEET PROPERTIES PURSUANT TO SECTION 4.1, AT ANY WARRANTYTIME, CONDITION, REPRESENTATION, AND THAT YOUR SMARTSHEET API APPLICATIONS MAY CEASE TO INTERACT PROPERLY (OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE AT ALL) WITH THE SERVICE AS A RESULT OF SUCH TERMINATION. WE HAVE NO LIABILITY TO YOU OR TO END USERS OF YOUR SMARTSHEET API APPLICATIONS IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, CONNECTION WITH ANY SUCH MODIFICATION OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTERMINATION.
Appears in 3 contracts
Samples: Developer Program Agreement, Developer Program Agreement, Developer Program Agreement
Warranty Disclaimer. THE WARRANTY SET OUT IN CLAUSE [8.1] IS THE SOLE AND EXCLUSIVE WARRANTY IN RELATION TO THE SOFTWARE AND ANY OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS WARRANTIES ARE EXCLUDED (INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT WARRANTIES, OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, OR SUITABILITY FOR LICENSEE’S REQUIREMENTS). WITHOUT LIMITING THE FOREGOING, NUIX DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS. THE PROVISIONS SOFTWARE IS PROVIDED TO LICENSEE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTIS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7, MOLECULAR MATCH AND ITS MOLECULAR MATCHS AND SUPPLIERS PROVIDE THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “SERVICE "AS IS” " AND WITH WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTEWARRANTIES WITH RESPECT TO THE SERVICE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO THE DATA AND ANY OTHER SUBJECT MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSEDINCLUDING, BUT WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSEE ACKNOWLEDGES THAT THE DATA IS OBTAINED FROM THIRD PARTY SOURCES (SUCH AS PUBLICLY AVAILABLE SOURCES) AND, THEREFORE, MOLECULAR MATCH MAKES NO WARRANTIES AS TO ITS ACCURACY OR THE BENEFITS OR RESULTS THAT MAY COME FROM UTILIZING THE DATA. THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO LICENSEE.
Appears in 2 contracts
Samples: Third Party Software Terms and Conditions, Third Party Software Terms and Conditions
Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “HARDWARE ARE PROVIDED "AS IS” " AND WITH ALL FAULTSXXXXXXXX MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. ADOBEEXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, XXXXXXXX, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING INCLUDING, WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSLIMITATION, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, XXXXXXXX MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZORACHKA PROVIDES THE PRODUCT SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH DISCLAIMS ALL FAULTSWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADOBEZORACHKA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. XXXXXXXX MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, ITS SUPPLIERS FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION, THE PRODUCT SOFTWARE AND CERTIFICATION AUTHORITIES DO NOT THE PRODUCT AT YOUR OWN DISCRETION AND CANNOT WARRANT RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPRODUCT.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. EXCEPT FOR THE LIMITED SOFTWARE WARRANTY SET FORTH IN SECTION 7, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU ALL PUBLICLY AVAILABLE SOFTWARE INCLUDED IN THE SOFTWARE ARE PROVIDED “AS IS” AND WITH WITHOUT WARRANTY OF ANY KIND. THE LIMITED SOFTWARE WARRANTY CONTAINED IN THIS AGREEMENT IS IN LIEU OF ALL FAULTSOTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES WE DO NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND CANNOT WARRANT ELECTRONIC COMMUNICATIONS, OR FOR ISSUES RELATED TO ANY THIRD PARTIES WITH WHOM YOU SEPARATELY CONTRACT WITH OR UTILIZE TO CONNECT WITH THE PERFORMANCE OR RESULTS SOFTWARE THROUGH OUR LICENSE PORTAL. YOU MAY OBTAIN BY USING HAVE OTHER STATUTORY RIGHTS, BUT THE SOFTWAREDURATION OF STATUTORILY REQUIRED WARRANTIES, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT IF ANY, ARE LIMITED TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED SHORTEST PERIOD PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Warranty Disclaimer. THE SOFTWARE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY US AND STATES YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. WE MAKE NO OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBEWARRANTIES OF ANY KIND, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREEXPRESS, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATIONIMPLIED, OR TERM CANNOT OTHERWISE IN ANY COUNTRY OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE PROVISION OF THE CLOUD SERVICE UNDER THIS AGREEMENT. THE IMPLIED WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE AND TECHNICAL SUPPORT AND ANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CLOUD SERVICE AND ANY MATERIALS OR OTHER SERVICES FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENTNUCLEAR FACILITIES, HOWSOEVER CAUSEDAIRCRAFT, BUT THIS SHALL NOT IMPLY WEAPONS SYSTEMS OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTLIFE SUPPORT SYSTEMS.
Appears in 2 contracts
Warranty Disclaimer. The Software may be designated as alpha, beta, development, prerelease, untested, or not fully tested versions of the Software. The Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION IS AT DEVELOPER’S SOLE RISK. THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS DELIVERED TO YOU ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS WITHOUT WARRANTY OF ANY KIND AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE [LICENSEE NAME] AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONSINCLUDING, OR BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTEAND CONDITIONS OF MERCHANTABILITY, COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, AND SATISFACTORY QUALITY. NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR DEVELOPER’S USE OR THAT THE OPERATION OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE, OR FITNESS FOR THAT DEFECTS IN THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANTS OR MAKES ANY PARTICULAR PURPOSEREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY [LICENSEE NAME] SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PROVISIONS SCOPE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE . NO USE OF ANY CONTINUED RIGHT TO USE PORTION OF THE SOFTWARE AFTER TERMINATION OF OR OTHER CONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS AGREEMENTDISCLAIMER. Developer acknowledges that [Licensee Name] or its suppliers may not have publicly announced the availability of the Software, that [Licensee Name] has not promised or guaranteed to Developer that such Software will be announced or made available to anyone in the future, and that [Licensee Name] has no express or implied obligation to Developer to announce or introduce the Software or any similar or compatible product, or to continue to offer or support the Software in the future.
Appears in 2 contracts
Samples: Software License Agreement (Palmsource Inc), Software License Agreement (Palm Inc)
Warranty Disclaimer. 8.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACRAIL PROVIDES THE PRODUCT SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS AS- IS” AND WITH DISCLAIMS ALL FAULTSWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADOBEMACRAIL DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. MACRAIL MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
8.2 YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGSAND THE DOCUMENTATION AT YOUR OWN DISCRETION AND RISK. EXCEPT TO THE EXTENT YOU WILL BE SOLELY RESPONSIBLE FOR (AND MACRAIL DISCLAIMS) ANY WARRANTYAND ALL LOSS, CONDITION, REPRESENTATIONLIABILITY, OR TERM CANNOT DAMAGES, INCLUDING TO YOUR COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE AND/ OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDOCUMENTATION.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. HBI and MFI each acknowledge that any collection and compilation of Unique Names, databases, and data entails the likelihood of inaccuracies and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Both parties will cooperate in developing reasonable systems, procedures, and processes to minimize such inaccuracies. Except as specifically provided in this Section 7.1, both parties, however, agree THAT THE SOFTWARE HBI DATABASE AND THE ASSOCIATION DATABASE EACH, THE INTERNET TECHNOLOGIES, ANY UNIQUE NAMES AND DATA, AND ALL RESEARCH AND OTHER INFORMATION IS DELIVERED TO YOU “PRODUCTS PRODUCED THEREFROM OR RELATED THERETO OR PROVIDED HEREUNDER, ARE PROVIDED "AS IS” ", AND NEITHER HBI NOR THE ASSOCIATION MAKES ANY REPRESENTATION OR WARRANTY WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT RESPECT TO THE EXTENT ACCURACY, COMPLETENESS, GENUINENESS, OR CURRENTNESS THEREOF. BOTH PARTIES SPECIFICALLY DISCLAIM ANY OTHER WARRANTY, CONDITIONEXPRESS, REPRESENTATIONIMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR TERM CANNOT OR MAY NOT FITNESS FOR A PARTICULAR PURPOSE. EACH PARTY AGREES THAT IN NO EVENT WILL THE OTHER PARTY BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU LIABLE IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS ANY MANNER (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES) FOR THE RESULTS OF THIRD PARTY RIGHTSOR WITH RESPECT TO ITS OR ANY OF ITS CUSTOMER'S OR CLIENT'S USE OF THE HBI DATABASE, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYTHE ASSOCIATION DATABASE, OR FITNESS FOR THE UNIQUE NAMES OR DATA CONTAINED THEREIN, OR THE INTERNET TECHNOLOGIES OR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY RESEARCH OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPRODUCTS PRODUCED THEREFROM OR PROVIDED HEREUNDER.
Appears in 2 contracts
Samples: Strategic Alliance Agreement (Harris Interactive Inc), Strategic Alliance Agreement (Harris Interactive Inc)
Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “EXCEPT AS IS” AND WITH ALL FAULTS. ADOBESPECIFICALLY SET FORTH ABOVE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE NOKIA AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES LICENSORS MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONSREPRESENTATION OR TERMS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) OTHERWISE AS TO THE PRODUCT OR ANY MATTER COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT BUT NOT LIMITED TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NOKIA AND ITS LICENSORS DO NOT WARRANT THE PROVISIONS PERFORMANCE OR RESULT OF SECTIONS 1.1 THE PRODUCT. THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR, REPLACEMENT, OR CREDIT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE SOLE WARRANTY GIVEN BY NOKIA AND 10 SHALL SURVIVE IS IN LIEU OF ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED. THIS WARRANTY EXTENDS TO THE TERMINATION BUYER AND IS NON-TRANSFERABLE TO OTHER THIRD PARTIES. NOKIA WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY ANY PRODUCT OR CREATE ANY CONTINUED RIGHT EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTRENDER SERVICE.
Appears in 2 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
Warranty Disclaimer. 10.1. CYBERBIT PROVIDES THE SOFTWARE SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU DOCUMENTATION “AS IS” AND WITH ALL FAULTSYOUR USE THEREOF IS AT YOUR OWN RISK. ADOBECYBERBIT, ITS SUPPLIERS LICENSORS AND CERTIFICATION AUTHORITIES AFFILIATES DO NOT MAKE, AND CANNOT WARRANT THE PERFORMANCE HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARESTATUTORY, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO ANY PERSON, WITH RESPECT TO THE EXTENT PRODUCT AND/OR THE SERVICES AND/OR THE SOFTWARE AND/OR ANY WARRANTYRELATED DOCUMENTATION AND/OR LICENSES AND/OR ANY RESULTS FROM THE USE OF THE SERVICES, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT LIMITATION, IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OF THE SERVICES, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND TITLE, SATISFACTORY QUALITY, SUITABILITY, ACCURACY OR FITNESS FOR ANY PARTICULAR PURPOSECOMPLETENESS. CYBERBIT ALSO MAKES NO WARRANTY REGARDING NON-INTERRUPTION OF USE OR FREEDOM FROM BUGS, VIRUSES, NON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS OR UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROVISIONS OF SECTIONS 1.1 SERVICES. YOU ACKNOWLEDGE AND 10 SHALL SURVIVE AGREE THAT THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SERVICES MAY NOT REFLECT REAL-WORLD SITUATION(S) AND SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTBE RELIED UPON AS ADVICE.
Appears in 2 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement
Warranty Disclaimer. (a) THE SOFTWARE DIGITAL CONTENT AND OTHER INFORMATION IS DELIVERED SUPPLEMENTAL MATERIALS ARE PROVIDED TO YOU LICENSEE “AS IS” AND WITH ALL FAULTSFAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ADOBETO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS SUPPLIERS OWN BEHALF AND CERTIFICATION AUTHORITIES DO NOT ON BEHALF OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE DIGITAL CONTENT AND CANNOT WARRANT SUPPLEMENTAL MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED DIGITAL CONTENT AND SUPPLEMENTAL MATERIALS WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES RELIABILITY STANDARDS OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATIONBE ERROR FREE, OR TERM CANNOT THAT ANY ERRORS OR MAY NOT DEFECTS CAN OR WILL BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTCORRECTED.
Appears in 2 contracts
Samples: Digital Content License Agreement, Digital Content License Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 7.1, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” AND WITH " WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SIDEFX DOES NOT WARRANT THAT: (i) THE SOFTWARE WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS; (ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY WARRANTYSECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), CONDITIONREFERENCES TO SOFTWARE INCLUDE THE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR WARRANTIES, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. REGARDING THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTIONS 4.2 (WITH RESPECT TO PROFESSIONAL SERVICES) AND 9.1 (WITH RESPECT TO THE SOFTWARE), THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU THE PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND WITH WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTSOF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADOBEWITHOUT LIMITING THE FOREGOING, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO CLOUDFABRIX DOES NOT AND CANNOT WARRANT THAT:
(i) THE PERFORMANCE SOFTWARE WILL MEET LICENSEE’S NEEDS OR RESULTS YOU MAY OBTAIN BY USING REQUIREMENTS; (ii) THE SOFTWARESOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; OR (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY SECURITY STANDARDS. FOR PURPOSES OF THIS SECTION 9.2 (BUT NOT FOR PURPOSES OF SECTION 9.1), CERTIFICATE AUTHORITY SERVICES OR OTHER REFERENCES TO THE SOFTWARE INCLUDE THE THIRD PARTY OFFERINGSSOFTWARE. EXCEPT TO THE EXTENT ANY WARRANTYCLOUDFABRIX MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF REGARDING THE THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTSOFTWARE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 7 STATE THE LICENSOR'S SOLE AND EXCLUSIVE WARRANTIES TO YOU AND ANY THIRD PARTY CONCERNING THE SOFTWARE AND OTHER INFORMATION THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7(a), THE SOFTWARE IS DELIVERED TO YOU “PROVIDED STRICTLY "AS IS” ," AND WITH ALL FAULTS. ADOBELICENSOR MAKES NO ADDITIONAL WARRANTIES, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREUSAGE OF TRADE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT STATUTORY, AS TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, SOFTWARE OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. THESE IN 7(a) WARRANTIES ARE LIMITED WARRANTIES AND ARE THE PROVISIONS ONLY WARRANTIES MADE BY LICENSOR. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTWILL BE ERROR FREE OR UNINTERRUPTED, THAT THE SOFTWARE WILL MEET YOUR PARTICULAR NEEDS OR ANY PRODUCT UTILIZING THE SOFTWARE WILL BE IMMUNE FROM UNLAWFUL OR UNAUTHORIZED ACCESS OR USE BY THIRD PARTIES.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT, WITH THE SOFTWARE EXCEPTION OF THE LIMITED WARRANTIES SET FORTH IN SECTIONS 8.1, 8.2, 8.5 and 8.6 HEREOF, LICENSOR HAS NOT MADE AND OTHER INFORMATION IS DELIVERED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EITHER ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, CONCERNING THE PRODUCT(S) AND DOCUMENTATION LICENSED HEREUNDER OR THE SERVICES TO YOU “AS IS” BE PROVIDED HEREUNDER, AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE FULLEST EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW PERMITTED UNDER APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOMLICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING SUCH PRODUCT(S), USAGE DOCUMENTATION AND SERVICES, BOTH EXPRESS AND IMPLIED, ORAL AND WRITTEN, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT USE, ACCURACY OF THIRD PARTY RIGHTSDATA, MERCHANTABILITY, SYSTEM INTEGRATION, SATISFACTORY QUALITYAND ALL WARRANTIES RELATING TO RESULTS TO BE DERIVED FROM THE USE OF SUCH PRODUCT(S), DOCUMENTATION OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER CAUSED, BUT . LICENSEE ACKNOWLEDGES THAT IT IS A SOPHISTICATED PARTY TO THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.AGREEMENT AND
Appears in 1 contract
Samples: Warranties Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, @ROAD, DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED, 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 AND OTHER INFORMATION IS DELIVERED TO YOU “WHICH SECURITY FEATURES ARE PROVIDED "AS IS” AND WITH " WITHOUT ANY WARRANTY WHATSOEVER. @ROAD EXPRESSLY DISCLAIMS ALL FAULTS. ADOBEWARRANTIES, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE EXPRESS, IMPLIED OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT STATUTORY (TO THE EXTENT ANY WARRANTYPERMITTED BY LAW), CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER SUCH SECURITY FEATURES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(c) LAPSES OF SERVICE ARISING FROM CAUSES BEYOND THE DIRECT CONTROL OF @ROAD, INCLUDING, WITHOUT LIMITATION NONINFRINGEMENT OF LIMITATION, DEFECTS IN PRODUCTS OR SERVICES PROVIDED TO @ROAD OR BUYER BY ANY THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL VENDORS NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.UNDER CONTRACT WITH @ROAD;
Appears in 1 contract
Samples: Purchase Agreement (Atroad Inc)
Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE USAGE, OR OTHERWISE) AS TO ANY MATTER MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT NON- INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Warranty Disclaimer. 11.1 THE SOFTWARE AND OTHER INFORMATION IS DELIVERED DOCUMENTATION ARE PROVIDED TO YOU “LICENSEE "AS IS” " AND WITH ALL FAULTSFAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE MAXIMUM EXTENT ANY WARRANTYPERMITTED UNDER APPLICABLE LAW, CONDITIONLICENSOR, REPRESENTATIONON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR TERM CANNOT OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONARISE OUT OF COURSE OF DEALING, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOMCOURSE OF PERFORMANCE, USAGE OR OTHERWISE) AS TO TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE LICENSOR PROVIDES NO CONDITION, WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY MATTER INCLUDING KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSINTERRUPTION, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, MEET ANY PERFORMANCE OR FITNESS FOR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY ERRORS OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDEFECTS CAN OR WILL BE CORRECTED.
Appears in 1 contract
Samples: Software End User License Agreement
Warranty Disclaimer. THE SOFTWARE EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.1 (GENERAL WARRANTIES ) AND OTHER INFORMATION IS DELIVERED TO YOU 14.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE PERFANA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND CERTIFICATION AUTHORITIES MAKE NO ALL WARRANTIES CONDITIONSAND REPRESENTATIONS OF ANY KIND, REPRESENTATIONSINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR TERMS (EXPRESS MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR IMPLIED WHETHER STATUTORY. PERFANA WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PERFANA. TO THE MAXIMUM EXTENT PERMITTED BY STATUTE, COMMON LAW, CUSTOMNEITHER PERFANA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, USAGE WARRANTY OR OTHERWISE) GUARANTEE AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSTHE RELIABILITY, MERCHANTABILITYTIMELINESS, INTEGRATION, SATISFACTORY QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR FITNESS FOR COMPLETENESS OF ANY PARTICULAR PURPOSE. SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PROVISIONS USE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENTANY SOFTWARE WILL BE SECURE, HOWSOEVER CAUSEDTIMELY, BUT THIS SHALL NOT IMPLY UNINTERRUPTED OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.ERROR-FREE;
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. THE ODV SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SECTIONS 1.1 THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL AWI, ITS CONTRIBUTORS OR ANY ODV COPYRIGHT HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND 10 SHALL SURVIVE ON ANY THEORY OF LIABILITY ARISING OUT OF THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY USE OR CREATE ANY CONTINUED RIGHT INABILITY TO USE THE SOFTWARE AFTER TERMINATION (INCLUDING BUT NOT LIMITED TO LOSS OF THIS AGREEMENT.DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES, A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE OR BUSINESS INTERRUPTION). Xxxxxx Xxxxxxx Institute, Xx Xxxxxxxxxxxx 00, 00000 Xxxxxxxxxxx, Xxxxxxx, E-Mail: odv_license at xxx.xx
Appears in 1 contract
Samples: License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 9 ABOVE, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU PROVIDED “AS IS” AND WITH ALL FAULTSWITHOUT WARRANTY OF ANY KIND. ADOBEADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERWARE, ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND CERTIFICATION AUTHORITIES ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE. THE REPRESENTATIVES SPECIFICALLY DO NOT AND CANNOT WARRANT THAT THE PERFORMANCE SOFTWARE IS FREE FROM BUGS, VIRUSES, INTERRUPTION OR OTHER PROGRAM LIMITATIONS. FURTHERMORE, THE REPRESENTATIVES DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS YOU THAT MAY OBTAIN BE OBTAINED BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND THIS SECTION 10 SHALL SURVIVE SURVIVES THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE SOFTWARE EXPRESS WARRANTIES SET FORTH ABOVE, AND OTHER INFORMATION IS DELIVERED TO YOU THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE, DOCUMENTATION, SAAS SERVICE, AND NINJAONE MARKS ARE PROVIDED AND LICENSED “AS IS” AND WITH “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND NINJAONE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL FAULTSIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES DOCUMENTATION, AND SAAS SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER THIRD PARTY OFFERINGSTYPOGRAPHICAL ERRORS. EXCEPT TO THE EXTENT ANY WARRANTYNO EMPLOYEE, CONDITIONCONTRACTOR, REPRESENTATIONAGENT, AFFILIATE, REPRESENTATIVE, RESELLER, DEALER, OR TERM CANNOT DISTRIBUTOR OF NINJAONE IS AUTHORIZED TO MODIFY THESE WARRANTY TERMS OR TO MAKE ANY ADDITIONAL WARRANTIES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE APPLY TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTYOU.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTIONS 4.2 (WITH RESPECT TO PROFESSIONAL SERVICES) AND 9.1 (WITH RESPECT TO THE SOFTWARE SOFTWARE), THE SOFTWARE, SUPPORT SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND WITH WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTSOF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADOBEWITHOUT LIMITING THE FOREGOING, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO CLOUDFABRIX DOES NOT AND CANNOT WARRANT THAT: (i) THE PERFORMANCE SOFTWARE WILL MEET LICENSEE’S NEEDS OR RESULTS YOU MAY OBTAIN BY USING REQUIREMENTS; (ii) THE SOFTWARESOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; OR (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY SECURITY STANDARDS. FOR PURPOSES OF THIS SECTION 9.2 (BUT NOT FOR PURPOSES OF SECTION 9.1), CERTIFICATE AUTHORITY SERVICES OR OTHER REFERENCES TO THE SOFTWARE INCLUDE THE THIRD PARTY OFFERINGSSOFTWARE. EXCEPT TO THE EXTENT ANY WARRANTYCLOUDFABRIX MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF REGARDING THE THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTSOFTWARE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SOFTWARE SITE AND OTHER INFORMATION IS DELIVERED TO YOU THE SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRATIS MAKES NO REPRESENTATIONS OR WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT REGARD TO THE EXTENT SITE, THE SITE SERVICES, ANY WARRANTY, CONDITION, REPRESENTATIONWORK PRODUCT OF THE CONTRACTOR, OR TERM CANNOT ANY ACTIVITIES OR MAY NOT BE EXCLUDED INFORMATION PROVIDED THEREIN, OR LIMITED RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONLAW, ADOBE DRATIS DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, AND THEREFORE TO THAT EXTENT, SOME OR TERMS ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 8 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISETERM AND TERMINATION) AS SETS FORTH USERS’ SOLE AND EXCLUSIVE REMEDY AGAINST DRATIS WITH RESPECT TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSDEFECTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYMISINFORMATION, OR FITNESS FOR ANY PARTICULAR PURPOSE. OTHER ISSUES RELATED TO THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY SITE OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTARISING FROM ITS USE.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATER HERO PROVIDES THE PRODUCT SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS AS-IS” AND WITH DISCLAIMS ALL FAULTSWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. ADOBEWATER HERO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. WATER HERO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT SOFTWARE, CERTIFICATE AUTHORITY SERVICES AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND WATER HERO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER THIRD PARTY OFFERINGS. EXCEPT PERIPHERALS CONNECTED TO THE EXTENT ANY WARRANTYPRODUCT, CONDITIONCOMPUTER, REPRESENTATIONMOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPRODUCT.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED IN THIS AGREEMENT, THE SOFTWARE iMAPDATA SYSTEM AND OTHER INFORMATION IS DELIVERED TO YOU THE iMAPDATA DATA ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS "AS AVAILABLE," AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE iMAPDATA AND ITS SUPPLIERS LICENSORS DISCLAIM ANY AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONSALL OTHER WARRANTIES, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WHETHER BY STATUTEWARRANTIES OF TITLE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE. iMAPDATA AND ITS THIRD PARTY LICENSORS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PROVISIONS USE, OR THE RESULTS OF SECTIONS 1.1 THE USE, OF THE iMAPDATA SYSTEM OR iMAPDATA DATA (AND 10 SHALL SURVIVE ANY ASSOCIATED INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS), SERVICES, AND/OR SUPPORT IN TERMS OF SUITABILITY, ACCURACY, TIMELINESS, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. iMAPDATA DOES NOT REPRESENT OR WARRANT THAT THE TERMINATION OF THIS AGREEMENTiMAPDATA SYSTEM WILL OPERATE ERROR-FREE, HOWSOEVER CAUSEDUNINTERRUPTED, BUT THIS OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. MOREOVER, iMAPDATA SHALL NOT IMPLY BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF OR CREATE ANY CONTINUED RIGHT ACCESS TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTiMAPDATA SYSTEM.
Appears in 1 contract
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE SERVICES AND OTHER ANY DATA AND INFORMATION IS THAT ARE ACCESSED OR DELIVERED TO YOU THROUGH OR DERIVED THEREFROM ARE PROVIDED “AS IS” ”, AND Bondle SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREIN OR ANY OTHER ASPECTS THEREOF. Bondle (AND ITS LICENSORS, WHERE APPLICABLE) MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. NOR DOES Bondle (AND ITS LICENSORS, WHERE APPLICABLE) REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE OR OPERATE IN COMIBINATION WITH ALL FAULTS. ADOBEANY OTHER HARDWARE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES SYSTEM OR DATA. Bondle (AND ITS LICENSORS, WHERE APPLICABLE) HEREBY DISCLAIMS ALL OTHER THIRD PARTY OFFERINGS. EXCEPT REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT TO THE MAXIMUM EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENTRY PROVIDES THE PRODUCT SOFTWARE "AS-IS" AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SENTRY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. SENTRY MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION IS DELIVERED TO YOU “(AS IS” AND WITH ALL FAULTS. ADOBEDEFINED BELOW), ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT SOFTWARE, CERTIFICATE AUTHORITY SERVICES AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SENTRY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER THIRD PARTY OFFERINGS. EXCEPT PERIPHERALS CONNECTED TO THE EXTENT ANY WARRANTYPRODUCT, CONDITIONCOMPUTER, REPRESENTATIONMOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPRODUCT.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. 5.1.1. THE SOFTWARE IS PROVIDED AND OTHER INFORMATION IS DELIVERED TO YOU “LICENSED "AS IS” " AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONSWARRANTIES, REPRESENTATIONS, OR TERMS (CONDITIONS, EXPRESS OR IMPLIED WHETHER IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, COMMON OPERATION OF LAW, CUSTOMCOURSE OF DEALINGS, USAGE OF TRADE OR OTHERWISE) AS TO , REGARDING THEM, OR ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH BY LICENSOR. LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONMERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, DURABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING PERFORMANCE OR CONDITION OF THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF SOFTWARE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, HOWSOEVER CAUSEDSHALL BE DEEMED TO BE A WARRANTY, BUT THIS CONDITION OR REPRESENTATION BY LICENSOR.
5.1.2. LICENSEE NOT TO BIND. LICENSEE WILL GIVE AND MAKE NO WARRANTIES OR REPRESENTATIONS ON BEHALF OF LICENSOR AS TO QUALITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, SOFTWARE LICENSE AGREEMENT FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY OTHER FEATURES OF THE SOFTWARE AND LICENSEE SHALL NOT IMPLY INCUR ANY LIABILITIES, OBLIGATIONS OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION COMMITMENTS ON BEHALF OF THIS AGREEMENTLICENSOR.
Appears in 1 contract
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11(a) ABOVE, THE SOFTWARE AND OTHER INFORMATION SERVICE (INCLUDING THE ORIGINALITY REPORTS) IS DELIVERED TO YOU “PROVIDED ON AN "AS IS” " AND WITH "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL FAULTSWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. ADOBENO WARRANTY IS MADE THAT THE SERVICE WILL BE TIMELY, ITS SUPPLIERS SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN'S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND CERTIFICATION AUTHORITIES DO USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARETHAT: (I) VIRUSES, CERTIFICATE AUTHORITY SERVICES WORMS, TROJAN HORSES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO THE EXTENT ANY WARRANTYOBTAIN ACCESS TO AND DAMAGE INSTITUTION'S DATA, CONDITION, REPRESENTATIONCOMPUTERS, OR TERM CANNOT OR MAY NETWORKS. TURNITIN SHALL NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS RESPONSIBLE FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTSUCH ACTIVITIES.
Appears in 1 contract
Samples: Registration Agreement
Warranty Disclaimer. TO THE SOFTWARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND OTHER INFORMATION IS DELIVERED TO YOU EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 7(A), THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS “AS AVAILABLE” AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE ILLUMINA AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONSWARRANTIES, REPRESENTATIONSEXPRESS, IMPLIED, OR TERMS (EXPRESS STATUTORY, WITH RESPECT TO THE SERVICES OR IMPLIED WHETHER BY STATUTESOFTWARE PROVIDED IN CONNECTION WITH THE SERVICE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSEARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ILLUMINA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE PROVISIONS SCOPE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY ABOVE WARRANTIES OR CREATE ANY CONTINUED RIGHT NEW WARRANTIES. ILLUMINA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT INTENDED BY ILLUMINA, AND HAS NOT BEEN DESIGNED BY ILLUMINA, TO BE USED FOR PATIENT CARE PURPOSES, INCLUDING WITHOUT LIMITATION, USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTIN DIAGNOSING OR TREATING PATIENTS.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PROVIDES THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS AS-IS” AND WITH DISCLAIMS ALL FAULTSWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO COMPANY DOES NOT AND CANNOT WARRANT GUARANTEE ANY SPECIFIC RESULTS FROM THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING USE OF THE SOFTWARE. COMPANY MAKES NO WARRANTY THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, CERTIFICATE AUTHORITY SERVICES FREE OF VIRUSES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTYHARMFUL CODE, CONDITIONTIMELY, REPRESENTATIONSECURE, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT ERROR-FREE. USE OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION AND/OR INFORMATION GENERATED BY THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY AND DAMAGES ARISING FROM A USER’S USE OF THIS AGREEMENTTHE SOFTWARE OR ANY COMPUTER, MOBILE DEVICE OR OTHER PRODUCT CONNECTED TO OR USED WITH THE PRODUCT.
Appears in 1 contract
Samples: Terms of Use
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE SOFTWARE SITE, THE SERVICE, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND OTHER INFORMATION IS DELIVERED TO YOU THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YUZIT MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT REGARD TO THE EXTENT ANY WARRANTYSITE, CONDITION, REPRESENTATIONTHE SERVICE, OR TERM CANNOT ANY ACTIVITIES OR MAY NOT BE EXCLUDED ITEMS RELATED TO THIS AGREEMENT OR LIMITED THE OTHER TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONLAW, ADOBE YUZIT DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR TERMS ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 19 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISETERM AND TERMINATION) AS STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST XXXXX WITH RESPECT TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSDEFECTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYNON-CONFORMANCES, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDISSATISFACTION.
Appears in 1 contract
Samples: Terms of Service Agreement
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMO PROVIDES THE PRODUCT SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS AS-IS” AND WITH DISCLAIMS ALL FAULTSWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADOBEBMO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. BMO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT SOFTWARE, CERTIFICATE AUTHORITY SERVICES AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND BMO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER THIRD PARTY OFFERINGS. EXCEPT PERIPHERALS CONNECTED TO THE EXTENT ANY WARRANTYPRODUCT, CONDITIONCOMPUTER, REPRESENTATIONMOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPRODUCT.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. TO THE SOFTWARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iMAPDATA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND OTHER INFORMATION IS DELIVERED TO YOU MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE iMAPDATA SYSTEM FOR ANY PURPOSE. THE iMAPDATA SYSTEM AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND WITH "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL FAULTSIMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE USE, OR THE RESULTS OF THE USE, OF THE iMAPDATA SYSTEM OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES iMAPDATA DO NOT AND CANNOT WARRANT THAT THE PERFORMANCE iMAPDATA SYSTEM WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR RESULTS YOU MAY OBTAIN BY USING IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. IN ACCORDANCE WITH THE SOFTWAREFOREGOING, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT THE ENTIRE RISK AS TO THE EXTENT ANY WARRANTYAVAILABILITY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. AND PERFORMANCE OF THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTiMAPDATA SYSTEM IS WITH YOU.
Appears in 1 contract
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE SOFTWARE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND OTHER INFORMATION IS DELIVERED TO YOU THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SHORTBENCH MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT REGARD TO THE EXTENT ANY WARRANTYSITE, CONDITIONTHE SITE SERVICES, REPRESENTATIONWORK PRODUCT, OR TERM CANNOT ANY ACTIVITIES OR MAY NOT BE EXCLUDED ITEMS RELATED TO THIS AGREEMENT OR LIMITED THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONLAW, ADOBE SHORTBENCH DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR TERMS ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISETERM AND TERMINATION) AS STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST SHORTBENCH WITH RESPECT TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSDEFECTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYNON-CONFORMANCES, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDISSATISFACTION.
Appears in 1 contract
Samples: User Agreement
Warranty Disclaimer. 9.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE SOFTWARE, RELATED SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU THE DOCUMENTATION ARE PROVIDED “AS IS” AND WITH ALL FAULTS”. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS, EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, BE THEY EXPRESS OR IMPLIED BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WITHOUT LIMITATION, ON ITS OWN BEHALF AND THAT OF ITS SUPPLIERS, LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTYWARRANTY OF NON-INFRINGEMENT, CONDITIONFITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ANY WARRANTIES RELATING TO NON-INTERRUPTION OF USE OR FREEDOM FROM ERRORS, REPRESENTATIONVIRUSES OR BUGS. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF LICENSOR CONCERNING THE SOFTWARE OR THE DOCUMENTATION. TO THE EXTENT AN IMPLIED TERM, CONDITION OR TERM WARRANTY CANNOT OR MAY NOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED BY LAW APPLICABLE IN DURATION TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTWARRANTY PERIOD.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, PROSIMO AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SOFTWARE OR TO PROSIMO’S MAINTENANCE, PROFESSIONAL OR OTHER SERVICES. PROSIMO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OTHER INFORMATION IS DELIVERED TO YOU NON-INFRINGEMENT. PROSIMO AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE WILL BE FREE FROM BUGS,THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL FULFILL LICENSEE’S EXPECTATIONS AND NEEDS. THIS DISCLAIMER SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EXCEPT AS STATED ABOVE, PROSIMO AND ITS SUPPLIERS PROVIDE THE SOFTWARE ON AN “AS IS” AND BASIS. PROSIMO PROVIDES NO WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER RESPECT TO THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE SOFTWARE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” " AND WITH ALL FAULTSMCAFEE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBEEXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. MCAFEE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE SOFTWARE 7.1. Glare Marketing Technologies PROVIDES ITS SERVICE AND OTHER INFORMATION IS DELIVERED TO YOU ALL RELATED CONTENT ON AN “AS IS” BASIS. Glare Marketing Technologies AND WITH ALL FAULTS. ADOBEITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE WHETHER EXPRESSED, IMPLIED, OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGSSTATUTORY. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED PROHIBITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOMGlare Marketing Technologies DISCLAIMS ALL WARRANTIES, USAGE OR OTHERWISE) AS TO INCLUDING AND WITHOUT LIMITATION, ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITH THE PROVISIONS EXCEPTION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, HOWSOEVER CAUSEDGlare Marketing Technologies DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, BUT THIS UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY Xxxxx Marketing Technologies, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTWARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
Appears in 1 contract
Samples: Terms of Service
Warranty Disclaimer. Customer acknowledges receipt of the Vehicle in good and satisfactory condition. Xxxxxxx Leasing IS NOT A SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE SOFTWARE AND OTHER INFORMATION UNIFORM COMMERCIAL CODE). THE VEHICLE IS DELIVERED TO YOU LEASED UNDER THIS AGREEMENT “AS IS” ”, AND Xxxxxxx Leasing HAS NOT MADE, AND HEREBY DISCLAIMS LIABILITY FOR, AND CUSTOMER HEREBY WAIVES ALL RIGHTS AGAINST Xxxxxxx Leasing RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OBLIGATIONS OF ANY KIND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT RESPECT TO THE EXTENT VEHICLE, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING ANY WARRANTYOF THE SAME RELATING TO (a) MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE, (b) COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, OR (c) TORT (WHETHER OR NOT ARISING FROM THE ACTUAL, IMPLIED OR IMPUTED NEGLIGENCE OF Xxxxxxx Leasing OR STRICT LIABILITY) WITH RESPECT TO THE VEHICLE, INCLUDING ITS TITLE OR FREEDOM FROM LIENS, FREEDOM FROM TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT, FREEDOM FROM LATENT DEFECTS (WHETHER OR NOT DISCOVERABLE), CONDITION, REPRESENTATIONMANUFACTURE, DESIGN, SERVICING OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW COMPLIANCE WITH APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Lease Agreement
Warranty Disclaimer. THE SOFTWARE API AND OTHER INFORMATION IS DELIVERED TO YOU THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTSNO WARRANTY. ADOBE, ITS SUPPLIERS YOU AGREE THAT YOUR USE OF THE API AND CERTIFICATION AUTHORITIES DO NOT THE DOCUMENTATION IS AT YOUR SOLE RISK AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR OTHER THIRD PARTY OFFERINGSDEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. EXCEPT TO THE FULLEST EXTENT ANY WARRANTYPERMISSIBLE UNDER APPLICABLE LAW, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE 4CREDIT AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES CONDITIONSOF ANY KIND, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTEIMPLIED, COMMON LAWWITH RESPECT TO THE API AND THE DOCUMENTATION, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT ALL WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON- INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR FITNESS FOR USAGE OF TRADE. NEITHER 4CREDIT NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE API OR THE DOCUMENTATION WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE API OR DOCUMENTATION WILL OPERATE ERROR FREE, OR THAT THE API OR DOCUMENTATION IS COMPATIBLE WITH YOUR APPLICATION OR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPERATING SYSTEM.
Appears in 1 contract
Samples: Creditclick Api License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 ABOVE, THE SOFTWARE SOFTWARE, THIRD PARTY CONTENT, AND OTHER INFORMATION IS DELIVERED TO YOU SUPPORT SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTSNO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE FULL EXTENT ANY WARRANTYPERMITTED BY LAW, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE CYPHRE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO LICENSORS DISCLAIM ALL WARRANTIES CONDITIONSOTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. CYPHRE DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM WITHOUT ERROR OR THAT USE OF THE SOFTWARE OR MATERIALS WILL BE UNINTERRUPTED OR SECURE, OR FITNESS FOR THAT ALL DEFECTS WILL BE CORRECTED. CYPHRE PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY PARTICULAR PURPOSE. THE PROVISIONS CLAIM ARISING OUT OF: (A) A MODIFICATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION MADE BY ANYONE OTHER THAN CYPHRE; OR (B) USE OF THIS AGREEMENTTHE SOFTWARE IN COMBINATION WITH ANY SYSTEM NOT AUTHORIZED IN THE SPECIFICATIONS OR DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE SPECIFICATIONS OR DOCUMENTATION.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED PROVIDED TO YOU AS PART OF THE SUBSCRIPTION AND IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTSFAULTS AND DEFECTS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ADOBECOMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, ITS SUPPLIERS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND CERTIFICATION AUTHORITIES DO NON-INFRINGEMENT. PROVIDER DOES NOT AND CANNOT REPRESENT OR WARRANT THAT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARESOFTWARE IS FREE OF BUGS, CERTIFICATE AUTHORITY SERVICES ERRORS, VIRUSES OR OTHER THIRD PARTY OFFERINGSDEFECTS OR THAT THE SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE COMPANY AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE LICENSORS SHALL HAVE NO WARRANTIES CONDITIONS, REPRESENTATIONS, LIABILITY OF ANY KIND FOR THE USE OF OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT INABILITY TO USE THE SOFTWARE. COMPANY AND ITS LICENSORS PROVIDES ANY WARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SOFTWARE AFTER TERMINATION WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ACHIEVE ANY KIND OF THIS AGREEMENTINTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR HAVE ERRORS THAT CAN BE CORRECTED.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE USAGE, OR OTHERWISE) AS TO ANY MATTER MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. (A) EXCEPT FOR THE SOFTWARE AND OTHER INFORMATION LIMITED WARRANTY IN SECTION 11.1, THE SERVICE IS DELIVERED TO YOU PROVIDED “AS IS” AND WITH ALL FAULTS”. ADOBE, NEITHER DNANEXUS NOR ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT AND CANNOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. DNANEXUS DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PERFORMANCE SERVICE WILL BE UNINTERRUPTED OR RESULTS YOU MAY OBTAIN BY USING ERROR-FREE, NOR DOES DNANEXUS WARRANT THAT IT WILL REVIEW THE SOFTWARECUSTOMER MATERIALS FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER MATERIALS WITHOUT LOSS. DNANEXUS SHALL NOT BE LIABLE FOR DELAYS, CERTIFICATE AUTHORITY SERVICES INTERRUPTIONS, SERVICE FAILURES OR OTHER THIRD PARTY OFFERINGSPROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DNANEXUS. EXCEPT CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED SHORTEST PERIOD PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. NO WARRANTIES. LICENSOR, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE SOFTWARE LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE AT LICENSEE’S AND OTHER INFORMATION IS DELIVERED TO YOU CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS” AND BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”. ADOBELICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT OR PROCESSED BY, THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGSLICENSED PROGRAMS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON PERMITTED UNDER LAW, CUSTOMLICENSOR EXCLUDES ANY IMPLIED WARRANTIES, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, FOR MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND NON-INFRINGEMENT. NO GUARANTEE OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, NOT TO RELY IN ANY WAY ON THE PROVISIONS CORRECT FUNCTIONING OR PERFORMANCE OF SECTIONS 1.1 THE SOFTWARE AND/OR ACCOMPANYING MATERIALS, AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTIN A PRODUCTION ENVIRONMENT.
Appears in 1 contract
Samples: Software Trial License Agreement
Warranty Disclaimer. COMPANY REPRESENTS THAT AS OF THE SOFTWARE AND OTHER INFORMATION EFFECTIVE DATE, TO COMPANY'S KNOWLEDGE, THE TECHNOLOGY SYSTEM DOES NOT INFRINGE ON THE PATENT, CONTRACT OR COPYRIGHT OF ANY THIRD PARTY. APART FROM THE LIMITED REPRESENTATION THAT COMPANY IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBENOT AWARE OF ANY INFRINGEMENT, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE COMPANY AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO LICENSORS HEREBY DISCLAIM ALL IMPLIED WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSEQUALITY AND NON-INFRINGEMENT. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF COMPANY'S AGREEMENT TO INDEMNIFY FRANCHISEE AGAINST CERTAIN INFRINGEMENT CLAIMS, SET FORTH ELSEWHERE IN THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY BE CONSTRUED AS EXPANDING THE LIMITED REPRESENTATION PROVIDED IN THIS SECTION OR CREATE AS VOIDING OR MODIFYING THE DISCLAIMER OF IMPLIED WARRANTIES OF NON-INFRINGEMENT SET FORTH IN THIS SECTION. COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT THE TECHNOLOGY SYSTEM OR ANY CONTINUED RIGHT TO USE OF ITS COMPONENTS PROVIDED UNDER THIS AGREEMENT WILL ASSIST FRANCHISEE IN COMPLYING WITH ANY DATA PROTECTION LAWS OR REQUIREMENTS (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE AFTER TERMINATION UNITED KINGDOM DATA PROTECTION ACT OF THIS AGREEMENT1998), OR THAT THE OPERATION OF THE TECHNOLOGY SYSTEM OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR FREE.
Appears in 1 contract