Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT.

Appears in 4 contracts

Samples: Terms of Service Agreement, Terms of Service, Terms of Service

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Warranty Disclaimer. COMPANY THE LIMITED WARRANTY AND ITS AFFILIATESEXCLUSIVE REMEDY SET FORTH IN SECTION 5.1 ARE MADE FOR THE BENEFIT OF CUSTOMER ONLY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY ARE EXPRESSLY DISCLAIM ALL WARRANTIES THATSUBJECT TO: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT SATISFACTION OF ANY PARTICULAR TIME OR LOCATIONPAYMENT OBLIGATIONS TO VERINT, AND (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH SECTION 4.3 IN THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS“LICENSED PRODUCT TERMS”. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 5.1, VERINT MAKES NO AND DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INTEROPERABILITY, DATA ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCT, SERVICES, SUPPORT, OR ANY COMPONENTS THEREOF. WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING, VERINT DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF ANY PRODUCTS OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. FOR THE SERVICES AND CONTENT AVOIDANCE OF DOUBT, SECTION 5.1 SHALL NOT APPLY TO ANY BETA, PILOT OR OTHER TRIAL SUBSCRIPTIONS, NON-PRODUCTION ENVIRONMENTS, MOBILE APPS OR PORTAL SERVICES, EACH OF WHICH ARE PROVIDED AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTKIND.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSECTION 9.1 ABOVE, THE SUPPORT SERVICES AND CONTENT APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLEAND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER ELASTIC MAKES NO ADDITIONAL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SUPPORT SERVICES, ANY CLOUD SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE(S), THE SUPPORT SERVICES, THE DOCUMENTATION, AND ANY OTHER SERVICES OR OTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. MSP AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH ITS USE OF THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE AND ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT ARE NOT ENTITLED TO REPLACEMENT DESIGNED OR REFUND INTENDED FOR USE IN THE EVENT OPERATION OF ANY DEFECTNUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR LIFE SUPPORT SYSTEMS.

Appears in 3 contracts

Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THEIR RESPECTIVE OFFICERSLICENSOR MAKES NO OTHER REPRESENTATION, DIRECTORSGUARANTEE OR WARRANTY OF ANY KIND, EMPLOYEES AND AGENTSEXPRESS, HEREBY EXPRESSLY DISCLAIM ALL IMPLIED OR OTHERWISE, UNDER THIS AGREEMENT INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES OR WARRANTIES THAT: (IAS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY OF THE INVENTION(S) CLAIMED IN THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANTLICENSED PATENT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE FROM MANUFACTURE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT SALE OF ANY THIRD PARTY RIGHTSPRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE OR TO OTHERS FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABILITY OR INABILITY OF LICENSEE TO USE THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY LICENSED PATENT; FOR THE QUALITY OR PERFORMANCE OF ANY KIND AND CUSTOMER IS NOT ENTITLED PRODUCTS MANUFACTURED OR METHODS PRACTICED UNDER THE LICENSED PATENT; FOR THE CLAIMS OF THIRD PARTIES RELATING TO REPLACEMENT ANY PRODUCTS MANUFACTURED OR REFUND SOLD BY LICENSEE; OR FOR ANY FAILURE IN THE EVENT PRODUCTION, DESIGN OR OPERATION OF ANY DEFECTPRODUCT MANUFACTURED OR SOLD BY LICENSEE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL PART OF THE BASIS OF EACH PARTY’S BARGAIN HEREUNDER, AND NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS.

Appears in 3 contracts

Samples: Patent License Agreement (Vishay Precision Group, Inc.), Patent License Agreement (Vishay Precision Group, Inc.), Patent License Agreement (Vishay Precision Group, Inc.)

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS EXPRESSLY STATED IN SECTION 7.1, AND THEIR RESPECTIVE OFFICERSTO THE EXTENT ALLOWED BY APPLICABLE LAW, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY SOPHOS EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES THATAND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SERVICE. SOPHOS MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE: (IA) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONUNINTERRUPTED, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATECOMPLETELY SECURE, ERROR-FREE, APPROPRIATE, COMPLIANTFAILSAFE, OR COMPLETE, FREE OF VIRUSES; (VB) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S USE CURRENT SYSTEMS; OR (C) WILL IDENTIFY OR REMEDIATE ALL THREATS OR INDICATORS OF COMPROMISE. SOPHOS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKPERFORMANCE, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITYOPERATION, FITNESS OR SECURITY OF THE SERVICE THAT ARISE FROM CUSTOMER CONTENT, THIRD-PARTY SERVICES, OR EQUIPMENT ANY OTHER SERVICES PROVIDED BY THIRD PARTIES. SOPHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT ANY INTERCEPTION OR INTERRUPTION OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCOMMUNICATIONS THROUGH THE INTERNET, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNETWORKS, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTSYSTEMS OUTSIDE SOPHOS’S CONTROL.

Appears in 2 contracts

Samples: Sophos Services Agreement for Third Party Marketplace, Sophos Services Agreement for Third Party Marketplace

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR THE GUIDE, TELEFLORA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR TITLE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE, THE EQUIPMENT, ANY RELATED DOCUMENTATION AND MANUALS, AND ANY OTHER SERVICES AND CONTENT ARE GOODS PROVIDED “AS IS”TO MERCHANT UNDER THIS AGREEMENT. TELEFLORA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, “AS THE EQUIPMENT OR ANY RELATED DOCUMENTATION OR MANUALS, OR ANY OTHER GOODS OR SERVICES PROVIDED TO MERCHANT UNDER THIS AGREEMENT WILL MEET MERCHANT’S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT , ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR REFUND IN THE EVENT OF ANY DEFECTENTIRELY ERROR-FREE.

Appears in 2 contracts

Samples: Electronic Credit Card Processing Services Agreement, Electronic Credit Card Processing Services Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (Ia) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DIGITAL CONTENT AND SUPPLEMENTAL MATERIALS ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT WITHOUT WARRANTY OF ANY THIRD PARTY RIGHTSKIND. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES DIGITAL CONTENT AND CONTENT ARE PROVIDED “AS IS”SUPPLEMENTAL MATERIALS, “AS AVAILABLE” 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 CUSTOMER IS NOT ENTITLED TO REPLACEMENT SUPPLEMENTAL MATERIALS WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR REFUND IN THE EVENT OF OPERATE WITHOUT INTERRUPTION, MEET ANY DEFECTPERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 2 contracts

Samples: Digital Content License Agreement, Digital Content License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY THIRD PARTY RIGHTSKIND. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE SERVICES USE OR INABILITY TO USE THE CLIENT SOFTWARE OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY USE OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND THE SERVICE IN THE SIX (6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF ANY DEFECTLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Product Schedule, Product Schedule

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSECTIONS 9.1 AND 9.2 ABOVE, THE SUPPORT SERVICES AND CONTENT APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLEAND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER ELASTIC MAKES NO ADDITIONAL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SUPPORT SERVICES, ANY CLOUD SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE(S), THE SUPPORT SERVICES, THE DOCUMENTATION, AND ANY OTHER SERVICES OR OTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, AND WITH RESPECT TO THE USE OF THE FOREGOING. MSP AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH ITS USE OF THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE SUPPORT SERVICES AND APPLICABLE CLOUD SERVICE AND ANY MATERIALS FURNISHED OR PROVIDED TO MSP UNDER THIS AGREEMENT ARE NOT ENTITLED TO REPLACEMENT DESIGNED OR REFUND INTENDED FOR USE IN THE EVENT OPERATION OF ANY DEFECTNUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR LIFE SUPPORT SYSTEMS.

Appears in 2 contracts

Samples: Elastic Cloud MSP Agreement, Elastic Cloud MSP Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL THE EXPRESS WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 OF THIS AGREEMENT, AGREEMENT CONSTITUTE THE ONLY PERFORMANCE WARRANTIES WITH RESPECT TO THE SOFTWARE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRONPORT LICENSES THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED “HEREUNDER ON AN "AS IS" BASIS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, “AS AVAILABLE” IRONPORT AND WITHOUT WARRANTY ITS SUPERIOR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (EITHER IN FACT OR BY OPERATION OF LAW), AND CUSTOMER EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IRONPORT NOR ITS THIRD PARTY LICENSORS WARRANT THAT THE SOFTWARE OR SERVICES (1) IS NOT ENTITLED TO REPLACEMENT FREE FROM DEFECTS, ERRORS OR REFUND IN BUGS, (2) THAT OPERATION OF THE EVENT SOFTWARE WILL BE UNINTERRUPTED, OR (3) THAT ANY RESULTS OR INFORMATION THAT IS OR MAY BE DERIVED FROM THE USE OF ANY DEFECTTHE SOFTWARE WILL BE ACCURATE, COMPLETE, RELIABLE AND/OR SECURE.

Appears in 2 contracts

Samples: Software License Agreement, End User License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND THEIR RESPECTIVE OFFICERSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECTORSTHE SMARTRECRUITERS APPLICATIONS AND SERVICES ARE PROVIDED “AS IS,” AND SMARTRECRUITERS MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANTREPRESENTATIONS, OR COMPLETECONDITIONS, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKWHETHER WRITTEN, AND (VI) ORAL, EXPRESS, IMPLIED WARRANTES OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SMARTRECRUITERS APPLICATIONS AND NON- INFRINGEMENT OF SERVICES (IN WHOLE OR IN PART) OR ANY THIRD PARTY RIGHTSOTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY SMARTRECRUITERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO SMARTRECRUITERS DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, THAT OPERATION OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSMARTRECRUITERS APPLICATIONS OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SMARTRECRUITERS APPLICATIONS AND SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS OR REFUND IN THE EVENT OF ANY DEFECTEXPECTATIONS.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 7, TO MOLECULAR MATCH AND ITS MOLECULAR MATCHS AND SUPPLIERS PROVIDE THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “SERVICE "AS IS”, “AS AVAILABLE” " AND WITHOUT WARRANTY OF ANY KIND KIND, AND CUSTOMER HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, THE DATA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, 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 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ENTITLED ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTLICENSEE.

Appears in 2 contracts

Samples: Third Party Software Terms and Conditions, Third Party Software Terms and Conditions

Warranty Disclaimer. COMPANY THE PROGRAM PERFORMED BY MIT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) RESOURCES PROVIDED BY THE SERVICES WILL BE SECURE MEMBER IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE WITHOUT EXPRESS OR AVAILABLE AT ANY PARTICULAR TIME IMPLIED WARRANTY OF MERCHANTABILITY OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT THE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SAID RESOURCES OR PROGRAM RESULTS DO NOT OR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY RIGHTSPARTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ALL MEMBER RESOURCES ARE PROVIDED TO MIT “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY ALL PROGRAM RESULTS ARE DELIVERED TO THE MEMBER "AS IS". MIT SHALL BEAR NO LIABILITY FOR ANY CLAIM, ACTION, DAMAGE OR INJURY ON ACCOUNT OF THE MEMBER’S USE OF ANY KIND OF THE RESULTS OF THE PROGRAM PERFORMED BY MIT HEREUNDER. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, STUDENTS, AGENTS AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT AFFILIATES, BE LIABLE FOR INCIDENTAL OR REFUND IN THE EVENT CONSEQUENTIAL DAMAGES OF ANY DEFECTKIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PERSONS OR PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER THAT PARTY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING. THIS ARTICLE 11 SHALL SURVIVE THE EXPIRATION OR ANY EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Consortium Agreement, Consortium Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE SERVICES EXPRESS WARRANTIES SPECIFIED ABOVE, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND CONTENT ARE PROVIDED “AS IS”NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, “AS AVAILABLE” AND WITHOUT DYNATRACE DOES NOT WARRANT THAT THE DYNATRACE OFFERINGS OR RESULTS OF THE USE THEREOF WILL: (A) OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE; (D) IDENTIFY, BLOCK, OR REMEDIATE ALL SECURITY VULNERABILTIES, THREATS, OR ATTACKS; OR (E) RENDER THE CUSTOMER ENVIRONMENT INVULNERABLE TO UNAUTHORISED ACCESS AND/OR THIRD-PARTY INTERFERENCE. IN ADDITION, DYNATRACE MAKES NO WARRANTY OF ABOUT ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT THIRD-PARTY PRODUCTS OR REFUND IN THE EVENT OF ANY DEFECTCONTENT.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Warranty Disclaimer. COMPANY AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY (INCLUDING ITS AFFILIATESRESPECTIVE LICENSORS OR SUPPLIERS) MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. COVALENT DOES NOT WARRANT, AND THEIR RESPECTIVE OFFICERSSPECIFICALLY DISCLAIMS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THAT THE SERVICES WILL BE SECURE ACCURATE, WITHOUT INTERRUPTION, OR AVAILABLE AT ANY PARTICULAR TIME ERROR-FREE. FURTHER, COVALENT, ITS SUPPLIERS AND LICENSORS PROVIDE NO WARRANTY OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR REMEDY FOR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATECOMPONENT, ERROR-FREEINCLUDING, APPROPRIATEBUT NOT LIMITED TO, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND NON- INFRINGEMENT TITLE, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY THE SERVICES; SUCH THIRD PARTY RIGHTS. EXCEPT COMPONENTS ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS AGREEMENTIS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTKIND.

Appears in 2 contracts

Samples: Covalent Terms and Conditions, Covalent Terms and Conditions

Warranty Disclaimer. COMPANY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES AND ANY DATA AND INFORMATION THAT ARE ACCESSED OR DELIVERED THROUGH OR DERIVED THEREFROM ARE PROVIDED “AS IS”, AND EINSIGHTS SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREIN OR ANY OTHER ASPECTS THEREOF. EINSIGHTS (AND ITS AFFILIATESLICENSORS, WHERE APPLICABLE) MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. NOR DOES EINSIGHTS (AND THEIR RESPECTIVE OFFICERSITS LICENSORS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (IWHERE APPLICABLE) REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-­‐FREE, COMPLETELY SECURE OR AVAILABLE AT OPERATE IN COMIBINATION WITH ANY PARTICULAR TIME OTHER HARDWARE, SOFTWARE, SYSTEM OR LOCATIONDATA. EINSIGHTS (AND ITS LICENSORS, (IIWHERE APPLICABLE) HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON- NON-­‐ INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 6 OR IN ANY PRODUCT TERMS (AND THEN ONLY IN RESPECT OF THE PRODUCT TO WHICH THOSE TERMS APPLY), ALL PRODUCTS ARE PROVIDED “AS-IS”, AND OCTOPUS DEPLOY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OCTOPUS DEPLOY 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 OCTOPUS DEPLOY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OCTOPUS DEPLOY NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE SERVICES AND CONTENT ARE PROVIDED “AS IS”RELIABILITY, “AS AVAILABLE” AND WITHOUT WARRANTY TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT PRODUCTS OR REFUND IN ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE EVENT USE OF ANY DEFECT.PRODUCT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCT WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;

Appears in 1 contract

Samples: Customer Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CREDIT UNION AND ITS THIRD-PARTY LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS AND SERVICE PROVIDERS WARRANT THAT THE ELECTRONIC SERVICES WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL MEET YOUR REQUIREMENTS. NEITHER THE CREDIT UNION NOR ITS LICENSORS MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, OR ANY HARDWARE OR OTHER MATERIALS NOT PROVIDED BY THE CREDIT UNION AND/OR ITS LICENSORS AND CONTENT ARE SERVICE PROVIDERS. NEITHER THE CREDIT UNION NOR ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY OBLIGATION TO MAINTAIN OR SUPPORT THE ELECTRONIC SERVICES EXCEPT AS EXPRESSLY PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTHEREIN.

Appears in 1 contract

Samples: Online and Mobile Banking Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH 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 MAXIMUM SYSTEM AND INCLUDED IN THE APPLICATION SOFTWARE WHICH SECURITY FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. @ROAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), AS TO ANY 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, DEFECTS IN PRODUCTS OR SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF TO @ROAD OR BUYER BY ANY KIND AND CUSTOMER THIRD PARTY VENDORS NOT UNDER CONTRACT WITH @ROAD; (e) LAPSES IN SERVICE CAUSED BY EQUIPMENT ON BUYER'S PREMISES WHICH IS NOT ENTITLED TO REPLACEMENT PROVIDED OR REFUND IN MAINTAINED BY @ROAD OR ITS AGENTS; OR (f) LAPSES ASSOCIATED WITH ANY ACT OR OMISSION ON THE EVENT PART OF ANY DEFECTBUYER'S EMPLOYEES OR AGENTS.

Appears in 1 contract

Samples: Wireless Network Services Agreement (Atroad Inc)

Warranty Disclaimer. COMPANY WEATHERGRAM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY LICENSORS DISCLAIM ALL WARRANTIES THAT: WITH RESPECT TO ALL SOFTWARE AND SERVICES (IINCLUDING ADDITIONAL SERVICE, IF ANY) AND ALL THIRD PARTY PRODUCTS AND SERVICES SUBSCRIBER OR END USERS MAY UTILIZE IN CONNECTION WITH THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (INCLUDING ADDITIONAL SERVICE, IF ANY), WHETHER EXPRESS OR IMPLIED, INCLUDING ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY PURPOSE, TITLE OR NONINFRINGEMENT. IN PARTICULAR, WEATHERGRAM DOES NOT REPRESENT THAT THE SOFTWARE OR SERVICES (INCLUDING ADDITIONAL SERVICE, IF ANY) ARE ERROR FREE, WILL OPERATE IN AN UNINTERRUPTED MANNER, ARE COMPLETELY SECURE, OR WILL INTEROPERATE WITH OTHER THIRD PARTY RIGHTSSOFTWARE OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ALL HOSTED SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS”, ” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE OR TERMINATION AT ANY TIME AND FOR ANY REASON WITHOUT WARRANTY NOTICE. THE PROVISION OF ANY KIND THE HOSTED SERVICES BY WEATHERGRAM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND OTHER PROBLEMS INHERENT IN THE EVENT USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WEATHERGRAM SHALL NOT BE RESPONSIBLE FOR ANY DEFECTDELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: Subscription Agreement for Software as a Service

Warranty Disclaimer. COMPANY THE INSIGHT POS SYSTEM AND ITS AFFILIATESANY PRODUCT OR SERVICE SOLD USING THE INSIGHT POS SYSTEM ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, AND THEIR RESPECTIVE OFFICERSOR BASED ON STATUTE, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (TORT OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OTHER THEORY OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSLAW. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) INSIGHT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT MP ACKNOWLEDGES AND AGREES THAT INSIGHT MAKES NO REPRESENTATIONS AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED REASONABLENESS, APPROPRIATENESS, QUALITY OR FUNCTIONALITY OF PRODUCTS OR SERVICES PROVIDED BY APPLICABLE LAWINSIGHT THROUGH THE INSIGHT POS SYSTEM. ANY PRODUCT OR SERVICE PROVIDED BY INSIGHT TO MP OR ANY PARTY AFFILIATED WITH DISTRIBUTION IS ON AN "AS IS" BASIS AND SUBJECT TO THE TERMS AND CONDITIONS IMPOSED BY SUCH PRODUCT'S RESPECTIVE CARRIER OR PROVIDER AS WELL AS THE ABILITY OF SUCH CARRIER OR PROVIDER TO FULFILL SUCH TERMS AND CONDITIONS. IN NO EVENT SHALL INSIGHT BE HELD LIABLE FOR THE QUALITY, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”TERMS OR CONDITIONS, “AS AVAILABLE” AND WITHOUT WARRANTY OR THE FAILURE OF ANY KIND AND CUSTOMER IS NOT ENTITLED CARRIER OR PROVIDER TO REPLACEMENT OR REFUND IN FULFILL THE EVENT OBLIGATIONS OF ANY DEFECTPRODUCT OR SERVICE SUPPLIED THROUGH THE INSIGHT POS SYSTEM.

Appears in 1 contract

Samples: Market Partner Agreement (Next Group Holdings, Inc.)

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (Ia) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT WITHOUT WARRANTY OF ANY THIRD PARTY RIGHTSKIND. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, SEER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES SOFTWARE AND CONTENT ARE PROVIDED “AS IS”DOCUMENTATION, “AS AVAILABLE” INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANTI- VIRUS, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SEER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR REFUND IN THE EVENT OF WORK WITH ANY DEFECTOTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. COMPANY THE SOURCEDRIVE SOFTWARE AND ITS AFFILIATES, RELATED RESOURCES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) SERVICES PROVIDED BY CEDARS-SINAI IN ACCORDANCE WITH THE SERVICES WILL BE SECURE TERMS OF THIS AGREEMENT ARE WITHOUT EXPRESS OR AVAILABLE AT ANY PARTICULAR TIME IMPLIED WARRANTY OF MERCHANTABILITY OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT THE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES OR SERVICES DO NOT OR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY RIGHTSPARTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SUCH ARE ALL PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED MEMBERS “AS IS”. CEDARS-SINAI SHALL BEAR NO LIABILITY FOR ANY CLAIM, “AS AVAILABLE” ACTION, DAMAGE OR INJURY ON ACCOUNT OF MEMBER’S USE OF THE SOURCEDRIVE SOFTWARE AND WITHOUT WARRANTY RELATED RESOURCES AND SERVICES. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, RESEARCHERS, EMPLOYEES, STUDENTS, AGENTS AND AFFILIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PERSONS OR PROPERTY AND CUSTOMER IS NOT ENTITLED LOST PROFITS, REGARDLESS OF WHETHER THAT PARTY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO REPLACEMENT KNOW OR REFUND IN FACT SHALL KNOW OF THE EVENT POSSIBILITY OF THE FOREGOING. THIS SECTION SHALL SURVIVE THE EXPIRATION OR ANY DEFECTEARLIER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Membership Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY TELETRACKING MAKES NO WARRANTIES OF ANY KIND KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND CUSTOMER IS NOT ENTITLED SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A THIRD PARTY PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO REPLACEMENT OR REFUND IN CLIENT AND TO THE EVENT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY DEFECT.KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FOR THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES, AND SHALL HAVE NO LIABILITY FOR ANY DELAYS, FAILURES OR LOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO ANY THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES. NOR SHALL TELETRACKING HAVE ANY LIABILITY RESULTING FROM THE TRANSMISSION OF DATA BY

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. COMPANY AND EXCEPT AS EXPRESSLY STATED HEREIN, NEITHER PARTY OR ITS AFFILIATESAFFILIATES MAKE ANY EXPRESS WARRANTIES, AND THEIR RESPECTIVE OFFICERSEACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) TO THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (PARTY OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATEPARTY, ERROR-FREEINCLUDING, APPROPRIATEWITHOUT LIMITATION, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE USE OR PURPOSE, NON-INFRINGEMENT, TITLE, AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTSQUIET ENJOYMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENTSTATED HEREIN, TO T-MOBILE PROVIDES THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE (INCLUDING ALL ROAMING AND OTHER SERVICES) AND THE SERVICES AND CONTENT ARE PROVIDED FACILITIES “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND “WHERE IS.” T-MOBILE DOES NOT GUARANTEE THAT ALL EQUIPMENT WILL WORK CORRECTLY (OR AT ALL) WITH THE T-MOBILE NETWORK OR THE SERVICE, AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT T-MOBILE WILL HAVE NO LIABILITY OR REFUND RESPONSIBILITY FOR INTEROPERABILITY BETWEEN EQUIPMENT AND THE T-MOBILE NETWORK OR SERVICE. DISH ACKNOWLEDGES THAT T-MOBILE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FOR ANY DEFECTFAILURE, DEFECTS, MALFUNCTIONS OR ERRORS IN THE FACILITIES OR FOR THE PROVISION OF SERVICE TO DISH OR ITS END USERS.

Appears in 1 contract

Samples: Master Network Services Agreement (DISH Network CORP)

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Warranty Disclaimer. THE SYSTEM IS PROVIDED BY THE COMPANY AND ITS AFFILIATESON AN "AS-IS" BASIS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT SUBJECT TO ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE MANDATORY PROVISIONS OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKLAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT, THE COMPANY HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT, WHETHER WRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR IMPLIED, INCLUDING (VI) WITHOUT LIMITATION), IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND OR USE, OR OF NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS IN ADDITION, THE COMPANY EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS ANY IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR OTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEND USER, WHICH SHALL BE YOUR SOLE RESPONSIBILITY. YOU EXPRESSLY AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED “AS IS”COMPANY DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SYSTEM WILL BE ACCURATE, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT UNINTERRUPTED OR REFUND IN THE EVENT OF ANY DEFECTERROR-FREE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTARTICLE 6 OR SCHEDULE “C”, THE SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, THIRD PARTY TOOLS, AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO REPRESENTATIONS OR WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) RELATING TO THE SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, THIRD PARTY TOOLS, AND CONTENT PROFESSIONAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CURRENCY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, UNINTERRUPTED USE, OR THAT THE SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, THIRD PARTY TOOLS AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS”OR WILL BE ERROR FREE OR VIRUS FREE, “AS AVAILABLE” AND WITHOUT OR WILL ACHIEVE ANY INTENDED RESULT. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTCONDITION.

Appears in 1 contract

Samples: Master Agreement

Warranty Disclaimer. COMPANY THE SOFTWARE PLATFORM, APPLICATION AND ITS AFFILIATESTHE SOFTWARE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USE AND RELIANCE ON THE SOFTWARE PLATFORM, APPLICATION, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY THE SERVICES ARE AT SUBSCRIBER’S OWN RISK. COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) DISCLAIMS ANY WARRANTY THAT USE OF THE SOFTWARE PLATFORM OR ACCESS TO THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONCONTINUOUS, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTEDUNINTERRUPTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATEBUG-FREE, ERROR-FREE, APPROPRIATEVIRUS-FREE, COMPLIANTFREE OF DEFECTS, OR COMPLETE, (V) FREE OF TECHNICAL PROBLEMS; THAT THE RESULTS OF USING THE SOFTWARE SERVICES WILL MEET CUSTOMERALL OF SUBSCRIBER’S REQUIREMENTSNEEDS; THAT THE DATA UPLOADED TO THE SOFTWARE PLATFORM WILL BE COMPLETELY SECURE FROM THIRD PARTIES AND WILL NEVER BE SUBJECT TO ANY LOSS; OR THAT ANY PARTICULAR BACKUP MADE BY THE COMPANY WILL BE VIABLE. CUSTOMER’S USE OF COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS WITH RESPECT TO THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKSOFTWARE PLATFORM AND THE SOFTWARE SERVICES, AND (VI) WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTES WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT PURPOSE, NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCOMPANY DOES NOT WARRANT THAT ALL ERRORS, TO BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE PLATFORM OR SERVICES WILL OPERATE BUG-FREE, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”ERROR-FREE, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT CONTINUOUSLY, OR REFUND IN THE EVENT OF ANY DEFECTUNINTERRUPTED.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. COMPANY THE SERVICES INCLUDING ANY MORMS OR SIMILAR WEB APPLICATIONS ARE PROVIDED ON AN "AS IS" AND ITS "AS AVAILABLE" BASIS. WE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEES, AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONCONTRACTORS, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTEDLIMITED PARTNERS, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSGENERAL PARTNERS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATEATTORNEYS, ERROR-FREEPRINCIPALS, APPROPRIATEREPRESENTATIVES, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKPARTNERS, AND LICENSORS (COLLECTIVELY, THE "EstateShield VI, LLC INDEMNIFIED PARTIES") IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT MAKE NO GUARANTEES OF ANY THIRD PARTY RIGHTSKIND IN CONNECTION WITH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, EstateShield VI, LLC INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FORTHE SERVICES BEING ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. INFORMATION (INCLUDING, WITHOUT LIMITATION, THE VALUE OR OUTCOME OF ANY TRANSACTION) AVAILABLE THROUGH THE SERVICE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTAT YOUR OWN RISK.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. COMPANY THE ACA LICENSED PROPERTY AND ITS AFFILIATESANY ASSOCIATED INFORMATION, SER- VICES, PROGRAMS, PRODUCTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT MATERIALS ARE PROVIDED “AS IS”, ” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CUSTOMER CONDITIONS OF MERCHANTABILI- TY, FITNESS FOR A PARTICULAR PUR- POSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE USE, OR THE RESULTS OF THE USE, OF THE ACA LICENSED PROPERTY IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. ACA AND ITS THIRD PARTY LICENSORS DO NOT WARRANT THAT THE ACA LICENSED PROPERTY WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND PERFORMANCE OF THE ACA LICENSED PROPERTY IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTWITH SUBSCRIBER.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBSTREAM PROVIDES THE SERVICES SOFTWARE OR SERVICE AND CONTENT ARE PROVIDED “AS ANY ASSOCIATED DOCUMENTS AND/OR SERVICES, AS-IS, “AS AVAILABLE” AND WITH ALL FAULTS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND KIND, EXPRESS, IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, AND CUSTOMER IS FITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS, AND/OR ACCCURACY. HUBSTREAM DOES NOT ENTITLED TO REPLACEMENT WARRANT THAT THE SOFTWARE OR REFUND SERVICE AND ANY ASSOCIATED DOCUMENT AND/OR SERVICES, WILL BE ERROR-FREE OR THAT IT WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ERRORS IN THE EVENT OF ANY DEFECTSOFTWARE OR SERVICE OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED.

Appears in 1 contract

Samples: Service Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESCOUNTY ACCEPTS THE ADDITIONAL SOFTWARE, INCLUDING THE THIRD-PARTY COMPONENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED SUPPORT “AS IS”, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) NEITHER CONTRACTOR NOR ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS (TOGETHER AS AVAILABLESERVICE PROVIDERSAND FOR THE PUROSES OF THIS SECTION 10 REPRESENT OR WARRANT THAT THE ADDITIONAL SOFTWARE OR THE THIRD-PARTY COMPONENTS WILL PERFORM WITHOUT INTERRUPTION OR ERROR OR THAT ALL ERRORS OR DEFECTS CAN BE FOUND OR CORRECTED; (B) NEITHER CONTRACTOR NOR ITS SERVICE PROVIDERS MAKES ANY WARRANTY OF ANY KIND THAT THE ADDITIONAL SOFWARE OR THE ADDITIONAL SUPPORT SHALL MEET ANY OR ALL OF THE COUNTY’S OR ANY OTHER PERSON’S REQUIREMENTS, EXCEPT TO THE EXTENT SET OUT IN THIS AMENDMENT 9, OPERATE WITHOUT INTERRUPION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICE, OR BE ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE; AND CUSTOMER (C) NEITHER CONTRACTOR NOR ITS SERVICE PROVIDERS REPRESENT OR WARRANT THAT ANY ASPECT OF THE ADDITIONAL SOFTWARE, THE ADDITIONAL SUPPORT OR THE THIRD-PARTY COMPONENTS IS NOT ENTITLED SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT COUNTY DATA WILL REMAIN PRIVATE OR SECURE OR REMAIN UNALTERED. WITHOUT LIMITING THE FOREGOING, NEITHER CONTRACTOR NOR ITS SERVICE PROVIDERS OR LICENSORS, OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO REPLACEMENT PRODUCTS OR REFUND SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD-PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICE) NOR ASSUMES ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF COUNTY’S DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN THE EVENT SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AMENDMENT 9 SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF ANY DEFECTCONTRACTOR.

Appears in 1 contract

Samples: Integrated Financial Management System Contract

Warranty Disclaimer. COMPANY AND ITS AFFILIATESCRADLEPOINT DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR ANY FUNCTION CONTAINED THEREIN WILL MEET CUSTOMER’S REQUIREMENTS, AND THEIR RESPECTIVE OFFICERSBE UNINTERRUPTED OR ERROR-FREE, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY THAT DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE THAT THE SERVICE OR THE SERVERS THAT MAKE THIS SERVICE AVAILABLE ON OR THROUGH THE SERVICES IS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, (IV) SOFTWARE AND CRADLEPOINT PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. ANY USE OF THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) SERVICE IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET DONE AT CUSTOMER’S REQUIREMENTS. SOLE RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR EXPENSE INCURRED AS A RESULT OF OR ARISING OUT OF CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISKSERVICE.CRADLEPOINT MAKES NO OTHER WARRANTY, AND (VI) EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SERVICE. CRADLEPOINT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTES WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT TITLE OR REFUND IN THE EVENT OF ANY DEFECTNON-INFRINGEMENT.

Appears in 1 contract

Samples: Terms of Service and License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS”, “," "AS AVAILABLE," AND WITHOUT WARRANTY "WITH ALL FAULTS." NEITHER COMPANY NOR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE COMPANY PARTIES DO NOT WARRANT THAT: (A) THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES, AVAILABLE WHEN YOU DESIRE TO UTILIZE THEM, OR OPERATE THEM IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) ANY STORED DATA INCLUDING TITAN DATA WILL BE ACCURATE, SECURE, OR RELIABLE, OR (C) ERRORS OR DEFECTS WILL BE CORRECTED TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE COMPANY PARTIES DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTSATISFACTORY QUALITY.

Appears in 1 contract

Samples: Terms of Service and End User License Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS PROVIDED IN SECTION 15.1 HEREIN, THIS AGREEMENT EXCLUDES, AND THEIR RESPECTIVE OFFICERSi2c HEREBY SPECIFICALLY DISCLAIMS, DIRECTORSANY AND ALL REPRESENTATIONS OR WARRANTIES, EMPLOYEES EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PROCESSING SERVICES, OR THE SOFTWARE USED IN CONNECTION WITH SUCH SERVICES, OR ANY COMPONENTS OR PORTIONS THEREOF, OR OTHER GOODS OR SERVICES PROVIDED BY I2CI2C HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY AND AGENTSFITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, HEREBY EXPRESSLY DISCLAIM COURSE OF PERFORMANCE OR TRADE USAGE. I2C DOES NOT WARRANT THAT THE PROCESSING SERVICES AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL MEET CLIENT'S NEEDS, OR THAT ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL CAN BE CORRECTED, (III) ANY CONTENT OR THAT OPERATION OF THE PROCESSING SERVICES AND THE SOFTWARE AVAILABLE ON USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) . THE RESULTS FOREGOING EXCEPTIONS ARE AN ESSENTIAL PART OF USING THIS AGREEMENT AND FORMED THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF BASIS FOR DETERMINING THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF FEES TO BE CHARGED FOR THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTPROCESSING SERVICES.

Appears in 1 contract

Samples: Electronic Transaction Processing Services Agreement (Prepaid Card Holdings, Inc.)

Warranty Disclaimer. COMPANY ACCESS TO THE GSMLS SYSTEM AND ITS AFFILIATES, GSMLS DATA (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES ANY AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETOCOMPONENTS THEREOF) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT PROVIDED “AS IS” WITHOUT WARRANTY OF ANY THIRD PARTY RIGHTSKIND. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES GSMLS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY OTHER LEGAL REQUIREMENT. GSMLS DOES NOT WARRANT THAT THE GSMLS DATA FEED AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT GSMLS DATA ARE ERRORFREE, OR REFUND THAT THEY WILL OPERATE IN AN UNINTERRUPTED MANNER OR IN COMBINATION WITH OTHER PRODUCTS. THE EVENT ENTIRE RISK ARISING OUT OF ANY DEFECTTHE USE OF GSMLS DATA REMAINS WITH VENDOR.

Appears in 1 contract

Samples: MLS Data Access Agreement

Warranty Disclaimer. COMPANY Waterford makes no warranty concerning the Subscription Service, Products and Services. ACCORDINGLY, THE SUBSCRIPTION SERVICE, PRODUCTS, Services AND ITS AFFILIATESALL DATA, MATERIALS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED AGREEMENT BY APPLICABLE LAW, THE SERVICES AND CONTENT WATERFORD ARE PROVIDED “AS IS”, ” AND “AS AVAILABLE,AND WITHOUT WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND KIND. WATERFORD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE ACCURACY OR EFFICACY OF THE PRODUCTS AND SERVICES, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY PERSON OR ENTITY THAT CONTRADICT THE TERMS OF THIS THIS SECTION ARE VOID. CUSTOMER IS AND USERS ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SUBSCRIPTION SERVICE, PRODUCTS AND SERVICES. WATERFORD DOES NOT ENTITLED TO REPLACEMENT WARRANT THAT THE SUBSCRIPTION SERVICE, PRODUCTS OR REFUND IN THE EVENT OF ANY DEFECTSERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE.

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS PROVIDED IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND THEIR RESPECTIVE OFFICERSNECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, DIRECTORSANY AND ALL REPRESENTATIONS OR WARRANTIES, EMPLOYEES AND AGENTSEXPRESS OR IMPLIED, HEREBY EXPRESSLY DISCLAIM ALL ORAL OR WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, Processing Services and Digital Banking Technologies, OR ANY COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR AVAILABLE AT FITNESS FOR ANY PARTICULAR TIME PURPOSE DEFINED OR LOCATIONUNDEFINED. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, (II) ANY DEFECTS COURSE OF PERFORMANCE, OR USAGE. NECP DOES NOT WARRANT THAT the Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies WILL MEET CLIENTS NEEDS, OR BE USABLE WITHOUT THE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR Technologies; OR THAT ALL ERRORS WILL CAN BE CORRECTED, (III) ANY CONTENT OR THAT Provision OF THE Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies AND OTHER SOFTWARE AVAILABLE ON or services USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) . THE RESULTS FOREGOING EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF USING THIS AGREEMENT AND FORMED THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSBASIS FOR DETERMINING THE CHARGES. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT.CLIENT: _______ NECP: _______ 16 of 27

Appears in 1 contract

Samples: Digital Banking Platform Operating Agreement (AppTech Corp.)

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OR 6&+('8/( ³&´ %/8O(T&R$E7PR ES'E2NT(6OR W1ARRANT THAT THE BLUECAT OFFERINGS, AND THEIR RESPECTIVE OFFICERSAPPLIANCES, DIRECTORSMANAGED SERVICES, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) THE HOSTED SERVICES OR PROFESSIONAL SERVICES WILL BE SECURE UNINTERRUPTED OR AVAILABLE AT ERROR FREE OR THAT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS ALL ERRORS CAN OR ERRORS WILL BE CORRECTED, (III) ; NOR DOES IT MAKE ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) WARRANTY AS TO THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S THAT MAY BE OBTAINED FROM USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (VI) IMPLIED WARRANTES ANY OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTSTHEM. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 3.2 7+,6 6(&7,21 $1' 6&+(' BLUECAT OFFERINGS, TO THE ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE 3529,'(' ³$6 ,6´ $1' ³$6 $9$,/ MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY GENERALITY OF ANY KIND AND OF THE FOREGOING, BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR ,1)250$7,21 3529,'(' 72 &86720(5 ,1 &211(&7,21 :,7 OF THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR PROFESSIONAL SERVICES IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF FOR ANY DEFECTPURPOSE WHATSOEVER.

Appears in 1 contract

Samples: Master Agreement

Warranty Disclaimer. COMPANY AND ITS AFFILIATESEXCEPT AS STATED EXPRESSLY HEREIN, THE SERVICE, THE DOCUMENTATION, AND THEIR RESPECTIVE OFFICERSANY SERVICES PROVIDED BY ARRYVED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, DIRECTORSARRYVED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EMPLOYEES WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND AGENTS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES THAT: (I) FITNESS FOR A PARTICULAR PURPOSE. ARRYVED DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE SERVICES SERVICE WILL MEET CLIENT’S REǪUIREMENTS; THAT ACCESS TO OR OPERATION OR USE OF THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATEUNINTERRUPTED, ERROR-FREE, APPROPRIATEOR VIRUS FREE; THAT DEFECTS IN THE SERVICE, COMPLIANTIF ANY, WILL BE CORRECTED; OR THAT RESULTS WILL BE TIMELY, ACCURATE, ADEǪUATE OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S ARRYVED DOES NOT WARRANT OR REPRESENT THAT USE OF THE SERVICES SERVICE WILL RESULT IN COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, AND CLIENT UNDERSTANDS THAT IT IS SOLELY AT CUSTOMER’S OWN RISK, RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY AND (VI) IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE ALL APPLICABLE LAWS AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECTREGULATIONS.

Appears in 1 contract

Samples: Master Service Agreement

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