Warranty Disclaimers and Liability Limitations. 11.1 You acknowledge that the use of the Service and access to the Site, and all related features available through the Site are provided:
Warranty Disclaimers and Liability Limitations. HONEYWELL SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of HONEYWELL SOFTWARE remains with you. THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF HONEYWELL SOFTWARE OR OTHERWISE ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE) WILL BE THE AMOUNT THAT YOU PAID FOR THE HONEYWELL SOFTWARE. IN ADDITION, IN NO EVENT SHALL HONEYWELL, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HONEYWELL SOFTWARE, OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty Disclaimers and Liability Limitations. THE SYSTEM IS PROVIDED TO YOU “AS IS” AND, EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS (BEING TERMS THAT ARE NOT CONTAINED IN THIS AGREEMENT BUT ARE OTHERWISE INCLUDED BY OPERATION OF LAW OR OTHERWISE), REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ARISING FROM A COURSE OF DEALING, LAW OR TRADE PRACTICE, ARE EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY RESIDEO, ITS SUPPLIERS AND ITS LICENSORS. Because some states or jurisdictions do not permit limitations on certain warranties and representations, the above limitations may not apply in whole or in part to you. You may have additional rights as a consumer that vary from jurisdiction to jurisdiction and which are not specified in this Agreement. RESIDEO IS NOT RESPONSIBLE FOR, AND EXCLUDES ALL LIABILITY FOR, ANY LOSS OR DAMAGE YOU SUFFER THAT IS NOT FORESEEABLE. Loss or damage is foreseeable (and therefore not recoverable) if it is an obvious consequence of Resideo’s breach or if such loss or damage was contemplated by you and Resideo at the time of entering into this Agreement. Neither Resideo nor its third party service providers are liable for your choice of security or fire alarm system installed at your premises or its connection to, or the operation of, your Central Station. Resideo supplies the System to you for use in accordance with this Agreement only. You agree not to use the System for any commercial, business, or re-sale purpose, except to the extent such uses are permitted by this Agreement. You further agree that Resideo bears no responsibility for or liability in respect of loss or damage incurred in relation to (i) the accuracy, completeness, legality, reliability, operability, or availability of and content or information or material provided or accessible through the System; (ii) the deletion, failure to store, accidental disclosure, loss, mis-delivery, or untimely delivery of any information or material; or (iii) breaches of your home security systems, unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of Resideo. Resideo shall not in any event be responsible or liable for information or events over which it has no control, including the content of message boards or other forums connected to the System. EXCEP...
Warranty Disclaimers and Liability Limitations. A. LIMITED WARRANTY.
Warranty Disclaimers and Liability Limitations. Vbsedit, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Adersoft does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Vbsedit. Adersoft does not warrant that the operation of Vbsedit will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including Vbsedit, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Vbsedit covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Adersoft shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Vbsedit. Any liability of Adersoft will be limited exclusively to refund of the license fee paid to Adersoft. Except to the extent expressly prohibited by applicable statutes, in no event shall Adersoft, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Vbsedit, or to your relationship with Adersoft, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Adersoft authorize you or anyone else to use Vbsedit in applications or systems where Vbsedit's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Adersoft harmless from any and all claims or losses relating to such unauthorized use.
Warranty Disclaimers and Liability Limitations. A. Limited Warranty and Disclaimer: Licensor warrants that the [LICENSOR] Product will perform substantially in accordance with the descriptions and specifications in the documentation accompanying such product for a period of ninety (90) days after purchase of the [LICENSOR] Product under normal use. Notwithstanding anything to the contrary, Licensor makes no representation or warranty with respect to any third party software, and undertakes no obligations with respect to any third party software.
Warranty Disclaimers and Liability Limitations. THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND SPARTAN SCIENTIFIC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON- PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, SPARTAN SCIENTIFIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
Warranty Disclaimers and Liability Limitations. 4. GEWÄHRLEISTUNGSAUSSCHLUSS UND HAFTUNGSEINSCHRÄNKUNGEN. The System is provided as is, and with no warranties or representations of any kind, and Honeywell expressly disclaims any express or implied warranties, including warranties of non- infringement, merchantability and fitness for a particular purpose. The entire risk arising out of use, performance or non- performance of the System remains with you. To the fullest extent permitted by law, Honeywell disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the System. Das System wird im vorliegenden Zustand (wie liegt und steht) ohne Gewährleistung oder Zusicherung jeglicher Art bereitgestellt und Honeywell lehnt ausdrücklich sämtliche ausdrücklichen oder stillschweigenden Gewährleistungen ab, einschließlich der Gewährleistungen der Nichtverletzung von Rechten Dritter, der Handelsüblichkeit und der Eignung für einen bestimmten Xxxxx. Das gesamte Risiko im Zusammenhang mit der Nutzung, Leistung oder fehlenden Leistung des Systems liegt bei Ihnen. Soweit gesetzlich zulässig, lehnt Honeywell jegliche Gewährleistung in Bezug auf Sicherheit, Zuverlässigkeit, Pünktlichkeit, Korrektheit und Leistung des Systems ab. Honeywell and its third party service providers have no liability for the choice of products installed at your premises, their installation and connection, or operation by your systems integrator. You expressly understand and agree that Honeywell disclaims any and all responsibility or liability for (1) the accuracy, completeness, legality, reliability, or operability or availability of any content or information or material provided by or accessible through the System; and (2) the use of or inability Honeywell und seine externen Dienstleister haften nicht für die Auswahl der an Ihrem Standort installierten Produkte, ihre Installation und Verbindung oder das Betreiben durch Ihren Systemintegrator. Sie verstehen und stimmen ausdrücklich zu, dass Xxxxxxxxx für Folgendes jegliche Verantwortung oder Haftung ausschließt: (1) Korrektheit, Vollständigkeit, Rechtmäßigkeit, Zuverlässigkeit, Funktionsfähigkeit oder Verfügbarkeit von Inhalten, Informationen oder Materialien, die
Warranty Disclaimers and Liability Limitations. THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, HONEYWELL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
Warranty Disclaimers and Liability Limitations. A. Limited Warranty and Disclaimer. Lexia warrants that the Lexia Application will perform substantially in accordance with the descriptions and specifications in the documentation accompanying the Lexia Application for the term of the relevant license granted in the applicable Order Form, under normal use. Licensor's sole liability and Licensee's sole remedy with respect to a breach of the foregoing warranty by Licensor during the 12-month warranty period shall be, at its option, the repair or replacement of the Lexia Application, or a refund of the fees paid by Licensee pursuant to this Agreement for the unused portion of the Lexia Application subscription term remaining under the applicable Order Form from the date written notice of defect was received by Licensor from Licensee. Notwithstanding anything to the contrary, (a) Licensor makes no representation or warranty with respect to any third party software and undertakes no obligations with respect to any third party software; and (b) Licensor makes no representation or warranty of any kind relating to any Licensee-provided content, its quality or any use thereof.
