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. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY LOSS OF PROFIT OR REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOST OR DAMAGED DATA, LOSS OF CAPITAL OR FOR AGGRAVATED, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER SO ARISING, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SYSTEM, EVEN IF RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability and exclusion of types of damages may not apply to you in whole or in part depending on the laws of your home jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) Resideo, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively to you in respect of personal injury or death caused by their negligence; (ii) Resideo’s liability to you for fraud or fraudulent misrepresentation; or (iii) any liability of Resideo that cannot be excluded under applicable law, which may include customer protection legislation in your jurisdiction. Under no circumstances will Resideo be held liable for any harm resulting from downloading or accessing any information or material through the System, any delay or failure in performance resulting directly or indirectly from events outside of Resideo’s control, including acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. IN THE EVENT YOU (1) UTILIZE A NON-RESIDEO APPLICATION TO CONTROL YOUR RESIDEO PRODUCT; (2) CONNECT A NON-RESIDEO DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; OR (4) BECOME PART OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RESIDEO BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, API, OR ECOSYSTEM NOR WILL RESIDEO BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATION, DEVICE, API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE. Please note that Resideo's obligation to deliver the Services is a reasonable effort obligation and not an obligation to achieve a specific result. Resideo will use reasonable efforts to deliver the Services.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
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. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY LOSS OF PROFIT OR REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOST OR DAMAGED DATA, LOSS OF CAPITAL OR FOR AGGRAVATED, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER SO ARISING, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SYSTEM, EVEN IF RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability and exclusion of types of damages may not apply to you in whole or in part depending on the laws of your home jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) Resideo, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively to you in respect of personal injury or death caused by their negligence; (ii) Resideo’s liability to you for fraud or fraudulent misrepresentation; or (iii) any liability of Resideo that cannot be excluded under applicable law, which may include customer protection legislation in your jurisdiction. Under no circumstances will Resideo be held liable for any harm resulting from downloading or accessing any information or material through the System, any delay or failure in performance resulting directly or indirectly from events outside of Resideo’s control, including acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. IN THE EVENT YOU (1) UTILIZE A NON-RESIDEO APPLICATION TO CONTROL YOUR RESIDEO PRODUCT; (2) CONNECT A NON-RESIDEO DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; OR (4) BECOME PART OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RESIDEO BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, API, OR ECOSYSTEM NOR WILL RESIDEO BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATION, DEVICE, API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE. Please note that Resideo's obligation to deliver the Services is a reasonable effort obligation and not an obligation to achieve a specific result. Resideo will use reasonable efforts to deliver the Services.;
Appears in 1 contract
Samples: End User License Agreement
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 such Lexia Application for the term of the license granted hereby. Notwithstanding anything to the contrary, Licensor and Lexia make no representation or warranty with respect to any third party software, and undertake no obligations with respect to any third party software.
B. DISCLAIMER OF WARRANTIES. OTHER THAN AS STATED SECTION 9A ABOVE, AND TO THE SYSTEM IS MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND LEXIA MAKE NO OTHER WARRANTIES OR PROMISES, WHETHER EXPRESS OR IMPLIED, OR BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, ABOUT THE LEXIA APPLICATION, THE EMBEDDED SOFTWARE OR ANY SERVICES PROVIDED TO YOU HEREUNDER, AND PROVIDE THE LEXIA APPLICATION AND SUPPORT SERVICES (IF ANY) “AS AS-IS” ANDWITH ALL FAULTS AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, EXCEPT AS SPECIFIED IN THIS SECTIONPERFORMANCE, ACCURACY, AND EFFORT OF SUCH LEXIA APPLICATION (IF ANY) SHALL BE WITH LICENSEE. THERE IS NO REPRESENTATION OR WARRANTY HEREIN AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OR AGAINST INFRINGEMENT. LICENSOR, LICENSOR’S THIRD PARTY LICENSORS, AND LEXIA DISCLAIM ANY AND ALL OTHER 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 WITH RESPECT TO THE LEXIA APPLICATION AND ANY KINDSERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION AS TO NON-INFRINGEMENT, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INTERFERENCEINFRINGEMENT, 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. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY LOSS OF PROFIT OR REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOST OR DAMAGED DATA, LOSS OF CAPITAL OR FOR AGGRAVATED, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER SO ARISING, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF YOUR LICENSEE’S USE OF THE LEXIA APPLICATION WILL BE UNINTERUPTED, VIRUS-FREE, OR INABILITY TO USE THE SYSTEM, EVEN IF RESIDEO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS ERROR-FREE. LICENSEE ACKNOWLEDGES THAT NO EXPRESS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation of liability and exclusion of types of damages may not apply to you in whole or in part depending on the laws of your home jurisdiction. Nothing in this Agreement shall exclude or limit in any way the liability of (i) Resideo, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively to you in respect of personal injury or death caused by their negligence; (ii) Resideo’s liability to you for fraud or fraudulent misrepresentation; or (iii) any liability of Resideo that cannot be excluded under applicable law, which may include customer protection legislation in your jurisdiction. Under no circumstances will Resideo be held liable for any harm resulting from downloading or accessing any information or material through the System, any delay or failure in performance resulting directly or indirectly from events outside of Resideo’s control, including acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. IN THE EVENT YOU (1) UTILIZE A NON-RESIDEO APPLICATION TO CONTROL YOUR RESIDEO PRODUCT; (2) CONNECT A NON-RESIDEO DEVICE TO YOUR SYSTEM; (3) UTILIZE A IMPLIED REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY THIRD PARTY API; OR (4) BECOME PART LICENSORS HEREIN.
C. LIMITATIONS OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT LIABILITY. IN NO EVENT WILL RESIDEO BE RESPONSIBLE FOR THE ACCURACYLICENSOR, FUNCTIONALITYLICENSOR’S THIRD PARTY LICENSORS, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, APILEXIA, OR ECOSYSTEM NOR WILL RESIDEO ANY OTHER PERSON OR ENTITY BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR (a) ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATIONDIRECT, DEVICECONSEQUENTIAL, APIINCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOSSES RELATING TO LICENSEE, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE. Please note that Resideo's obligation to deliver the Services is a reasonable effort obligation and not an obligation to achieve a specific result. Resideo will use reasonable efforts to deliver the Services.LICENSEE’S BUSINESS, SUCH AS LOST DATA, LOST PROFITS, BUSINESS
Appears in 1 contract
Samples: End User License Agreement
