Common use of Warranty Disclaimers and Liability Limitations Clause in Contracts

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. THIS ALARMNET SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS, AND THE APP IS TOTAL CONNECT SERVICES AND ALARMNET NETWORK ARE PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SUPPLIERS 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 OR PERFORMANCE OF THE APP ALARMNET SOFTWARE, TOTAL CONNECT SERVICES AND ALARMNET NETWORK REMAINS WITH YOU. FOR COMMERCIAL CUSTOMERS, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES THAT EXTEND BEYOND THE FACE HEREOF. FOR RESIDENTIAL CUSTOMERS, THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF, AND ALL IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES MADE BY ALARMNET IN CONNECTION WITH TOTAL CONNECT OR ALARMNET NETWORK, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE LIMITED IN DURATION TO THE FULLEST EXTENT PERMITTED BY LAWLAW TO A PERIOD OF 1 YEAR FROM THE DATE OF ORIGINAL LICENSURE OR ACCESS. Resideo Technologies, Inc., ALARMNET and their respective service providers have no liability or responsibility whatsoever for the choice of alarm devices installed at your premises, or its installation and connection to, or the operation of your central station. You acknowledge and agree that you have no contractual relationship with any of the service providers and/or cellular and data carriers. Resideo Technologies, Inc. and the service providers have no liability or responsibility whatsoever for the ALARMNET NETWORK and/or the TOTAL CONNECT SERVICES. You acknowledge and agree that neither Resideo Technologies, Inc. ALARMNET, the service providers, your central station, nor installer is your insurer and that they shall be exempt from liability for all loss or damage which the alarm system or monitoring is designed to detect or avert. You acknowledge that you are not a third party beneficiary of any agreement between ALARMNET and any service provider, and that such third party will have no legal, equitable, or other liability of any kind to you. The service providers’ and ALARMNET's sole responsibility is to permit your connection to the ALARMNET NETWORK and the TOTAL CONNECT SERVICES. The responsibilities of your central station, installer and Resideo Technologies, Inc. relating to the alarm equipment are governed by your agreements with them. IF ALARMNET OR Resideo Technologies, Inc. OR THE SERVICE PROVIDERS SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), EVEN IF AS A RESULT OF THEIR NEGLIGENCE OR GROSS NEGLIGENCE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO AND SHALL NOT IN ANY CASE EXCEED $1,000.00 WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THEM. IN ADDITION, IN NO EVENT SHALL ALARMNET, Resideo Technologies, Inc., THE SUPPLIERS DISCLAIM SERVICE PROVIDERS OR THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY WARRANTIES FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE SECURITYUSE OF ALARMNET SOFTWARE, RELIABILITYTHE TOTAL CONNECT SERVICES, TIMELINESSTHE ALARMNET NETWORK OR TO YOUR RELATIONSHIP WITH ALARMNET, EVEN IF ALARMNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. NO GUARANTEE EVEN IF THE ALARM EQUIPMENT IS TESTED REGULARLY AND THE COMPONENTS ARE OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH THE CENTRAL STATION, OR THAT IT WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS BY XXXXXXXX, ROBBERY, FIRE OR OTHERWISE. FURTHER, THERE IS NO GUARANTEE THAT THE TOTAL CONNECT SERVICES, YOUR HANDHELD DEVICE OR THE ALARMNET NETWORK WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR ALARM SYSTEM. Even with the extra protection of the ALARMNET NETWORK, due to the very nature of radio waves and other communications technologies, there may be times when the ALARMNET NETWORK is unable to maintain contact with subscriber Equipment, the TOTAL CONNECT SERVICES or re-transmit a message. Further, the TOTAL CONNECT SERVICES and the ALARMNET SOFTWARE are intended to operate over the internet. Neither ALARMNET nor Resideo Technologies, Inc. shall have any liability arising out of or resulting from the failure to transmit or receive any message as a result of their respective connections with or to the internet or as a result of your internet or wireless connection. You acknowledge that you have purchased internet connectivity services from a third party provider and that you hereby release ALARMNET and Resideo Technologies, Inc. from all liability resulting therefrom. It is recommended that ALARMNET subscriber communications Equipment be configured with secondary communications means, such as a digital dialer. You understand that properly installed and maintained alarm devices (including the subscriber Equipment), may only reduce the risk of a burglary, robbery, fire or otherwise occurring without providing an alarm, but it is not insurance or a guaranty that such will not occur or that there will be no personal injury or property loss as a result. CONSEQUENTLY, Resideo Technologies, Inc. ALARMNET, 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 NETWORK SERVICE PROVIDERS SHALL HAVE NO LIABILITY FOR ANY INFORMATION RECEIVED THROUGH THE APP PERSONAL INJURY, PROPERTY DAMAGE 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 OTHER LOSS BASED ON A CLAIM THAT THE SUPPLIERS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACYEQUIPMENT FAILED TO GIVE WARNING. For all these reasons, COMPLETENESSYou are responsible for maintaining appropriate caution, LEGALITYand insuring life and property with the types and amounts of insurance You deem appropriate. ALARMNET does not guarantee that the ALARMNET SOFTWARE or the TOTAL CONNECT SERVICES will be compatible with all computers or handheld devices. ALARMNET requires that you fully test your device from your home prior to using any service in a live setting to ensure full compatibility. You may incur additional data, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE APP; ORairtime or other charges and taxes from your service provider for use of your handheld device.

Warranty Disclaimers and Liability Limitations. THIS HONEYWELL 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 HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-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 ENTIRE RISK MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF HONEYWELL SOFTWARE OR PERFORMANCE 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 APP REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE POSSIBILITY 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; ORSUCH DAMAGES.

Warranty Disclaimers and Liability Limitations. THIS SOFTWAREWe are the owner, distributor and publisher of the audio CDs and/or software, and/or transcripts, and/or report and/or the accompanying materials. WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS. The information contained in these Materials are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL ACCOMPANYING SOFTWAREFORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, FILESIN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS. WE shall in no event be held liable to YOU OR any OTHER party for any direct, DATA AND MATERIALSindirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the materials OR WEBSITE, which ARE DISTRIBUTED AND PROVIDED AS ISprovided “as is”, and without warranties. OUR LIABILITY, AND THE APP LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS PROVIDED AS ISLIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KINDYOU MIGHT HAVE ADDITIONAL RIGHTS. As always, WHETHER EXPRESS OR IMPLIEDthe advice of a competent legal, tax, accounting or other professional should be sought. THE SUPPLIERS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIESYou agree to indemnify, INCLUDING WARRANTIES OF NON-INFRINGEMENTdefend and hold us, 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 LAWour subsidiaries and affiliates and each of our officers, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR THE SECURITYdirectors, RELIABILITYagents, TIMELINESSemployees, AND PERFORMANCE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY LAWindependent contractors and suppliers, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR RECEIVED THROUGH ANY LINKS PROVIDEDharmless from any claim, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE APP OR THROUGH ANY LINKS PROVIDED BY THE APP. THE SUPPLIERS SIMILARLY DISCLAIMdemand, TO THE FULLEST EXTENT PERMITTED BY LAWaction, 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 cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (1i) THE ACCURACYyour giving us any information which is inaccurate; (ii) your breach of any warranty, COMPLETENESSrepresentation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, LEGALITYregulation or right of any third party; (v) any dispute or action between you and any third party, RELIABILITYincluding parties selling goods or services through this Site; and (vi) your use of this website or the products or services of us or any third party, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE APP; ORexcept for claims resulting solely from our negligence or willful misconduct.