Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 2 contracts
Samples: Data License Agreement, Data License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”GUIDE, WITH ALL FAULTS AND TWITTER TELEFLORA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR TITLE, WITH RESPECT TO THE SERVICE, THE EQUIPMENT, ANY RELATED DOCUMENTATION AND MANUALS, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF OTHER SERVICES AND GOODS PROVIDED TO MERCHANT UNDER THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER TELEFLORA DOES NOT REPRESENT OR WARRANT THAT THE TWITTER CONTENT SERVICE, THE EQUIPMENT OR ANY RELATED DOCUMENTATION OR MANUALS, OR ANY OTHER TWITTER PRODUCT GOODS OR SERVICE SERVICES PROVIDED HEREUNDER TO MERCHANT UNDER THIS AGREEMENT WILL MEET ANY OF YOUR MERCHANT’S REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR OTHER PRODUCTS OR SERVICES WILL BE ENTIRELY ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 2 contracts
Samples: Electronic Credit Card Processing Services Agreement, Electronic Credit Card Processing Services Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TWITTER CONTENT IS SERVICES AND ANY DATA AND INFORMATION THAT ARE ACCESSED OR DELIVERED THROUGH OR DERIVED THEREFROM ARE PROVIDED TO YOU “AS IS”, AND EINSIGHTS SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREIN OR ANY OTHER ASPECTS THEREOF. EINSIGHTS (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 EINSIGHTS (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 ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. EINSIGHTS (AND TWITTER ITS LICENSORS, WHERE APPLICABLE) HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT NON-‐ INFRINGEMENT TO THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Warranty Disclaimer. TO THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH ALL FAULTS AND TWITTER EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATION LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENTNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DYNATRACE DOES NOT WARRANT THAT THE TWITTER CONTENT DYNATRACE OFFERINGS OR RESULTS OF THE USE THEREOF WILL: (A) OPERATE IN COMBINATION WITH ANY OTHER TWITTER PRODUCT HARDWARE, SOFTWARE, SYSTEM OR SERVICE PROVIDED HEREUNDER WILL DATA; (B) MEET ANY OF YOUR CUSTOMER’S REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL EXPECTATIONS; (C) BE ERROR-FREE, UNINTERRUPTED, VIRUSERROR-FREE OR SECUREVIRUS-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. THIS DISCLAIMER OF IN ADDITION, DYNATRACE MAKES NO WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED ABOUT ANY THIRD-PARTY PRODUCTS OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)CONTENT.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Warranty Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT AND TO THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES(a) RAPIDSOS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, OR OTHERWISEAS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION (b) RAPIDSOS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, OR ANY WARRANTIES REPRESENTATION OR CONDITIONS WARRANTY ARISING OUT BY USAGE OF THIS AGREEMENTTRADED, COURSE OF DEALING DEALING, OR USAGE COURSE OF TRADE. TWITTER PERFORMANCE, AND, (c) RAPIDSOS DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ARE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURETHAT THE OPERATION OF ANY PARTY’S SERVICES OR PROPRIETARY TECHNOLOGY, WILL BE SECURE OR UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY MAY NOTWITHSTANDING ANYTHING TO THE CONTRARY, RAPIDSOS SHALL HAVE NO OBLIGATION OR ANY LIABILITY TO ANY THIRD PARTY HEREUNDER. Agency AGREES THAT RAPIDSOS CANNOT CONTROL THE MANNER IN WHICH EMERGENCY SERVICES ARE RENDERED, AND THEREFORE CANNOT AND DOES NOT BE VALID GUARANTEE THAT EMERGENCY SERVICE PROVIDERS WILL PERFORM IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED ANY WAY OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM WILL UTILIZE THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)INFORMATION PROVIDED.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE TWITTER CONTENT IS PROVIDED CONTRARY AND TO YOU THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYNXSPRING PROVIDES THE PRODUCT SOFTWARE “AS AS-IS”, WITH ALL FAULTS ” AND TWITTER DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES OR CONDITIONS ARISING OUT NON-INFRINGEMENT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADETHIRD-PARTY RIGHTS. TWITTER LYNXSPRING DOES NOT WARRANT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. LYNXSPRING MAKES NO WARRANTY THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER SOFTWARE WILL MEET ANY BE UNINTERRUPTED, FREE OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT VIRUSES OR OTHER PRODUCTS HARMFUL CODE, TIMELY, SECURE, OR SERVICES WILL BE ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), UNINTERRUPTEDTHE PRODUCT SOFTWARE, VIRUS-FREE AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LYNXSPRING DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR SECURE. THIS DISCLAIMER DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)PRODUCT.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE TWITTER CONTENT IS PROPERTY AND OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS”” BASIS WITHOUT ANY REPRESENTATION, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSOR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES CONDITION OF MERCHANTABILITY, NONINFRINGEMENTMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND ITS FIXTURES PRIOR TO ENTERING INTO THIS AGREEMENT AND THAT YOU ACCEPT THE PROPERTY IN ITS PRESENT CONDITION. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION, QUALITY, SAFETY, OR SUITABILITY OF THE PROPERTY FOR YOUR INTENDED USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE PROPERTY AND OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT AFFILIATES OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).THIRD
Appears in 2 contracts
Samples: Short Term Rental Agreement, Short Term Rental Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS EXCEPT AS EXPRESSLY PROVIDED TO YOU “AS IS”HEREIN, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESNEITHER PARTY (INCLUDING ITS RESPECTIVE LICENSORS OR SUPPLIERS) MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, 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 SPECIFICALLY DISCLAIMS, THAT THE SERVICES WILL BE ACCURATE, WITHOUT INTERRUPTION, OR ERROR-FREE. FURTHER, COVALENT, ITS SUPPLIERS AND LICENSORS PROVIDE NO WARRANTY OR REMEDY FOR ANY THIRD PARTY COMPONENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS AGREEMENTTHE SERVICES; SUCH THIRD PARTY COMPONENTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, COURSE TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)KIND.
Appears in 2 contracts
Samples: Covalent Terms and Conditions, Covalent Terms and Conditions
Warranty Disclaimer. TO THE TWITTER CONTENT IS MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SOFTWARE, AND CONDUCTOR TECHNOLOGIES CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED TO YOU “AS IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS”, " WITH ALL FAULTS FAULTS, WITHOUT ANY WARRANTIES OF ANY KIND. CONDUCTOR TECHNOLOGIES (AND TWITTER DISCLAIMS ITS AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENTTITLE, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, NON-INFRINGEMENT, ERROR-FREE, UNINTERRUPTEDNON-INTERRUPTION, VIRUS-FREE ACCURACY OR SECURECOMPLETENESS OF RESPONSES OR RESULTS, LACK OF VIRUSES OR LACK OF NEGLIGENCE. THIS DISCLAIMER NEITHER CONDUCTOR TECHNOLOGIES NOR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS MAKES ANY WARRANTY AGAINST LOSS OR INACCURACY OF DATA; NOR DOES IT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY NOT BE VALID IN SOME JURISDICTIONS OBTAINED FROM USE OF THE SERVICES. CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN DISCRETION AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)RISK.
Appears in 2 contracts
Warranty Disclaimer. THE TWITTER CONTENT IS PROGRAM PERFORMED BY MIT AND RESOURCES PROVIDED TO YOU “AS IS”, BY THE MEMBER IN ACCORDANCE WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, THE TERMS OF THIS AGREEMENT ARE WITHOUT EXPRESS OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND 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 THIRD PARTIES. ALL MEMBER RESOURCES ARE PROVIDED TO MIT “AS IS” AND 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 OF THE RESULTS OF THE PROGRAM PERFORMED BY MIT HEREUNDER. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, STUDENTS, AGENTS AND AFFILIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY WARRANTIES KIND, INCLUDING ECONOMIC DAMAGES OR CONDITIONS ARISING OUT 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, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 2 contracts
Samples: Consortium Agreement, Consortium Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 OR IN ANY PRODUCT TERMS (AND THEN ONLY IN RESPECT OF THE TWITTER CONTENT IS PRODUCT TO WHICH THOSE TERMS APPLY), ALL PRODUCTS ARE PROVIDED TO YOU “AS AS-IS”, WITH AND OCTOPUS DEPLOY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL FAULTS WARRANTIES AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISEREPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES ANY WARRANTY OF MERCHANTABILITYNON- INFRINGEMENT, NONINFRINGEMENTTITLE, 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 LAW, NEITHER OCTOPUS DEPLOY NOR ANY WARRANTIES OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR CONDITIONS ARISING OUT GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT ANY PRODUCTS OR ANY OTHER TWITTER PRODUCT CONTENT THEREIN OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS GENERATED THEREWITH, OR THAT THAT: (A) THE USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES ANY PRODUCT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCT WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, UNINTERRUPTEDSOFTWARE, VIRUS-FREE SYSTEM, OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).DATA;
Appears in 1 contract
Samples: Customer Agreement
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE TWITTER SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISKS AND LIABILITIES. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED TO YOU ON AN “AS AVAILABLE,” “AS IS”” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRN AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESRESPECT TO THE SERVICE, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, NONINFRINGEMENTQUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. GRN DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING STATEMENTS AVAILABLE ON OR USAGE OF TRADETHROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. TWITTER GRN DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS REQUIREMENTS, OR THAT USE THE OPERATION OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, UNINTERRUPTEDOR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT GRN IS NOT LIABLE FOR THE DEFAMATORY, VIRUSOFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-FREE OR SECURE. THIS DISCLAIMER PARTIES AND THAT THE RISK OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS INJURY FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)FOREGOING RESTS ENTIRELY WITH YOU.
Appears in 1 contract
Samples: Terms of Use Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU “LICENSEE "AS IS”, " AND WITH ALL FAULTS AND TWITTER DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY NON- INFRINGEMENT, AND WARRANTIES OR CONDITIONS ARISING THAT MAY ARISE OUT OF THIS AGREEMENTCOURSE OF DEALING, COURSE OF DEALING PERFORMANCE, USAGE, OR USAGE TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF TRADE. TWITTER DOES NOT WARRANT ANY KIND THAT THE TWITTER CONTENT LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER TWITTER PRODUCT SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICE PROVIDED HEREUNDER WILL SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY OF YOUR REQUIREMENTS PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT USE OF SUCH TWITTER CONTENT ANY ERRORS OR OTHER PRODUCTS DEFECTS CAN OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)CORRECTED.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. Waterford makes no warranty concerning the Subscription Service, Products and Services. ACCORDINGLY, THE TWITTER CONTENT IS SUBSCRIPTION SERVICE, PRODUCTS, Services AND ALL DATA, MATERIALS, AND DOCUMENTATION PROVIDED TO YOU IN CONNECTION WITH THIS AGREEMENT BY WATERFORD ARE PROVIDED “AS IS”, WITH ALL FAULTS ” AND TWITTER “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WATERFORD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYBY OPERATION OF LAW, STATUTE, OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE ACCURACY OR EFFICACY OF THE PRODUCTS AND ANY WARRANTIES SERVICES, OR CONDITIONS ARISING OUT FROM COURSE OF THIS AGREEMENTDEALING, COURSE OF DEALING PERFORMANCE, OR USAGE USE OF TRADE. TWITTER ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY PERSON OR ENTITY THAT CONTRADICT THE TERMS OF THIS THIS SECTION ARE VOID. CUSTOMER AND USERS ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SUBSCRIPTION SERVICE, PRODUCTS AND SERVICES. WATERFORD DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER SUBSCRIPTION SERVICE, PRODUCTS OR SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)FREE.
Appears in 1 contract
Samples: Subscription Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE TWITTER CONTENT IS SERVICES (INCLUDING THE REPORTS) ARE PROVIDED TO YOU “ON AN "AS IS”, WITH ALL FAULTS " AND TWITTER "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADETITLE. TWITTER DOES NOT WARRANT NO WARRANTY IS MADE THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE TIMELY, SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, UNINTERRUPTEDTURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, VIRUS-FREE WORMS, TROJAN HORSES, OR SECUREOTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. THIS DISCLAIMER OF WARRANTY MAY TURNITIN SHALL NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY RESPONSIBLE FOR SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)ACTIVITIES.
Appears in 1 contract
Samples: Master Registration Agreement
Warranty Disclaimer. BUYER UNDERSTANDS AND AGREES THAT, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE TWITTER CONTENT IS PROVIDED TO YOU “ASSETS ARE BEING SOLD "AS IS”, " AND "WHERE IS." WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESDEFECTS, WHETHER WITHOUT RECOURSE BY BUYER, ITS SUCCESSORS AND/OR ASSIGNS, AGAINST SELLER AND WITHOUT COVENANT, REPRESENTATION OR WARRANTY, EXPRESS, IMPLIEDIMPLIED OR STATUTORY WHATSOEVER, STATUTORYAND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, SELLER EXPRESSLY DISCLAIMS AND NEGATES (a) ANY IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES EXPRESS WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR TITLE TO THE ASSETS AND (b) ANY @LIED OR EXPRESS WARRANTY OF MERCHANTABILITY. BUYER HEREBY RELEASES SELLER FROM ANY AND ALL LIABILITY WITH RESPECT TO THE CONDITION OF THE PERSONAL PROPERTY INCLUDED IN THE ASSETS, WHETHER OR NOT CAUSED BY SELLER'S SOLE OR PARTIAL NEGLIGENCE, AND WAIVES ITS RIGHT TO RECOVER FROM SELLER ANY WARRANTIES DAMAGES, CLAIMS, FINES, PENALTIES OR CONDITIONS ARISING OUT EXPENSES, THAT MAY IN ANY WAY BE CONNECTED WITH THE PHYSICAL CONDITION OF THIS AGREEMENTTHE PERSONAL PROPERTY INCLUDED IN THE ASSETS, COURSE OF DEALING WHETHER KNOWN OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)UNKNOWN.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)
Warranty Disclaimer. 1. NEITHER DV NOR ANY ENTITIY IN WHICH DV HOLDS A VOTING INTEREST AND WHICH WAS, HAS BEEN, IS OR WILL BE INVOLVED IN THE TWITTER CONTENT IS PROVIDED PROVISION OF THE DV- SOFTWARE TO YOU THE END USER (“AS IS”, DV-GROUP-ENTITY) ENTER INTO THE LICENSE AGREEMENT WITH THE END USER. ANY AND ALL FAULTS REPRESENTATIONS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISEOTHERWISE WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES TITLE, NON- INFRINGEMENT, OR CONDITIONS ARISING OUT OF THIS AGREEMENTTHE CONTINUOUS, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERRORUNINTERRUPTED, ERROR- FREE, VIRUS-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER SECURE ACCESS TO OR OPERATION OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMEDTHE DV- SOFTWARE ARE HEREBY EXCLUDED.
2. ANY WARRANTY OF DV OR DV GROUP ENTITY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE DV- SOFTWARE IS HEREBY EXCLUDED. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE END USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)ESSENTIAL PURPOSE OF ANY REMEDY.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESTELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIRD PARTY PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FOR THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES, AND SHALL HAVE NO LIABILITY FOR ANY WARRANTIES DELAYS, FAILURES OR CONDITIONS ARISING OUT OF THIS AGREEMENTLOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO ANY THIRD PARTY SOFTWARE, COURSE OF DEALING HARDWARE, OR USAGE OF TRADESERVICES. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR NOR SHALL TELETRACKING HAVE ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS LIABILITY RESULTING FROM THE EFFECTIVE DATE TRANSMISSION OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).DATA BY
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. TO THE TWITTER CONTENT FULLEST EXTENT PERMITTED BY LAW, THE MOBILE APP IS PROVIDED TO YOU ON AN “AS IS”” AND “AS AVAILABLE” BASIS, WITH AND YOU USE IT AT YOUR SOLE RISK. ETQ EXPRESSLY DISCLAIMS ANY AND ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS OTHER WARRANTY ARISING OUT UNDER USAGE OF THIS AGREEMENTTRADE, COURSE OF DEALING CONDUCT OR USAGE OF TRADEOTHERWISE. TWITTER DOES NOT WARRANT WITHOUT LIMITATION, ETQ MAKES NO WARRANTY THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER MOBILE APP WILL MEET ANY OF YOUR REQUIREMENTS OR REQUIREMENTS, THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS THAT THE RESULTS OBTAINED FROM THE EFFECTIVE DATE USE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)THE MOBILE APP WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE MOBILE APP OBTAINED WILL MEET YOUR EXPECTATIONS, OR PRESERVE YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MOBILE APP REMAINS SOLELY WITH YOU.
Appears in 1 contract
Samples: Mobile App Terms and Conditions
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11 ABOVE, THE TWITTER CONTENT IS MATERIALS, OPEN SOURCE SOFTWARE, THIRD PARTY CONTENT, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED TO YOU “AS IS”” WITH NO WARRANTIES WHATSOEVER, WITH EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISEWARRANTIES OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 11, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADETRADE USAGE. TWITTER COMPANY DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER SOFTWARE WILL MEET ANY OF YOUR REQUIREMENTS PERFORM WITHOUT ERROR OR THAT USE OF SUCH TWITTER CONTENT THE SOFTWARE OR OTHER PRODUCTS OR SERVICES MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE UNINTERRUPTED OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. THIS DISCLAIMER COMPANY PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (A) A MODIFICATION OF WARRANTY MAY THE SOFTWARE MADE BY ANYONE OTHER THAN COMPANY; OR (B) USE OF THE SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT BE VALID AUTHORIZED IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED THE SPECIFICATIONS OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)SPECIFICATIONS OR DOCUMENTATION.
Appears in 1 contract
Samples: Software License Agreement
Warranty Disclaimer. TO THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”FULL EXTENT ALLOWED BY LAW, WITH THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL FAULTS AND TWITTER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSTERMS OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORYEITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT AND QUIET ENJOYMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXPANDER NEITHER ASSUMES NOR AUTHORIZES ANY WARRANTIES OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR CONDITIONS ARISING OUT USE OF THIS AGREEMENT, COURSE OF DEALING PRODUCT. EXPANDER SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR USAGE OF TRADE. TWITTER MALFUNCTION IN THE PRODUCT DOES NOT WARRANT THAT THE TWITTER CONTENT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY OTHER TWITTER PRODUCT THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).MODIFY
Appears in 1 contract
Samples: Warranty Agreement
Warranty Disclaimer. EVIGIA PROVIDES THE TWITTER CONTENT IS PROVIDED TO YOU “APPLICATIONS "AS IS”" AND WITHOUT WARRANTY OF ANY KIND, WITH ALL FAULTS AND TWITTER AND, EXCEPT FOR BODILY INJURY, EVIGIA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERRORNON-FREE, UNINTERRUPTED, VIRUS-FREE OR SECUREINFRINGEMENT. THIS DISCLAIMER OF WARRANTY MAY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL EVIGIA OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES; (II) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (III) FOR ANY MATTERS BEYOND ITS REASONABLE CONTROL. EVIGIA SHALL NOT BE VALID LIABLE FOR DIRECT DAMAGES IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY EXCESS OF ONE HUNDRED US DOLLARS (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE$100).
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 14 (a) ABOVE, THE TWITTER CONTENT IS SERVICES (INCLUDING THE REPORTS) ARE PROVIDED TO YOU “ON AN "AS IS”, WITH ALL FAULTS " AND TWITTER "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADETITLE. TWITTER DOES NOT WARRANT NO WARRANTY IS MADE THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE TIMELY, SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, UNINTERRUPTEDXXXXXXXX’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY NEW YORK LAW. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, VIRUS-FREE WORMS, TROJAN HORSES, OR SECUREOTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. THIS DISCLAIMER OF WARRANTY MAY TURNITIN SHALL NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY RESPONSIBLE FOR SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)ACTIVITIES.
Appears in 1 contract
Samples: Master Registration Agreement
Warranty Disclaimer. THE TWITTER CONTENT SYSTEM IS PROVIDED BY THE COMPANY ON AN "AS-IS" BASIS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU “AS IS”ARE RESIDENT, WITH ALL FAULTS THE COMPANY HEREBY EXCLUDES AND TWITTER DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIEDWRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR OTHERWISEIMPLIED, INCLUDING (WITHOUT LIMITATION LIMITATION), IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND OR OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR CONDITIONS ARISING OUT OF THIS AGREEMENTOTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE END USER, COURSE OF DEALING OR USAGE OF TRADEWHICH SHALL BE YOUR SOLE RESPONSIBILITY. TWITTER YOU EXPRESSLY AGREE THAT THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OPERATION OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES THE SYSTEM WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EACH PARTY EXPRESSLY UNDERSTANDS AND AGREES THAT:
(a) THE TWITTER CONTENT IS USE OF THE SERVICES AS CONTEMPLATED BY THIS AGREEMENT ARE AT THE RECIPIENT'S SOLE RISK. THE SERVICES ARE PROVIDED TO YOU “ON AN "AS IS”, WITH ALL FAULTS " AND TWITTER "AS AVAILABLE" BASIS. EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT.
(b) NEITHER PARTY MAKES ANY WARRANTIES REPRESENTATION OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT WARRANTY THAT (I) THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR THE OTHER'S REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, UNINTERRUPTED(III) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE , VIRUS-FREE (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT OTHER MATERIAL WILL MEET A PARTY'S EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED CORRECTED;
(c) ANY MATERIAL OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AS A RESULT OF THIS AGREEMENT IS DONE AT EACH PARTY'S OWN DISCRETION AND RISK;
(UNLESS SUCH LAW PROVIDES OTHERWISE)d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY TRADEDIRECT FROM SEG OR BY SEG FROM TRADEDIRECT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Appears in 1 contract
Warranty Disclaimer. THE TWITTER CONTENT IS SERVICE, CLIENT SOFTWARE, AND THIRD-PARTY SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”" BASIS, WITH ALL FAULTS AND TWITTER WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, AND OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY WARRANTIES CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONDITIONS PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES WHATSOEVER ARISING OUT OF THIS AGREEMENTTHE USE OR INABILITY TO USE THE CLIENT SOFTWARE, COURSE THIRD-PARTY SOFTWARE, OR THE SERVICE, ) ("LOSSES"), HOWEVER CAUSED AND ON ANY THEORY OF DEALING LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, FUNDAMENTAL BREACH, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR USAGE OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE POSSIBILITY OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURELOSSES. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY DO NOT BE WAIVED ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).EXCLUSION OR LIMITATION OF
Appears in 1 contract
Samples: Product Schedule
Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “EXCEPT AS IS”EXPRESSLY STATED HEREIN, WITH ALL FAULTS NEITHER PARTY OR ITS AFFILIATES MAKE ANY EXPRESS WARRANTIES, AND TWITTER EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER EXPRESSTO THE OTHER PARTY OR ANY THIRD PARTY, IMPLIEDINCLUDING, STATUTORYWITHOUT LIMITATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENTQUIET ENJOYMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, COURSE OF DEALING OR USAGE OF TRADE. TWITTER T-MOBILE PROVIDES THE SERVICE (INCLUDING ALL ROAMING AND OTHER SERVICES) AND THE FACILITIES “AS IS” AND “WHERE IS.” T-MOBILE DOES NOT WARRANT GUARANTEE THAT ALL EQUIPMENT WILL WORK CORRECTLY (OR AT ALL) WITH THE TWITTER CONTENT T-MOBILE NETWORK OR ANY OTHER TWITTER PRODUCT OR SERVICE THE SERVICE, AND EXCEPT AS SPECIFICALLY PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)T-MOBILE WILL HAVE NO LIABILITY OR 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 FAILURE, 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)
Warranty Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE TWITTER CONTENT IS OFFERING AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY PIINPOINT TO YOU CUSTOMER ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND TWITTER WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. PIINPOINT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYCOLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR OTHERWISECONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER PIINPOINT DOES NOT WARRANT THAT THE TWITTER CONTENT OFFERING WILL OPERATE WITHOUT INTERRUPTION OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF ANY OF YOUR REQUIREMENTS THE FOREGOING, PIINPOINT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF SUCH TWITTER CONTENT THE SERVICES (INCLUDING ALERTS AND RECOMMENDATIONS) IS ACCURATE, OR OTHER PRODUCTS CAN OR SERVICES WILL SHOULD BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. RELIED UPON BY CUSTOMER FOR ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)PURPOSE WHATSOEVER.
Appears in 1 contract
Samples: Services Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS SERVICE, CLIENT SOFTWARE, AND THIRD-PARTY SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”" BASIS, WITH ALL FAULTS AND TWITTER WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, AND OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY WARRANTIES CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONDITIONS PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES WHATSOEVER ARISING OUT OF THIS AGREEMENTTHE USE OR INABILITY TO USE THE CLIENT SOFTWARE, COURSE THIRD-PARTY SOFTWARE, OR THE SERVICE, ) ("LOSSES"), HOWEVER CAUSED AND ON ANY THEORY OF DEALING LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, FUNDAMENTAL BREACH, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR USAGE OTHERWISE EVEN IF INTERMEDIA HAS BEEN ADVISED OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE POSSIBILITY OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURELOSSES. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY DO NOT BE WAIVED ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).EXCLUSION OR LIMITATION OF
Appears in 1 contract
Samples: Product Schedule
Warranty Disclaimer. THE TWITTER CONTENT IS EXCEPT AS PROVIDED TO YOU “AS IS”IN SECTION 15.1 HEREIN, THIS AGREEMENT EXCLUDES, AND i2c HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYRESPECT TO THE PROCESSING SERVICES, OR OTHERWISETHE SOFTWARE USED IN CONNECTION WITH SUCH SERVICES, OR ANY COMPONENTS OR PORTIONS THEREOF, OR OTHER GOODS OR SERVICES PROVIDED BY I2CI2C HEREUNDER, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYQUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND . NOR ARE THERE ANY WARRANTIES OR CONDITIONS ARISING OUT CREATED BY A COURSE OF THIS AGREEMENTDEALING, COURSE OF DEALING PERFORMANCE OR USAGE OF TRADETRADE USAGE. TWITTER I2C DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER PROCESSING SERVICES AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL MEET ANY OF YOUR REQUIREMENTS CLIENT'S NEEDS, OR THAT USE ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR THE PROCESSING SERVICES AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE FOREGOING EXCEPTIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)AND FORMED THE BASIS FOR DETERMINING THE FEES TO BE CHARGED FOR THE PROCESSING SERVICES.
Appears in 1 contract
Samples: Electronic Transaction Processing Services Agreement (Prepaid Card Holdings, Inc.)
Warranty Disclaimer. KLAS warrants that the SOFTWARE will, for a period of sixty (60) days from the date of your receipt, perform substantially in accordance with SOFTWARE written materials accompanying it. EXCEPT AS EXPRESSLY SET FORTH IN THE TWITTER CONTENT IS PROVIDED TO YOU “FOREGOING, KLAS PROVIDES THE SOFTWARE "AS IS”" AND WITHOUT WARRANTY OF ANY KIND, WITH ALL FAULTS AND TWITTER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDWITHOUT LIMITATION, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON-INTERFERANCE AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENTNON- INFRINGEMENT. FURTHER, COURSE OF DEALING OR USAGE OF TRADE. TWITTER KLAS DOES NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER SOFTWARE WILL MEET ANY OF YOUR REQUIREMENTS BE FREE FROM BUGS OR THAT IT’S USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREEUNINTERRUPTED OR THAT THE SOFTWARE OR WRITTEN MATERIALS WILL BE CORRECT, UNINTERRUPTEDACCURATE, VIRUS-FREE OR SECURERELIABLE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AGREEMENT. SHOULD THE SOFTWARE PROVE DEFECTIVE FOLLOWING LICENSE, ORDERING ACTIVITY (UNLESS SUCH LAW PROVIDES OTHERWISE)AND NOT KLAS) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR, EXCEPT AS MAY OTHERWISE BE PROVIDED BY A KLAS RESELLER OR SUPPORT PROVIDER.
Appears in 1 contract
Samples: End User Software License Agreement
Warranty Disclaimer. TO THE TWITTER CONTENT IS FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “"AS IS”, ," "AS AVAILABLE," AND "WITH ALL FAULTS AND TWITTER DISCLAIMS 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, EXPRESS OR IMPLIED, STATUTORYSTATUTORY 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 OTHERWISEOPERATE THEM IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) ANY STORED DATA INCLUDING WITHOUT LIMITATION 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 OF INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)SATISFACTORY QUALITY.
Appears in 1 contract
Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESEXPRESS WARRANTIES SPECIFIED HEREIN ARE THE ONLY WARRANTIES MADE BY OWNER OR OWNER’S LICENSORS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER EXPRESS, IMPLIED, STATUTORY, MADE BY OWNER OR ANOTHER OR OTHERWISE, THAT IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OWNER OR OWNER’S LICENSORS. OWNER AND OWNER’S LICENSORS FURTHER DISCLAIM AND CLIENT HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR XXXX, THE LICENSED PROPERTY, OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A INTENDED USE, OR PARTICULAR PURPOSE, OR NON- INFRINGEMENT. EACH PARTY WAIVES ANY LIABILITY OF THE OTHER PARTY (AND CLIENT WAIVES WITH RESPECT TO OWNER’S LICENSORS, CONTRACTORS, AND OWNERS) IN NEGLIGENCE, TORT, AND STRICT LIABILITY ARISING FROM ANY WARRANTIES ACT OR CONDITIONS ARISING OUT OMISSION OF THE OTHER PARTY IN THE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, COURSE EXCEPT AS AND TO THE EXTENT THAT SUCH LIABILITY ARISES OUT OF DEALING THE GROSS NEGLIGENCE OR USAGE WILLFUL MISCONDUCT OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)PARTY.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS ALL LICENSOR PROPERTIES ARE PROVIDED TO YOU “AS IS”, WITH ALL FAULTS ” AND TWITTER LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION . LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY NON- INFRINGEMENT, AND ALL WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, FROM COURSE OF DEALING DEALING, USAGE, OR USAGE TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY, XXXXXXXX MAKES NO WARRANTY OF TRADE. TWITTER DOES NOT WARRANT ANY KIND THAT THE TWITTER CONTENT LICENSOR PROPERTIES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THIRD PARTY DEALER’S OR ANY OTHER TWITTER PRODUCT PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR SERVICE PROVIDED HEREUNDER WILL MEET WORK WITH ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT SOFTWARE, SYSTEM, OR OTHER PRODUCTS SERVICES, OR SERVICES WILL BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM REPRESENTATIONS AND WARRANTIES OF OR RELATING TO THE EFFECTIVE DATE SOFTWARE MADE TO END USERS ARE MADE SOLELY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)THE END USER’S XXXX. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS.”
Appears in 1 contract
Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”QTI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, RESPECT TO THE SOFTWARE OR OTHERWISEANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WARRANTIES BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT, AND OR ANY WARRANTIES EXPRESS OR CONDITIONS IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT, TRADE USAGE OR OUT OF A COURSE OF DEALING OR USAGE COURSE OF TRADEPERFORMANCE. TWITTER DOES NOT WARRANT THAT NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS (I) A WARRANTY OR REPRESENTATION BY QTI AS TO THE TWITTER CONTENT VALIDITY OR SCOPE OF ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT PATENT, COPYRIGHT OR OTHER PRODUCTS INTELLECTUAL PROPERTY RIGHT OR SERVICES (II) A WARRANTY OR REPRESENTATION BY QTI THAT ANY MANUFACTURE OR USE WILL BE ERROR-FREEFREE FROM INFRINGEMENT OF PATENTS, UNINTERRUPTEDCOPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, VIRUS-FREE OR SECUREAND IT SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).OTI Confidential/Proprietary
Appears in 1 contract
Warranty Disclaimer. EXCEPT AS STATED EXPRESSLY HEREIN, THE TWITTER CONTENT IS SERVICE, THE DOCUMENTATION, AND ANY SERVICES PROVIDED TO YOU BY ARRYVED UNDER THIS AGREEMENT ARE PROVIDED “AS IS”” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WITH ALL FAULTS AND TWITTER ARRYVED EXPRESSLY DISCLAIMS ALL WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER ARRYVED DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS CLIENT’S REǪUIREMENTS; THAT ACCESS TO OR THAT OPERATION OR USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, UNINTERRUPTEDOR VIRUS FREE; THAT DEFECTS IN THE SERVICE, VIRUS-FREE IF ANY, WILL BE CORRECTED; OR SECURETHAT RESULTS WILL BE TIMELY, ACCURATE, ADEǪUATE OR COMPLETE. THIS DISCLAIMER ARRYVED DOES NOT WARRANT OR REPRESENT THAT USE OF WARRANTY MAY NOT BE VALID THE SERVICE WILL RESULT IN SOME JURISDICTIONS COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. CLIENT UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)AND ALL APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Samples: Master Service Agreement
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”AGREEMENT, WITH ALL FAULTS BLUIP AND TWITTER BLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, WHETHER EXPRESSBLUIP COMMUNICATIONS SERVICE, SOFTWARE, INITIAL SERVICE ITEMS, PROFESSIONAL SERVICES AND EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN "AS IS" ‘WHERE IS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO THOSE RELATED TO ACCURACY, DURABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES TITLE, NON-INFRINGEMENT OR CONDITIONS THOSE ARISING OUT OF THIS AGREEMENT, FROM COURSE OF DEALING OR DEALING, CUSTOM USAGE OF TRADETRADE OR PRIOR DEALING. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT BLUIP MAKES NO REPRESENTATIONS OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR WARRANTIES THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE TIMELY, COMPLETE, OR SECUREERROR- FREE. THIS DISCLAIMER OF WARRANTY MAY CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN OR PROVIDED BY BLUIP, OR BLUIP’S RELATED PARTIES, SHALL NOT BE VALID DEEMED TO CREATE OR IN SOME JURISDICTIONS ANY WAY, INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN, AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY THAT CUSTOMER SHALL NOT BE WAIVED OR DISCLAIMED. RELY ON ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)INFORMATION OR ADVICE.
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND TWITTER AIRONET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESSED OR IMPLIED, STATUTORYWITH RESPECT TO THE AIRONET PROPRIETARY RIGHTS, AND TELXON DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE TELXON PROPRIETARY RIGHTS, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER REPRESENTS OR WARRANTS: (A) THAT ANY PATENTS WILL ISSUE UNDER ANY PATENT APPLICATIONS INCLUDED IN ITS PROPRIETARY RIGHTS; (B) THE SCOPE, COVERAGE, VALIDITY OR ENFORCEABILITY OF ANY PROPRIETARY RIGHTS; (C) THAT PRACTICE OF THE METHODS OR THE MAKING, SELLING OR USING OF PRODUCTS COVERED BY ANY OF THE PROPRIETARY RIGHTS WILL NOT INFRINGE ANY OTHER PARTY'S PROPRIETARY RIGHTS; OR (D) ANY OTHER MATTER WITH RESPECT TO THE PROPRIETARY RIGHTS, WHETHER EXPRESS OR IMPLIED OR ARISING UNDER ANY STATUTE OR FROM ANY COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 1 contract
Samples: Cross Covenant Not to Sue (Aironet Wireless Communications Inc)
Warranty Disclaimer. THE TWITTER CONTENT IS SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU LICENSEE “AS IS”, ” AND WITH ALL FAULTS AND TWITTER DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMPERE, 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 SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY NON-INFRINGEMENT, AND WARRANTIES OR CONDITIONS ARISING THAT MAY ARISE OUT OF THIS AGREEMENTCOURSE OF DEALING, COURSE OF DEALING PERFORMANCE, USAGE, OR USAGE TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, AMPERE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF TRADE. TWITTER DOES NOT WARRANT ANY KIND THAT THE TWITTER CONTENT LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER TWITTER PRODUCT SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICE PROVIDED HEREUNDER WILL SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY OF YOUR REQUIREMENTS PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT USE OF SUCH TWITTER CONTENT ANY ERRORS OR OTHER PRODUCTS DEFECTS CAN OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)CORRECTED.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. LICENSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, ------------------- EXPRESS OR IMPLIED, AS TO THE TWITTER CONTENT IS PROVIDED RESULTS TO YOU “AS IS”BE EXPECTED FROM USE OF ANY OF THE INVENTIONS CONTAINED IN THE TECHNOLOGY OR FROM MANUFACTURE OR SALE OF ANY PRODUCT, WITH ALL FAULTS AND TWITTER LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND GUARANTEES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE, AND ITS SUBLICENSEE OR TO OTHERS FOR THE ABILITY OF LICENSEE OR ITS SUBLICENSEE TO USE THE TECHNOLOGY; FOR THE QUALITY, QUANTITY OR PERFORMANCE OF ANY WARRANTIES PRODUCTS MANUFACTURED UNDER THE TECHNOLOGY; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR CONDITIONS ARISING OUT SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF THIS AGREEMENTANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ITS SUBLICENSEE FOR ANY DAMAGES, COURSE OF DEALING INCLUDING ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OR OTHERWISE).
Appears in 1 contract
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 6 OR SCHEDULE “C”, THE TWITTER CONTENT IS SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, THIRD PARTY TOOLS, AND PROFESSIONAL SERVICES ARE PROVIDED TO YOU “AS IS”” AND AS AVAILABLE AND, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO REPRESENTATIONS OR WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED (WHETHER EXPRESSARISING UNDER COMMON LAW, IMPLIEDSTATUTE, STATUTORYCOURSE OF DEALING OR TRADE, OR OTHERWISE) RELATING TO THE SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, INCLUDING WITHOUT LIMITATION WARRANTIES THIRD PARTY TOOLS, AND PROFESSIONAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, NONINFRINGEMENTMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES NON-INFRINGEMENT, CURRENCY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, UNINTERRUPTED USE, OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT SOFTWARE PRODUCT AND CLOUD SERVICES OFFERINGS, THIRD PARTY TOOLS AND PROFESSIONAL SERVICES ARE OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-ERROR FREE OR VIRUS FREE, UNINTERRUPTEDOR WILL ACHIEVE ANY INTENDED RESULT. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, VIRUS-FREE WARRANTY OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)CONDITION.
Appears in 1 contract
Samples: Master Agreement
Warranty Disclaimer. THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIESEXPRESS WARRANTIES SPECIFIED HEREIN ARE THE ONLY WARRANTIES MADE BY OWNER OR OWNER’S LICENSORS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER EXPRESS, IMPLIED, STATUTORY, MADE BY OWNER OR ANOTHER OR OTHERWISE, THAT IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OWNER OR OWNER’S LICENSORS. OWNER AND OWNER’S LICENSORS FURTHER DISCLAIM AND CLIENT HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR XXXX 5, THE LICENSED PROPERTY, OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A INTENDED USE, OR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EACH PARTY WAIVES ANY LIABILITY OF THE OTHER PARTY (AND CLIENT WAIVES WITH RESPECT TO OWNER’S LICENSORS, CONTRACTORS, AND OWNERS) IN NEGLIGENCE, TORT, AND STRICT LIABILITY ARISING FROM ANY WARRANTIES ACT OR CONDITIONS ARISING OUT OMISSION OF THE OTHER PARTY IN THE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, COURSE EXCEPT AS AND TO THE EXTENT THAT SUCH LIABILITY ARISES OUT OF DEALING THE GROSS NEGLIGENCE OR USAGE WILLFUL MISCONDUCT OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)PARTY.
Appears in 1 contract
Samples: End User License Agreement
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”AGREEMENT, WITH ALL FAULTS BLUIP AND TWITTER BLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, WHETHER EXPRESSBLUIP COMMUNICATIONS SERVICE, SOFTWARE, INITIAL SERVICE ITEMS, PROFESSIONAL SERVICES AND EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN "AS IS" ‘WHERE IS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO THOSE RELATED TO ACCURACY, DURABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES TITLE, NON- INFRINGEMENT OR CONDITIONS THOSE ARISING OUT OF THIS AGREEMENT, FROM COURSE OF DEALING OR DEALING, CUSTOM USAGE OF TRADETRADE OR PRIOR DEALING. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT BLUIP MAKES NO REPRESENTATIONS OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR WARRANTIES THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN OR PROVIDED BY BLUIP, UNINTERRUPTEDOR BLUIP’S RELATED PARTIES, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY SHALL NOT BE VALID DEEMED TO CREATE OR IN SOME JURISDICTIONS ANY WAY, INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN, AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY THAT CUSTOMER SHALL NOT BE WAIVED OR DISCLAIMED. RELY ON ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)INFORMATION OR ADVICE.
Appears in 1 contract
Samples: Master Subscription Agreement
Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT THE TWITTER CONTENT EQUIPMENT IS PROVIDED TO YOU HEREUNDER ARE PROVIDED ON “AS IS”” AND “AS AVAILABLE” BASIS ONLY, WITH WITHOUT WARRANTY OF ANY KIND, AND ALL FAULTS AND TWITTER DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, WHETHER EXPRESSCONDITIONS, IMPLIED, STATUTORY, OR OTHERWISEREPRESENTATIONS, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, THE CONDITION OF THE EQUIPMENT, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND ANY WARRANTIES NONINFRINGEMENT OR CONDITIONS WARRANTY ARISING OUT OF THIS AGREEMENTCOURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADEOR TRADE ARE EXCLUDED BY SCALE CALIBRATORS. TWITTER SCALE CALIBRATORS DOES NOT WARRANT THAT THE TWITTER CONTENT SYSTEMS OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER EQUIPMENT WILL MEET THE REQUIREMENTS OF ANY OF YOUR REQUIREMENTS PERSON AND OPERATE ON AN UNINTERRUPTED OR THAT USE OF SUCH TWITTER CONTENT ERROR -FREE BASIS. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OTHER PRODUCTS OMISSIONS TAKEN OR SERVICES WILL BE ERROR-FREEMADE IN RELIANCE ON THE EQUIPMENT AND / OR SYSTEM OR THE INFORMATION CONTAINED THEREIN, UNINTERRUPTEDINCLUDING INACCURATE OR INCOMPLETE INFORMATION. ADDITIONALLY, VIRUS-FREE SCALE CALIBRATORS MAKES NO REPRESENTATIONS OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY WARRANTIES CONCERNING CUSTOMER'S REIMBURSEMENT FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)PROCEDURES.
Appears in 1 contract
Samples: Equipment Rental Agreement
Warranty Disclaimer. 10.1 LICENSOR DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE TWITTER CONTENT PORTAL WILL BE ERROR FREE, BUG-FREE, VIRUS-FREE OR THAT ALL ERRORS WILL BE CORRECTED. LICENSOR IS PROVIDED TO YOU PROVIDING THE PORTAL AND SERVICES HEREUNDER ON AN “AS IS”” BASIS AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WITH ALL FAULTS AND TWITTER LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, AND MAKES NO WARRANTIES, WHETHER EXPRESSREPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORYIN FACT OR IN LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR OTHERWISEQUALITY, INCLUDING WITHOUT LIMITATION AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENTSUITABILITY, SYSTEM INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE, AND OR THE ABSENCE OF ANY WARRANTIES DEFECTS, WHETHER LATENT OR CONDITIONS ARISING OUT PATENT . NO WARRANTY IS MADE BY DEMATIC ON THE BASIS OF THIS AGREEMENTTRADE USAGE, COURSE OF DEALING OR USAGE COURSE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Appears in 1 contract
Samples: Supplier Portal License Agreement
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TWITTER CONTENT IS SERVICES AND ANY DATA AND INFORMATION THAT ARE ACCESSED OR DELIVERED THROUGH OR DERIVED THEREFROM ARE PROVIDED TO YOU “AS IS”, AND EINSIGHTS SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREIN OR ANY OTHER ASPECTS THEREOF. EINSIGHTS (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 EINSIGHTS (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 ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. EINSIGHTS (AND TWITTER ITS LICENSORS, WHERE APPLICABLE) HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT NON-‐INFRINGEMENT TO THE TWITTER CONTENT OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE)MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Service