Warranty Disclaimers and Limitation of Liability. 11a. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND EXCEPT AS SET FORTH IN PARAGRAPH 10, BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. BARCHART MAKES NO WARRANTY OF ANY KIND THAT THE INFORMATION, SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF CLIENT’S OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CLIENT'S SOLE RISK. 11b. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BARCHART BE LIABLE TO CLIENT OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES OR ANY BREACH OF ANY PROMISE OR WARRANTY HEREUNDER.
Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this Agreement, Xxxxxxx XxXxxxxxx USE OF THE PORTAL, OR ANY CONTENT LOCATED THEREON OR PROVIDED IN CONNECTION THEREWITH, IS PROVIDED BY XXXXXXX XXXXXXXXX ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND; INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY OF THE PORTAL WHEN DESIRED FOR USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. Neither Xxxxxxx XxXxxxxxx nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free. Under no circumstances shall Xxxxxxx XxXxxxxxx or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Xxxxxxx XxXxxxxxx Portal site, or any website linked to the Xxxxxxx XxXxxxxxx Portal site, including but not limited to reliance by You on any information obtained from the Xxxxxxx XxXxxxxxx Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, business interruption, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. Moreover, to the maximum extent permitted by applicable law, You further agree that Xxxxxxx XxXxxxxxx shall not be liable in any way should your information systems, data or software become infected, damaged, or destroyed by a virus or other harmful data that is a result of your use of the Portal. The Xxxxxxx XxXxxxxxx Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Xxxxxxx XxXxxxxxx Portal, You expressly agree to not hold Xxxxxxx XxXxxxxxx or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Xxxxxxx XxXxxxxxx has been advised of or should have knowledge of the possibility of such damages.
Warranty Disclaimers and Limitation of Liability. 10.1 Except as explicitly set forth herein, neither Gulf International Bank – Saudi Arabia its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website will be error-free, (c) as to a minimum level of uptime for the Website, or (d) as to the results that may be obtained by Member by accepting these T&C and/or using the Website. Member agrees and acknowledges that the Website are licensed and/or provided hereunder on an “as is” basis. In addition, Member hereby agrees and acknowledges that: (i) Gulf International Bank – Saudi Arabia shall not be responsible for any actions taken by any other party using the Website or reviewing any of Member’s Posted Information. (ii) Gulf International Bank – Saudi Arabia does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party. (iii Gulf International Bank – Saudi Arabia is not a party
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, BIOSITE warrants for a period of thirty (30) days from performance of Service that Installation Services shall be performed in accordance with generally accepted industry standards.
Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this End User Agreement, Protegrity makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an "as is" and "as available" basis. Neither Protegrity, nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, "Associates") warrant that use of the Portal will operate without interruption, errors, defects, bugs or viruses, or that any such defects on the Portal will be corrected. Under no circumstances shall Protegrity or it Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from , arise out of or otherwise relate to your use of or inability to use the Portal, or any website linked to the Protegrity Portal, including but not limited to reliance by you on any information obtained from the Portal that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. The Portal utilizes industry accepted security systems to eliminate unauthorized access to private information. By using the Portal, you expressly agree to not hold Protegrity or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Protegrity has been advised of or should have knowledge of the possibility of such damages. You acknowledge that your use of the Portal is strictly voluntary, and your participation has not been required by Protegrity.
Warranty Disclaimers and Limitation of Liability. 9.1 IN NO EVENT SHALL COX OR NETWORK-1 BE LIABLE TO EACH OTHER, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES ARISING OUT OF THE CONDUCT OF SUCH PARTY PURSUANT TO THIS AGREEMENT, THE CONVEYANCE DOCUMENTS OR ANY AGREEMENTS OR DOCUMENTS DELIVERED PURSUANT HERETO OR THERETO.
9.2 Except as specifically set forth in Section 4 of this Agreement, nothing within this Agreement, the Conveyance Documents or any agreements or documents delivered pursuant hereto or thereto, shall be construed as (a) a warranty or representation by Cox as to the validity, scope and/or enforceability of any patent or patent application of the Patents; (b) a warranty or representation by Cox that the practice of any patent or patent application of the Patents does not or will not infringe any third party patent or other intellectual property right; (c) conferring any license or any other right, by implication, estoppel or otherwise, under any patent application, patent right, or other intellectual property right, except as expressly granted herein; (d) imposing on Cox any obligation to institute any suit or action for infringement of any intellectual property of Cox, or to defend any suit or action brought by a third party that challenges or concerns the validity of any intellectual property of Cox; (e) imposing on either party any obligation to file any patent application or secure any patent or maintain in force any patent except as provided in Sections 2.5 and 6.3 hereof; or (f) conferring any license or right with respect to any trademark, trade or brand name, a corporate name of either party or any of their respective Affiliates or Subsidiaries, or any other name or mxxx, or contraction, abbreviation or simulation thereof.
9.3 The representations and warranties set forth in Section 4 of this Agreement are the only representations and warranties made by Cox with respect to the Patents. Except as specifically set forth herein, Cox is selling the Patents to Network-1 “as is”. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 4 OF THIS AGREEMENT, COX MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE PATENTS, ANY PAST, PRESENT, OR FUTURE CLAIMS OF INFRINGEMENT, OR THE PATENT DOCUMENTATION, INCLUDING THE CONDITION OF THE FOREGOIN...
Warranty Disclaimers and Limitation of Liability. 1. M-MOS warrants that delivered Products are free of defects in material and workmanship that cause the Products not to meet the material specifications agreed upon between M- MOS and Customer in writing. Within three (3) months from the date of delivery to the carrier, if Customer, (a) gives M-MOS written notice of any such defect in the Products (including a detailed description of the alleged defect, a copy of Customer’s failure analysis and sufficient information to track and evaluate the lots involved); (b) returns the Products to M-MOS after obtaining a return material authorization (RMA) in accordance with M-MOS’s standard procedures, and (c) M-MOS satisfied such Products are defective after inspection, then M-MOS shall at its sole option either repair, replace or credit Customer for such Products within a reasonable time.
2. M-MOS does not give any warranty to defects that after delivery to the carrier are caused by accident, abuse, misuse, unreasonable use, neglect, alteration, improper installation, exposure to harmful chemical substances or electromagnetic or electrical elements, further processing, assembly, repair or alteration by someone other than M- MOS. Customer shall reimburse M-MOS for all costs and expenses reasonably incurred by M-MOS as a result of unfounded warranty claims.
3. M-MOS does not warrant that the capacity, compatibility, functionality, performance or reliability of the Products will meet Customer’s requirements or expectations, except as stated in the Product datasheets or the specifications agreed to in writing between Customer and M-MOS. M-MOS does not warrant that the delivered Products will comply with the technical standards and legal or regulatory requirements of any particular jurisdiction. Customer acknowledges that it is not relying on any superior technical expertise or experience of M-MOS or on any statements, whether oral or written, made by M-MOS other than the specifications agreed to in writing between Customer and M-MOS.
4. To the full extent permitted by law, apart from the foregoing warranties, M-MOS hereby disclaims all warranties, representations, liabilities and obligations, whether express or implied and whether based on contract, quasi-contractual relations, third party claim, tort, statue or otherwise, concerning the Products, including any implied warranties of merchantability, fitness for a particular purpose, correspondence with description or non- infringement. Except for warranty claims subje...
Warranty Disclaimers and Limitation of Liability. 10.1 Except as explicitly set forth herein, neither Gulf International Bank – Saudi Arabia its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website will be error-free, (c) as to a minimum level of uptime for the Website, or (d) as to the results that may be obtained by Member by accepting these T&C and/or using the Website. Member agrees and acknowledges that the Website are licensed and/or provided hereunder on an “as is” basis. In addition, Member hereby agrees and acknowledges that: (i) Gulf International Bank – Saudi Arabia shall not be responsible for any actions taken by any other party using the Website or reviewing any of Member’s Posted Information. (ii) Gulf International Bank – Saudi Arabia does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party. (iii Gulf International Bank – Saudi Arabia is not a party to any transaction between Member and any Program Partner, Supplier, or business with which Gulf International Bank – Saudi Arabia has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between Member and such third party. (iv) Gulf International Bank – Saudi Arabia is not responsible for any other party’s compliance with applicable laws, rules or regulations.
Warranty Disclaimers and Limitation of Liability. P/U assumes the sole and entire risk of the use and reliance on the information, content and material on the Service. NORES provides all information, content and materials contained on the Service on an “AS IS,” “AS AVAILABLE” basis. NORES makes no warranty or representation, expressed or implied, that the Service access will be uninterrupted or error-free or about the suitability, legality, or accuracy of the information, content and materials described or contained on the Service. All information, content and materials on the Service is provided without warranty of any kind, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, and all such warranties are hereby expressly disclaimed and excluded. In no event shall NORES be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Service or with the delay or inability to use the Service, or for any information, content and materials obtained through the Service, or otherwise arising out of the utilization of the Service, whether based on contract, tort, strict liability, or otherwise, even if NORES has been advised of the possibility of damages. In no event shall NORES’ liability to P/U of UA for any reason whatsoever related to use of the Service or arising out of this Agreement exceed the sum of One Hundred Dollars ($100.00).
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants for a period of 30 days from performance of service that Installation Services shall be performed in accordance with generally accepted industry standards. Hardware. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants that the Hardware products will be free from material defects in materials and workmanship and will substantially conform to the applicable Documentation in effect as of the date of manufacture for a period of one (1) year from the date of shipment. No credits or refunds will be given for Hardware products that are returned incomplete or damaged. ASSA ABLOY shall not be required to perform any warranty repairs of the Hardware at a specific site. Customer shall be responsible for removing and reinstalling all the parts or components of the Hardware returned to ASSA ABLOY for repair under the warranty. Customer shall bear all risk of loss during the shipment of items and Hardware products returned to ASSA ABLOY. Customer shall be solely responsible for obtaining insurance on any and all items and Hardware products that are returned to ASSA ABLOY.
(b) to cosmetic damage, unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ASSA ABLOY or an ASSA ABLOY authorized technician; (f) to defects caused by normal wear and tear or otherwise due to the normal aging of the Hardware.
