Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 12 contracts

Samples: Jstor Archive Journal License, Jstor Archive Journal License, Jstor Archive Journal License

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Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is In addition to the general Warranty Disclaimers in the XXXX, which will cover the CloudShell Watcher as an aggregator of third-party Content, not the creator integral part of the Content. JSTOR represents and warrants under Software licensed thereunder, the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee following Warranty disclaimers are added specifically for the term of the agreement then in effectCloudShell Watcher: 5.1. OTHER THAN QUALISYSTEMS DOES NOT WARRANT OR MAKE ANY EXPRESS WARRANTIES STATED REPRESENTATION THAT IT WILL CORRECT ANY ERRORS IN THIS SECTION 11THE SOFTWARE, INCLUDING THOSE FOUND BY THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS CLOUDSHELL WATCHER OR THAT THE CLOUDSHELL WATCHER WILL DETECT AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM CORRECTLY IDENTIFY, ALL ERRORS, UNAVAILABLENESS, MISUTILIZATION. 5.2. QUALISYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE VERACITY OF THE REPORTS OR NOTIFICATIONS OR THAT THE REPORTS OR NOTIFICATIONS ARE COMPLETE OR ERROR-FREE. THE REPORTS OR NOTIFICATIONS DO NOT CONSTITUTE LEGAL ADVICE OR COMPLETE ERROR CONTROL OF THE SOFTWARE OR YOUR SYSTEMS AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS LICENSEE UNDERSTANDS THAT LICENSEE MUST DETERMINE FOR ITSELF THE NEED TO OBTAIN ITS OWN INDEPENDENT CONTROL AND MONITORING OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS ITS SYSTEMS AND THE SOFTWARE, INCLUDING USAGE OF LICENSES AND ERROR OR MALFUNCTION NOTIFICATIONS. LICENSEE'S USE OF AND RELIANCE UPON THE WATCHER AND ANY PARTS THEREOFREPORTS OR NOTIFICATIONS IS AT LICENSEE'S SOLE DISCRETION AND RISK, INCLUDING WITHOUT LIMITATION, AND QUALISYSTEMS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO LICENSEE IN CONNECTION WITH ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORFOREGOING. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, SOFTWARE AND ACCESS SOFTWARE THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (KIND, EXPRESS, STATUTORY OR IMPLIED, ORALINCLUDING, OR WRITTEN) RELATING TO JSTORBUT NOT LIMITED TO, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. JSTOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT ARC-AI) ASSUME THE ENTIRE COST OF ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM NECESSARY SERVICING OR REPAIR. ARC-AI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMBUNINTERRUPTED OR ERROR FREE, OR OTHER SUCH COMPUTER PROGRAMTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY ARC-AI OR BY A REPRESENTATIVE OF ARC-AI SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants you may have certain warranty rights which vary from state to state and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders which cannot be identified or locateddisclaimed by contract. JSTOR represents and warrants Any warranties that it has made diligent efforts to locate and seek permission by law survive the foregoing disclaimers shall terminate ninety (90) days from the holders of date you received the copyright and any other applicable rights in Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions foregoing limitation may not apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Serviceyou if prohibited by law. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 4 contracts

Samples: Software User Agreement, Software User Agreement, Software User Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize (A) THE PROPERTY IS BEING SOLD “AS IS”. SELLER HEREBY EXCLUDES AND DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, HABITABILITY AND MERCHANTABILITY. XXXXXX NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER ANY LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE PROPERTY, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR WRITTEN, COLLATERAL TO OR AFFECTING THIS CONTRACT, THE PROPERTY. XXXXX ACKNOWLEDGES THAT NO WARRANTY CLAIMS FOR ANY MATTERS RELATING TO THE CONDITION OF THE PROPERTY MAY BE MADE AGAINST SELLER. BUYER FURTHER ACKNOWLEDGES THAT XXXXX’S ACCEPTANCE OF SELLER’S DISCLAIMER OF WARRANTIES, INCLUDING THE DISCLAIMER OF ANY APPLICABLE IMPLIED WARRANTY OF HABITABILITY, IS AN ESSENTIAL PART OF THE AGREEMENT REACHED BETWEEN BUYER AND SELLER. (B) Xxxxx acknowledges and understands that JSTOR is an aggregator of third-party Contentif a dispute arises with Xxxxxx and the dispute results in a lawsuit, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR Xxxxx will not be liableable to rely on the Implied Warranty of Habitability described above, and Institutional Licensees and Authorized Users agree that they will as a basis for suing Seller or as the basis of a defense if Seller sues Buyer. (C) Seller shall not hold JSTOR liable be responsible for any loss, injury, claim, liability, incidental or consequential damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 3 contracts

Samples: Real Estate Purchase and Sale Contract, Real Estate Purchase and Sale Contract, Real Estate Purchase and Sale Contract

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, SOFTWARE AND ACCESS SOFTWARE THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (KIND, EXPRESS, STATUTORY OR IMPLIED, ORALINCLUDING, OR WRITTEN) RELATING TO JSTORBUT NOT LIMITED TO, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. JSTOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT ARC-AI) ASSUME THE ENTIRE COST OF ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM NECESSARY SERVICING OR REPAIR. ARC-AI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMBUNINTERRUPTED OR ERROR FREE, OR OTHER SUCH COMPUTER PROGRAMTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY ARC- AI OR BY A REPRESENTATIVE OF ARC-AI SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants you may have certain warranty rights which vary from state to state and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders which cannot be identified or locateddisclaimed by contract. JSTOR represents and warrants Any warranties that it has made diligent efforts to locate and seek permission by law survive the foregoing disclaimers shall terminate ninety (90) days from the holders of date you received the copyright and any other applicable rights in Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions foregoing limitation may not apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Serviceyou if prohibited by law. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 3 contracts

Samples: Software User Agreement, Software User Agreement, Software User Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize a) We represent and warrant that JSTOR is an aggregator of third-party Content, not during the creator Warranty Period the Licensed Products will conform to all substantial operational functions of the ContentLicensed Products described in the Documentation or in the applicable SOW. JSTOR represents Except as set out in any Product Terms, the "Warranty Period" is 90 days from the date the Licensed Product is delivered to you. If the Licensed Products do not conform during the Warranty Period, we will, at our option: (i) repair or replace the Licensed Product; or (ii) refund the license and warrants software maintenance fee for the non-conforming Licensed Product. If the Licensed Product is subject to a lease, we will refund payments made for the license and software maintenance fee and secure a release from future payments of the license and software maintenance fee under the laws lease. In the case of United States clause (ii), this Agreement will be terminated as it applies to the relevant Licensed Product. b) If we supply carrier rate information ("Rate Information") to you in connection with this Agreement, the media upon which the Rate Information is supplied are warranted to be free from defects for a period of 90 days after installation. Your sole remedy for breach of this warranty will be replacement of the Rate Information media. We do not warrant that to its knowledge the Rate Information itself is accurate. We will have no liability for any damages you may incur as a result of your use of the JSTOR Platform and Rate Information. c) There is no warranty if the Licensed Content by Authorized Users in accordance with the terms Products failed to perform because of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' your use of the JSTOR Platform Licensed Products in a manner not authorized by this Agreement or Content in violation of these Terms and Conditions of Usefor a purpose other than the ordinary purpose for which it is designed. If The warranty does not apply if the JSTOR Platform fails to operate in conformance with the terms of this AgreementLicensed Products have been altered, Institutional Licensee will immediately notify JSTORmodified, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR converted or repaired by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED anyone other than us. d) EXCEPT AS EXPRESSED IN THIS SECTION 11AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JSTOR PLATFORMLICENSED PRODUCTS, CONTENTDOCUMENTATION, SOFTWARE MAINTENANCE AND ACCESS SOFTWARE OTHER SERVICES ARE PROVIDED ON AN BY US "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (EXPRESSKIND, EITHER EXPRESS OR IMPLIED, ORALINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS, RELIABILITY, PERFORMANCE AND NON- INFRINGEMENT OR ANY INFORMATION GENERATED BY YOUR USE OF THE LICENSED PRODUCTS OR DOCUMENTATION. JSTOR AND ALL CONTENT PROVIDERS WE MAKE NO WARRANTIES WITH RESPECT TO WARRANTY THAT THE LICENSED PRODUCTS WILL MEET YOUR OR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUSTHIRD PARTY'S REQUIREMENTS, WORM, TIME BOMB, LOGIC BOMBWILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SUCH COMPUTER PROGRAMSOFTWARE OR HARDWARE SELECTED OR USED BY YOU OR ANY THIRD PARTY, EXCEPT OR THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORDEFECT IS CORRECTABLE. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 2 contracts

Samples: On Premise Software License Agreement, On Premise Software License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply apply, and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-third party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 2 contracts

Samples: Jstor Archive Journal License, Consortia Participation Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize You acknowledge and agree that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform Data is at your own risk. THE DATA IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. FLAVOR BURST, LLC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATA. FLAVOR BURST, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Because some states and Licensed Content by Authorized Users jurisdictions do not allow the exclusion or limitation of implied warranties in accordance with certain circumstances, the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will above limitations may not apply to certain collections of Content as further stated in this Section 11you. 11.2 JSTOR will not be liableIN NO EVENT WILL FLAVOR BURST, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any lossLLC OR ITS SUPPLIERS BE LIABLE TO YOU, injuryWHETHER ARISING UNDER CONTRACT, claimTORT (INCLUDING NEGLIGENCE), liabilitySTRICT LIABILITY, damagesBREACH OF WARRANTY, costsMISREPRESENTATION OR OTHERWISE, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or ContentFOR ANY DIRECT, delays or interruption of the services provided hereunderCONSEQUENTIAL, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this AgreementINCIDENTAL OR SPECIAL DAMAGES, Institutional Licensee will immediately notify JSTORINCLUDING ANY LOST PROFITS OR LOST SAVINGS, andEVEN IF FLAVOR BURST, subject to Section 10.1 aboveLLC, JSTOR's sole obligation will be to repair the nonconformityITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. In no event will JSTORshall Flavor Burst, LLC's liability to an Institutional Licensee for any damages, regardless of the nature of the claim, exceed the fees amount paid to JSTOR by that Institutional Licensee you for the term Data. Because some states and jurisdictions do not allow the exclusion or limitation of liability in certain circumstances, the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORabove limitation may not apply to you. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Flavor Burst License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, (a) THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE SITES ARE PROVIDED ON AN "'AS IS" BASIS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND JSTOR AND ANY AND EXPRESS OR IMPLIED. JOBRECON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONSINCLUDING, OR REPRESENTATIONS OF ANY KIND (EXPRESSBUT NOT LIMITED TO, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED THE WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCETITLE, NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTIES' RIGHTS, COMPATIBILITY, MERCHANTIBILITY, OR AND FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE JOBRECON MAKES NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY ABOUT THE TRANSMISSION OF A COMPUTER VIRUSACCURACY, WORMRELIABILITY, TIME BOMB, LOGIC BOMBCOMPLETENESS, OR OTHER SUCH TIMELINESS OF THE SITES. (b) WITHOUT LIMITATION ON THE FOREGOING: (i) JOBRECON DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS VIRUSES OR OTHER SERVICES INCLUDED HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR OTHERWISE MADE AVAILABLE BY REPLACING EQUIPMENT OR THROUGH JSTORDATA, JOBRECON IS NOT RESPONSIBLE FOR THOSE COSTS. 11.3 The JSTOR Global Plants and (ii) JobRecon makes no representations or guarantees regarding the Primary Source Materials include a wide variety truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of materialsany Documents posted by Users, including archival materials and historical primary source materials where or of any other form of communication engaged in some cases by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. (iii) JobRecon makes no representations or guarantees regarding the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders Content of the copyright and any other applicable rights in the Content. In some casesSiteS, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Actincluding, educational exceptionsbut not limited to, broken links, inaccuracies or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Servicetypographical errors. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacyiv) may apply and use of certain images or other materials may require additional permissions from third partiesJOBRECON MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rightsJOBRECON DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, and obtaining necessary permissionsPOSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, as they relate to use of the Early Journal ContentAND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR i. Software and any accompanying documentation is an aggregator provided “as is” without any warranty of third-party Contentany kind as to defects or functionality. The Original Purchaser and all end users bear all risk as to software, not and Honeywell makes no warranties, implied or actual, regarding any of its software or documentation. ii. Honeywell makes no representation or warranty of any kind as to the creator security and functionality of the ContentProducts or that the Products will prevent any personal injury or property loss, fire, or otherwise; or that the Products will in all cases provide adequate warning or protection. JSTOR represents The Original Purchaser and warrants under all end users understand that properly installed and maintained Products may only reduce the laws risk of United States fire, theft, property damage or other events occurring without the Products, but it is not insurance or a guarantee that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement such will not infringe the copyright of any third partyoccur or that there will be no personal injury or property loss as a result. iii. The foregoing will not apply, however, to modifications or derivative works express warranties of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will Honeywell stated herein do not apply to certain collections Products not manufactured by Honeywell, software, consumable items or items that have a normal life inherently shorter than the Warranty Period (e.g., paper, printer ribbons, lamps, batteries), spare parts, or services. The warranties, if any, applicable to any software or (the “Warranty Period(s)”). Notwithstanding the foregoing Warranty Periods, if the Original Purchaser is able to present an invoice to Honeywell for the Products covered by this Warranty, Honeywell may, at its discretion, treat the Warranty Period as having commenced on the date of Content shipment to the Original Purchaser. This Warranty does not cover defects caused by normal wear and tear or maintenance. Except as further stated in this Section 11. 11.2 JSTOR will not be liableprovided by law, Xxxxxxxxx’s sole liability, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any lossthe Original Purchaser’s exclusive remedy, injuryshall, claimas determined in Honeywell’s sole discretion, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability be limited to replacement or repair of the JSTOR Platform relevant Product(s) or Content, delays or interruption a credit for the purchase price of the services provided hereunderrelevant Product(s), or arising out of or in connection with Institutional Licensee's or Authorized Users' use less depreciation. The Warranty Period does not restart for replacement Products, and any replacement Products will only be warranted under this Warranty for the remainder of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreementoriginal Warranty Period, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORif any. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Limited Warranty

Warranty Disclaimers. 11.1 Cloudbrink represents and warrants that the Cloudbrink Platform will function during the Subscription Period in substantial compliance with the applicable Documentation. To be entitled to any remedy based on a purported breach of the foregoing representation and warranty, Client must inform Cloudbrink of the purported deficiency in the Cloudbrink Platform’ functionality within thirty (30) days of the day on which Client becomes aware of the condition giving rise to such claim. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CLOUDBRINK SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Cloudbrink makes no warranty that the Cloudbrink Platform will meet Client’s requirements or be available on an uninterrupted, secure, or error-free basis. 11.2 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, CLOUDBRINK EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATED TO DATA ACCURACY OR NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FROM ANY SOURCE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. 11.3 Client assumes sole responsibility and liability for Client’s and Client’s Authorized Users recognize Users’ use of any output and/or results obtained from the use of the Cloudbrink Platform and for conclusions drawn from such use. Cloudbrink shall have no liability for any claims, losses, or damage caused by errors or omissions in any information provided to Cloudbrink by Client in connection with the Cloudbrink Platform or any actions taken by Cloudbrink at Client’s direction that JSTOR is an aggregator of are consistent with such direction. Other than third-party Contentproducts, not the creator services, software, or web sites provided by Cloudbrink to facilitate performance of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not applyCloudbrink Platform, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable Cloudbrink shall have no liability for any lossclaims, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform losses or Content, delays or interruption of the services provided hereunder, or damages arising out of or in connection with Institutional Licensee's Client’s or any Authorized Users' User’s use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images products, services, software, or other materials may require additional permissions web sites that are accessed via links from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of within the Early Journal ContentCloudbrink Platform.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, SOFTWARE AND ACCESS SOFTWARE THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (KIND, EXPRESS, STATUTORY OR IMPLIED, ORALINCLUDING, OR WRITTEN) RELATING TO JSTORBUT NOT LIMITED TO, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. JSTOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT DEVELOPER) ASSUME THE ENTIRE COST OF ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM NECESSARY SERVICING OR REPAIR. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMBUNINTERRUPTED OR ERROR FREE, OR OTHER SUCH COMPUTER PROGRAMTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY DEVELOPER OR BY A REPRESENTATIVE OF DEVELOPER SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants you may have certain warranty rights which vary from state to state and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders which cannot be identified or locateddisclaimed by contract. JSTOR represents and warrants Any warranties that it has made diligent efforts to locate and seek permission by law survive the foregoing disclaimers shall terminate ninety (90) days from the holders of date you received the copyright and any other applicable rights in Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions foregoing limitation may not apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Serviceyou if prohibited by law. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Software User Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party ContentSPINTOUCH AND ITS THIRD PARTY SUPPLIERS WILL NOT BE LIABLE TO RESELLER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, not the creator of the ContentNEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SPINTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, (I) FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA, OR (II) FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE DISCOUNTS RECEIVED DURING THE TWELVE (12) MONTH PERIOD THAT PRECEDES THE DATE THE CAUSE OF ACTION AROSE. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third partyTHESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 11AGREEMENT, THE JSTOR PLATFORMSPINTOUCH DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY, CONTENTEXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, SPINTOUCH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUSProduct images, WORMuser interfaces, TIME BOMBdemonstrations, LOGIC BOMBaccessories, OR OTHER SUCH COMPUTER PROGRAMpackaging shown on the site and marketing materials are for illustrative purposes only, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCESand may not represent specific capabilities or features and may be different from the actual Device or product that you receive. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENTIf there is any specific feature, INFORMATIONspecification, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants color, user interface or product capability Customer requires, it’s the responsibility of the Customer to address in writing with their spinTouch representative or authorized reseller. Accordingly, and to reiterate the Primary Source Materials include disclaimer above, spinTouch waives all warranties or representations as to fitness for a wide variety of materials, including archival particular purpose based upon marketing materials and historical primary source materials where in some cases it is the author rights holders cannot Customer’s obligation to ensure that Devices and associated products conform to Customer’s expectations and uses. The Limited Warranty can be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.found here: xxxxx://xxxxxxxxx.xxx/documents/terms/rapidscreen_warranty.pdf

Appears in 1 contract

Samples: Reseller Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, SOFTWARE AND ACCESS SOFTWARE THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (KIND, EXPRESS, STATUTORY OR IMPLIED, ORALINCLUDING, OR WRITTEN) RELATING TO JSTORBUT NOT LIMITED TO, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. JSTOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT SMARE INVESTMENT GROUP, LLC NOR XXXXXX-XXXXXX.XXX) ASSUME THE ENTIRE COST OF ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM NECESSARY SERVICING OR REPAIR. XXXXXX-XXXXXX.XXX NOR SMARE INVESTMENT GROUP, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMBUNINTERRUPTED OR ERROR FREE, OR OTHER SUCH COMPUTER PROGRAMTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY NEWBIE- XXXXXX.XXX NOR SMARE INVESTMENT GROUP, EXCEPT THAT JSTOR WILL EXERCISE LLC OR BY A REASONABLE LEVEL REPRESENTATIVE OF CARE TO PREVENT SUCH OCCURRENCESNEWBIE- XXXXXX.XXX NOR SMARE INVESTMENT GROUP, LLC SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENTNotwithstanding the above, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants you may have certain warranty rights which vary from state to state and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders which cannot be identified or locateddisclaimed by contract. JSTOR represents and warrants Any warranties that it has made diligent efforts to locate and seek permission by law survive the foregoing disclaimers shall terminate ninety (90) days from the holders of date you received the copyright and any other applicable rights in Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions foregoing limitation may not apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Serviceyou if prohibited by law. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Software User Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is In addition to the general Warranty Disclaimers in the XXXX, which will cover the CloudShell Watcher as an aggregator of third-party Content, not the creator integral part of the ContentSoftware licensed thereunder, the following Warranty disclaimers are added specifically for the CloudShell Watcher: a. QUALISYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT IT WILL CORRECT ANY ERRORS IN THE SOFTWARE, INCLUDING THOSE FOUND BY THE CLOUDSHELL WATCHER OR THAT THE CLOUDSHELL WATCHER WILL DETECT AND/OR CORRECTLY IDENTIFY, ALL ERRORS, UNAVAILABLENESS, MISUTILIZATION. b. QUALISYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE VERACITY OF THE REPORTS OR NOTIFICATIONS OR THAT THE REPORTS OR NOTIFICATIONS ARE COMPLETE OR ERROR-FREE. JSTOR represents THE REPORTS OR NOTIFICATIONS DO NOT CONSTITUTE LEGAL ADVICE OR COMPLETE ERROR CONTROL OF THE SOFTWARE AND LICENSEE UNDERSTANDS THAT LICENSEE MUST DETERMINE FOR ITSELF THE NEED TO OBTAIN ITS OWN INDEPENDENT CONTROL AND MONITORING OF THE SOFTWARE, INCLUDING USAGE OF LICENSES AND ERROR OR MALFUNCTION NOTIFICATIONS. LICENSEE'S USE OF AND RELIANCE UPON THE WATCHER AND ANY REPORTS OR NOTIFICATIONS IS AT LICENSEE'S SOLE DISCRETION AND RISK, AND QUALISYSTEMS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO LICENSEE IN CONNECTION WITH ANY OF THE FOREGOING. Updated: December 4th, 2019 THIS SUPPORT AGREEMENT (“Support Agreement”) by and warrants under the laws of United States that to between QualiSystems Ltd. and/or its knowledge use of the JSTOR Platform affiliates (“QualiSystems”) and Licensed Content by Authorized Users in accordance with Licensee provides the terms and conditions for QualiSystems’ provision of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, Support Services to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of Software (not including the agreement then Beta Version which may provided with no support and/or maintenance, including no backwards compatibility and/or support), as defined in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS the End User License Agreement (XXXX) between the parties ("CONTENT PROVIDERSLicense Agreement") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR). 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize (A) THE PROPERTY IS BEING SOLD “AS IS”. SELLER HEREBY EXCLUDES AND DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, HABITABILITY AND MERCHANTABILITY. XXXXXX NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER ANY LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE PROPERTY, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR WRITTEN, COLLATERAL TO OR AFFECTING THIS CONTRACT, THE PROPERTY. PURCHASER ACKNOWLEDGES THAT NO WARRANTY CLAIMS FOR ANY MATTERS RELATING TO THE CONDITION OF THE PROPERTY MAY BE MADE AGAINST SELLER. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER’S ACCEPTANCE OF SELLER’S DISCLAIMER OF WARRANTIES, INCLUDING THE DISCLAIMER OF ANY APPLICABLE IMPLIED WARRANTY OF HABITABILITY, IS AN ESSENTIAL PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND SELLER. (B) Purchaser acknowledges and understands that JSTOR is an aggregator of third-party Contentif a dispute arises with Seller and the dispute results in a lawsuit, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR Purchaser will not be liableable to rely on the Implied Warranty of Habitability described above, and Institutional Licensees and Authorized Users agree that they will as a basis for suing Seller or as the basis of a defense if Seller sues Purchaser. (C) Seller shall not hold JSTOR liable be responsible for any loss, injury, claim, liability, incidental or consequential damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Contract

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Warranty Disclaimers. 11.1 Authorized Users recognize a) We represent and warrant that JSTOR is an aggregator of third-party Content, not during the creator Warranty Period the Licensed Products will conform to all substantial operational functions of the ContentLicensed Products described in the Documentation or in the applicable SOW. JSTOR represents Except as set out in any Product Terms, the "Warranty Period" is 90 days from the date the Licensed Product is delivered to you. If the Licensed Products do not conform during the Warranty Period, we will, at our option: (i) repair or replace the Licensed Product; or (ii) refund the license and warrants software maintenance fee for the non-conforming Licensed Product. If the Licensed Product is subject to a lease, we will refund payments made for the license and software maintenance fee and secure a release from future payments of the license and software maintenance fee under the laws lease. In the case of United States clause (ii), this Agreement will be terminated as it applies to the relevant Licensed Product. b) If we supply carrier rate information ("Rate Information") to you in connection with this Agreement, the media upon which the Rate Information is supplied are warranted to be free from defects for a period of 90 days after installation. Your sole remedy for breach of this warranty will be replacement of the Rate Information media. We do not warrant that to its knowledge the Rate Information itself is accurate. We will have no liability for any damages you may incur as a result of your use of the JSTOR Platform and Rate Information. c) There is no warranty if the Licensed Content by Authorized Users in accordance with the terms Products failed to perform because of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' your use of the JSTOR Platform Licensed Products in a manner not authorized by this Agreement or Content in violation of these Terms and Conditions of Usefor a purpose other than the ordinary purpose for which it is designed. If The warranty does not apply if the JSTOR Platform fails to operate in conformance with the terms of this AgreementLicensed Products have been altered, Institutional Licensee will immediately notify JSTORmodified, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR converted or repaired by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED anyone other than us. d) EXCEPT AS EXPRESSED IN THIS SECTION 11AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JSTOR PLATFORMLICENSED PRODUCTS, CONTENTDOCUMENTATION, SOFTWARE MAINTENANCE AND ACCESS SOFTWARE OTHER SERVICES ARE PROVIDED ON AN BY US "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (EXPRESSKIND, EITHER EXPRESS OR IMPLIED, ORALINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS, RELIABILITY, PERFORMANCE AND NON-INFRINGEMENT OR ANY INFORMATION GENERATED BY YOUR USE OF THE LICENSED PRODUCTS OR DOCUMENTATION. JSTOR AND ALL CONTENT PROVIDERS WE MAKE NO WARRANTIES WITH RESPECT TO WARRANTY THAT THE LICENSED PRODUCTS WILL MEET YOUR OR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUSTHIRD PARTY'S REQUIREMENTS, WORM, TIME BOMB, LOGIC BOMBWILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SUCH COMPUTER PROGRAMSOFTWARE OR HARDWARE SELECTED OR USED BY YOU OR ANY THIRD PARTY, EXCEPT OR THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORDEFECT IS CORRECTABLE. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: On Premise Software License Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize Seller warrants that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users Products delivered hereunder will be in accordance with the Seller's warranty policy which can be found at xxx.xxxxxxxxxxx.xxx//xxxxxxxx. The obligations of Seller and Buyer with respect to this warranty shall be governed by and in accordance with Seller's RMA policy described in Section 7 hereof. The terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will warranty do not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of specification required by Buyer or any kind that result from the unavailability of the JSTOR Platform Product which has been subject to misuse or Content, delays or interruption of the services provided hereunderneglect, or arising out of damaged by accident or in connection with Institutional Licenseethat has been modified by anyone without the Seller's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Useauthorization. If the JSTOR Platform fails to operate in conformance with the terms of this AgreementALL CLAIMS FOR ALLEGED DEFECTS IN THE PRODUCTS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING AND DELIVERED TO SELLER PURSUANT TO SECTION. 7. SELLER'S SOLE LIABILITY WITH RESPECT TO THE PRODUCTS SHALL BE LIMITED TO THE REPAIR, Institutional Licensee will immediately notify JSTORREPLACEMENT OR REFUND OF THE PURCHASE PRICE OF ANY DEFECTIVE PRODUCTS. THE SELLER, andIN ITS DISCRETION, subject to Section 10.1 aboveSHALL DETERMINE, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" A CASE BY CASE BASIS, WHETHER REPAIR, REPLACEMENT OR REFUND WILL BE THE REMEDY RESPECTING ANY SUCH DEFECTIVE PRODUCTS. IF THE APPLICABLE WARRANTY PERIOD DESCRIBED HAS NOT EXPIRED, SUCH REPAIR, REPLACEMENT OR REFUND SHALL BE SELLER'S SOLE LIABILITY AND JSTOR AND THE SOLE REMEDY THAT BUYER, ITS CUSTOMERS OR ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/USERS OF THE PRODUCTS SHALL HAVE AGAINST SELLER WITH RESPECT TO THE QUALITY, PERFORMANCE OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM USE OF ANY AND ALL OTHER WARRANTIESOF THE PRODUCTS. IF THE WARRANTY PERIOD HAS EXPIRED, CONDITIONS, OR REPRESENTATIONS SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (EXPRESSWHATSOEVER. BUYER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS CONTAINED IN THIS WARRANTY CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO IT WITH REGARD TO THE PRODUCTS. EXCEPT FOR THE EXPRESS WARRANTIES MADE IN THIS SECTION, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, ORALINCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM OR WRITTEN) RELATING TO JSTORTRADE AND INCLUDING, CONTENTBUT NOT LIMITED TO, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR , TITLE AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION NON-INFRINGEMENT OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES THIRD PARTY RIGHTS WITH RESPECT TO THE CONTENTPRODUCTS FURNISHED BY SELLER HEREUNDER. Certain jurisdictions do not permit the disclaimer of certain warranties, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders canso this limitation may not be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of ServiceBuyer. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, SOFTWARE AND ACCESS SOFTWARE THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITHOUT WARRANTIES OF ANY KIND (KIND, EXPRESS, STATUTORY OR IMPLIED, ORALINCLUDING, OR WRITTEN) RELATING TO JSTORBUT NOT LIMITED TO, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. JSTOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT QUANTCYCLES) ASSUME pg. 3THE ENTIRE COST OF ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM NECESSARY SERVICING OR REPAIR. QUANTCYCLES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMBUNINTERRUPTED OR ERROR FREE, OR OTHER SUCH COMPUTER PROGRAMTHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY QUANTCYCLES OR BY A REPRESENTATIVE OF QUANTCYCLES SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants you may have certain warranty rights which vary from state to state and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders which cannot be identified or locateddisclaimed by contract. JSTOR represents and warrants Any warranties that it has made diligent efforts to locate and seek permission by law survive the foregoing disclaimers shall terminate ninety (90) days from the holders of date you received the copyright and any other applicable rights in Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions foregoing limitation may not apply to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Serviceyou if prohibited by law. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Software User Agreement

Warranty Disclaimers. 11.1 Authorized Users recognize 1. Customer agrees and acknowledges that: (a) the Services and the API may not work entirely or properly with all operating systems or software languages; and that JSTOR is an aggregator of third-party Content, not (b) the creator performance of the ContentServices and/or API may be affected or interfered with by numerous factors outside of Vadoo's control, such as maintenance performance, failures in internet connectivity, malfunctions in the system and/or failures in the provision of third party services. 2. JSTOR represents and warrants under Vadoo reserves the laws of United States that right to its knowledge use of alter, remove, change, suspend or disable access to the JSTOR Platform and Licensed Content by Authorized Users in accordance with API and/or discontinue the terms of this Agreement will not infringe the copyright of Services at any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformitytime without notice. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee Vadoo be liable for the term removal of or disabling of access to the Services and/or API. 3. Vadoo does not warrant that the use of the agreement then Services and/or API will be uninterrupted, error-free or completely secure. Customer acknowledges that there are certain risks inherent in effectusing the Services and/or the API that could result, inter alia, in interruptions to the viewing process of or via Customer's System. 4. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS CUSTOMER AND/OR LICENSORS USER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND THE WEBSITE AND ANY OF THEIR CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT CUSTOMER'S AND USER'S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. Vadoo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES AND/OR THE WEBSITE ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS INFORMATION, SOFTWARE, OR ANY PARTS THEREOFAND LINKS), INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITYAS TO FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCEMERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, MERCHANTIBILITYSUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSELACK OF VIRUSES. JSTOR AND IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL CONTENT PROVIDERS MAKE NO OF THE ABOVE IMPLIED WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY APPLY TO YOU, THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR ABOVE EXCLUSIONS WILL EXERCISE A REASONABLE LEVEL OF CARE APPLY TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT YOU TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE FULLEST EXTENT PERMITTED BY OR THROUGH JSTORAPPLICABLE LAW. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimers. 11.1 Authorized Users recognize Subject to the obligations set forth in the Service Level Agreement. Customer does not warrant that JSTOR is an aggregator access to the Services will be provided without error or interruption, that WorldAPP will correct all service errors, or that the Services will meet all of third-party ContentCustomer’s requirements or expectations. Notwithstanding anything else in this Agreement, not the creator of the Content. JSTOR represents and warrants WorldAPP shall have no liability under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe or the copyright of any third party. The foregoing will not applyServices, however, pursuant to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated warranty in this Section 11. 11.2 JSTOR will not be liable7 or otherwise, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or relating to: (1) any use, re-transmission or reliance on inaccurate or incomplete Customer Data ; (2) the failure of Customer to provide the necessary information to WorldAPP in connection with Institutional Licensee's a timely manner and specified delivery method and formats; (3) non-WorldAPP errors or Authorized Users' omissions in use of, or input of any information or data; or (4) any issues related to the performance, operation or security of the JSTOR Platform or Content in violation of these Terms and Conditions of UseServices that arise from Customer Data. If the JSTOR Platform fails to operate in conformance with the terms of this AgreementEXCEPT AS EXPRESSLY PROVIDED HEREIN, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN NEITHER PARTY MAKES ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND (KIND, WHETHER EXPRESS, IMPLIED, ORALSTATUTORY OR OTHERWISE, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOFAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DATA OBTAINED FROM PUBLICLY AVAILABLE SOURCES OR FITNESS THIRD PARTIES IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE OR DAMAGES CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORTHIRD-PARTY HOSTING PROVIDERS. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Terms and Conditions of Subscription

Warranty Disclaimers. 11.1 Authorized Users recognize We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non- infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. You acknowledge and agree that JSTOR is an aggregator we shall not be liable for any damages or loss of third-party Contentany kind resulting from any unintentional error or omission by us in performing Mobile Deposit, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with or unintentional deviation from the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms conditions of this Agreement, Institutional Licensee will immediately notify JSTOR,including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Banking, andMobile Deposit, subject or any related services may be performed from time-to- time resulting in interrupted service, delays, or errors. Attempts to Section 10.1 above, JSTOR's sole obligation provide prior notice of scheduled maintenance will be to repair the nonconformitymade, but we cannot guarantee that such notice will be provided. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effectUNLESS OTHERWISE REQUIRED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. OTHER THAN NOR SHALL WE BE RESPONSIBLE FOR ANY EXPRESS WARRANTIES STATED LATE FEES, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING SERVICES RESULTING IN THIS SECTION 11, SUCH LIABILITY IN THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE TWO MONTH PERIOD PRECEDINGTHE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND "AS AVAILABLE" WITHOUT ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND (EXPRESSKIND, EITHER EXPRESSED OR IMPLIED, ORAL, OR WRITTEN) RELATING INCLUDING BUT NOT LIMITED TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY WITHOUT LIMITING THE TRANSMISSION GENERALITY OF A COMPUTER VIRUSTHE FOREGOING, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER WE DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO REGARDING THE CONTENTOPERATION, INFORMATION, MATERIALS PERFORMANCE OR OTHER SERVICES INCLUDED IN FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders canBE ERROR FREE). We shall not be identified responsible for liability, loss or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission damage of any kind resulting from the holders of the copyright and any other applicable rights delay in the Content. In some cases, JSTOR is relying on fair use under Section 107 performance of the U.S. Copyright Act, educational exceptions, or other similar provisions any failure to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees perform our responsibilities hereunder due to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Servicecauses beyond our reasonable control. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Mobile Banking and Mobile Deposit Terms and Conditions

Warranty Disclaimers. 11.1 Authorized Users recognize (A) THE PROPERTY IS BEING SOLD “AS IS”. SELLER HEREBY EXCLUDES AND DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, HABITABILITY AND MERCHANTABILITY. XXXXXX NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER ANY LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE PROPERTY, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR WRITTEN, COLLATERAL TO OR AFFECTING THIS CONTRACT, OR THE PROPERTY. XXXXX ACKNOWLEDGES THAT NO WARRANTY CLAIMS FOR ANY MATTERS RELATING TO THE CONDITION OF THE PROPERTY MAY BE MADE AGAINST SELLER. BUYER FURTHER ACKNOWLEDGES THAT XXXXX’S ACCEPTANCE OF SELLER’S DISCLAIMER OF WARRANTIES, INCLUDING THE DISCLAIMER OF ANY APPLICABLE IMPLIED WARRANTY OF HABITABILITY, IS AN ESSENTIAL PART OF THE AGREEMENT REACHED BETWEEN BUYER AND SELLER. (B) Xxxxx acknowledges and understands that JSTOR is an aggregator of third-party Contentif a dispute arises with Xxxxxx and the dispute results in a lawsuit, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR Xxxxx will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees able to rely on the Implied Warranty of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 Habitability described above, JSTOR's sole obligation will be to repair as a basis for suing Seller or as the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term basis of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTORa defense if Seller sues Buyer. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Contract

Warranty Disclaimers. 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED (a) EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS SECTION 11AGREEMENT, THE JSTOR PLATFORM, CONTENT, BURF AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/M.I.T. MAKE NO REPRESENTATIONS OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WARRANTIES OF ANY KIND (EXPRESSCONCERNING THE LICENSED PATENTS OR LICENSED DATA, EXPRESS OR IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED LIMITATION WARRANTIES OF QUALITYMERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, *** Information redacted pursuant to a confidential treatment request. JSTOR An unredacted version of this exhibit has been filed separately with the Commission VALIDITY OF LICENSED PATENT CLAIMS, WHETHER ISSUED OR PENDING, AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION ABSENCE OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, LATENT OR OTHER SUCH COMPUTER PROGRAMDEFECTS, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCESWHETHER OR NOT DISCOVERABLE. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENTSpecifically, INFORMATIONand not to limit the foregoing, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants BURF and M.I.T. make no warranty or representation (i) regarding the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified validity or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders scope of the copyright and any other applicable rights in Licensed Patents, or (ii) that the Content. In some cases, JSTOR is relying on fair use under Section 107 exploitation of the U.S. Copyright Act, educational exceptions, Licensed Patents or other similar provisions to the copyright laws Licensed Data or any Licensed Product will not infringe any patents or other intellectual property right laws rights of a Third Party. IN NO EVENT SHALL M.I.T., BURF, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER M.I.T. OR BURF SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING. (b) BURF acknowledges and agrees that nothing in this Agreement shall be construed as representing an estimate or projection of either (a) the number of Licensed Products that will or may be successfully developed or commercialized or (b) anticipated sales or the actual value of any Licensed Product and that the figures set forth in this Agreement or that have otherwise been discussed by the Parties are merely intended to define Licensee's royalty obligations to the Licensors in the United States or in other countriesevent such sales performance is achieved. JSTOR agrees LICENSEE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT IT WILL BE ABLE TO SUCCESSFULLY DEVELOP OR COMMERCIALIZE ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT IT WILL ACHIEVE ANY PARTICULAR SALES LEVEL OF SUCH LICENSED PRODUCT(S). Notwithstanding the foregoing, M.I.T. shall be entitled to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation terminate this Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR pursuant to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service8.2. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: License Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Warranty Disclaimers. 11.1 Authorized Users recognize Subject to the obligations set forth in the Service Level Agreement. XXXX.xxx does not warrant that JSTOR is an aggregator access to the Services will be provided without error or interruption, that XXXX.xxx will correct all service errors, or that the Services will meet all of third-party ContentCustomer’s requirements or expectations. Notwithstanding anything else in this Agreement, not the creator of the Content. JSTOR represents and warrants XXXX.xxx shall have no liability under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe or the copyright of any third party. The foregoing will not applyServices, however, pursuant to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated warranty in this Section 11. 11.2 JSTOR will not be liable7 or otherwise, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or relating to: (1) any use, re-transmission or reliance on inaccurate or incomplete Customer Data ; (2) the failure of Customer to provide the necessary information to XXXX.xxx in connection with Institutional Licensee's a timely manner and specified delivery method and formats; (3) xxx-XXXX.xxx errors or Authorized Users' omissions in use of, or input of any information or data; or (4) any issues related to the performance, operation or security of the JSTOR Platform or Content in violation of these Terms and Conditions of UseServices that arise from Customer Data. If the JSTOR Platform fails to operate in conformance with the terms of this AgreementEXCEPT AS EXPRESSLY PROVIDED HEREIN, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR's sole obligation will be to repair the nonconformity. In no event will JSTOR's liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN NEITHER PARTY MAKES ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND (KIND, WHETHER EXPRESS, IMPLIED, ORALSTATUTORY OR OTHERWISE, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOFAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DATA OBTAINED FROM PUBLICLY AVAILABLE SOURCES OR FITNESS FOR A PARTICULAR PURPOSETHIRD PARTIES IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. JSTOR AND XXXX.XXX DISCLAIMS ALL CONTENT PROVIDERS MAKE NO WARRANTIES LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS THAT CUSTOMER USES. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM THAT MAY BE OR DAMAGES CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCESANY THIRD-PARTY HOSTING PROVIDERS. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR8. INDEMNIFICATIONS. 11.3 The JSTOR Global Plants and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third-party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.

Appears in 1 contract

Samples: Subscription Agreement

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