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:
(a) on an “as is” and “as available” basis,
(b) at your sole risk and
(c) without representations or warranties of any kind, either express or implied, and all warranties, whether express or implied, are excluded including implied warranties of merchantability and fitness for a particular purpose.
11.2 To the maximum extent permitted by law, in no circumstances (including negligence) will Crossware, our related companies and affiliates or our or their officers, employees, advisers, partners, agents or suppliers, be liable for any:
(a) Sort of damages that result from: - any of your Information, - your reliance on the Site, or - the use of or access to, or the inability to use or access the Site, or - the loss of any data or Information;
(b) Indirect damage (including punitive damages), loss (including loss of use, data, profits, business or any economic loss) or cost (including legal and lawyer/client costs) caused or contributed to by us or them in relation to these Terms.
11.3 You warrant that you are using this Site or the Service for the purposes of a business, and acknowledge and agree that any consumer related warranties, conditions or guarantees whether express or implied by any legislation or general law are hereby expressly excluded.
11.4 If for any reason the disclaimers or exclusion of liability contained in this clause 11 cannot be relied upon by Crossware or any other party referred to in this clause due to mandatory laws in other jurisdictions, then the sole and exclusive remedy for the breach of any implied warranty or condition shall be at Crossware’s sole discretion:
(a) Re-supplying the Services again,
(b) Refunding you 10% of the total amount actually received by Crossware in respect of Fees for the Service in the 12 month period immediately preceding the month in which liability arises; or
(c) Terminating your registration and/or these Terms.
11.5 Our total aggregate liability to you or anyone else using the Service or the Site in respect of any one incident or series of connected incidents, for damages, losses, and causes of action (whether in contract, tort, including negligence, under statute or otherwise), will not exceed the total Fees actually paid by you to us in the 12 months preceding the month in which the liability arises.
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. THIS SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS, AND THE APP IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SUPPLIERS 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 THE APP REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR RECEIVED THROUGH ANY LINKS PROVIDED, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE APP OR THROUGH ANY LINKS PROVIDED BY THE APP. THE SUPPLIERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE APP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUPPLIERS DISCLAIM 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 APP; OR
Warranty Disclaimers and Liability Limitations. A. LIMITED WARRANTY.
Warranty Disclaimers and Liability Limitations. 4. GEWÄHRLEISTUNGSAUSSCHLUSS UND HAFTUNGSEINSCHRÄNKUNGEN.
Warranty Disclaimers and Liability Limitations. 5.1. CUSTOMER understands that a properly installed and maintained alarm, Subscriber equipment, and the ALARMNET Services may only reduce the risk of burglary, robbery, fire or otherwise without warning, but it is not insurance or a guarantee that any such burglary, robbery, fire or otherwise will not occur or that there will be no personal injury or property loss as a result. ALARMNET warrants that it shall use its commercially reasonable efforts to remedy any interruptions to the ALARMNET Services in a reasonable period of time however; there is no guarantee of uninterrupted service. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. 5.2. THE SERVICES ARE PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND ALARMNET 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 SERVICES remains with SUBSCRIBER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALARMNET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES.
Warranty Disclaimers and Liability Limitations. 6.1 Crossware Mail Signature and any and all accompanying software, files, data and materials, are distributed and provided “AS IS” and with no warranties of any kind, whether expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Crossware Limited nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Crossware Mail Signature. Neither Crossware Limited nor any of its affiliates or licensors warrant that the operation of Crossware Mail Signature will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including Crossware Mail Signature, 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 Crossware Mail Signature covered by this Licence. This disclaimer of warranty constitutes an essential part of this Licence.
6.2 Except to the extent expressly prohibited by applicable law, Crossware Limited, its affiliates and licensors shall not be liable in contract, tort, including negligence or otherwise to you for any direct or indirect damage, loss (including loss of use, data, profits, business, or any economic loss) or cost caused by or contributed to by any act or omission of Crossware Limited or arising out of the use of, or inability to use, Crossware Mail Signature
6.3 Some jurisdictions do not allow the exclusion of certain implied warranties or conditions, so the above exclusions may not apply to you. This Licence does not exclude any implied warranties or conditions that may not under applicable law be excluded. The sole and exclusive remedy for the breach of any such implied warranty or condition shall be, at Crossware Limited’s discretion, the replacement of the defective software or a refund of the Licence fee.
6.4 The maximum aggregate liability of Crossware Limited, its affiliates or licensors to you shall not, in any circumstance, exceed the Licence fees that you have paid in respect of Crossware Mail Signature.
6.5 In addition, in no event does Crossware Limited authorize you or anyone else to use Crossware Mail Signature in applications or systems where Crossware Mail Signature’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at yo...
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.
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. SQLyog Professional / Enterprise / Ultimate, 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. Neither Webyog nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, SQLyog Professional / Enterprise / Ultimate. Neither Webyog nor any of its affiliates or licensors warrant that the operation of SQLyog Professional / Enterprise / Ultimate will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including SQLyog Professional / Enterprise / Ultimate, must be thoroughly tested with non-critical data before there is any reliance on it, and you
