Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the Agreement.

Warranty; Limitation of Liability. PROVIDER MAKES NO 9.1 ECI will perform our Services in a manner consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions. EXCEPT FOR THE FOREGOING WARRANTY, WHETHER EXPRESSTHE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES FURNISHED HEREUNDER OR IN CONNECTION HEREWITH. ECI AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR STATUTORYCONDITIONS OF TITLE, AS TO THE DESCRIPTION, QUALITYNON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE OF THE SERVICESPURPOSE, PARTICULAR, SPECIFIC OR ANY EQUIPMENTOTHERWISE. 9.2 ECI’s liability hereunder for damages regardless of the form of action, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMERshall not exceed the amount of money actually received by ECI in connection with the provision of the Services hereunder. This shall be the Customer’s sole and exclusive remedy, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMEDboth at law and in equity. IN NO EVENT SHALL PROVIDER ECI BE LIABLE TO CUSTOMER FOR (A) ANY LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF DATA, INACCURATE DATA, IMPROPER OUTPUT, CHARGEBACKS, ALTERATION OF DATA, DELAY IN DELIVERY, PERFORMANCE OF SERVICES, (B) TAX, BUSINESS, FINANCIAL, OR ANY OTHER PERSON, FIRM OPERATIONAL ADVICE OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, (C) FOR ANY DAMAGES, EITHER DIRECTSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY OTHER DAMAGES, CLAIM OR FOR DEMAND AGAINST A PARTY BY ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERTHIRD PARTY, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKESTHIS AGREEMENT, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS PERFORMANCE OR BREACH THEREOF, EVEN IF ECI HAS BEEN ADVISED OF PROVIDER PURSUANT TO THE AGREEMENT. In any eventPOTENTIAL FOR SUCH DAMAGES. 9.3 Customer hereby acknowledges that ECI shall, in the amount course of damages due from PROVIDER the performance of its Services hereunder, be required to Customer shall never exceeduse software and hardware not designed, and shall be written, produced or manufactured by ECI; provided, however, that ECI makes no representation or warranty regarding such materials including, but not limited to, any implied warranties of merchantability or fitness for a credit allowance equal to all payments made to the date particular purpose. 9.4 No action, regardless of the claimform thereof, but not to exceed arising out of the Services under this Agreement, may be brought by Customer more than one (1) months’ service fee at current rates. Without limiting year after the foregoing, PROVIDER cause of action has occurred. 9.5 The provisions of this Section 9 shall have no obligation to provide alternative services to those it has agreed to provide pursuant to be in full force and effect forever and shall survive the termination of the Agreement, regardless of the manner of or reason for termination.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTYEACH PARTY WARRANTS THAT THE SERVICES IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER AND TO THE REASONABLE SATISFACTION OF THE RECEIVING PARTY. ADDITIONALLY, EACH PARTY WARRANTS THAT THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER. EXCEPT AS EXPRESSLY PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCES OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, ALL SERVICES AND INFORMATION PROVIDED BY OR THROUGH THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECTIMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR EITHER PARTY’S BREACH OF THE LICENSES GRANTED TO THE INFORMATION IN SECTION 6.3 OR SECTION 8 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES, EITHER DIRECTSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, COVER, INCIDENTAL OR FOR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER DAMAGESTHEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR FOR BUSINESS, ANY LOST PROFITS LOSS OF ANY KIND GOODWILL OR NATURE WHATSOEVERREPUTATION, ARISING OUT OR COST OF ANY CLAIM REPLACEMENT GOODS AND/OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT SERVICES, EVEN IF IT HAS BEEN ADVISED OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT THE POSSIBILITY OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementSUCH DAMAGES.

Warranty; Limitation of Liability. PROVIDER TO THE FULLEST EXTENT OF THE LAW, AXXXXX MAKES NO WARRANTYWARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT), GUARANTIES, REPRESENTATIONS, EXPRESS, IMPLIED, ORAL OR OTHERWISE, OTHER THAN EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSUNDER THESE TERMS, IMPLIED UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR STATUTORY, AS TO OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE GENERALITY OF THE SERVICESFOREGOING, ADCAFE DOES NOT WARRANT OR ANY EQUIPMENTGUARANTY CONVERSION RATES, SOFTWARE RESPONSE RATES ON INTERNET TRAFFIC DELIVERED OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, PROVIDED BY COMPANY OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMEDITS AFFILIATES. IN NO EVENT SHALL PROVIDER ADCAFE BE LIABLE TO CUSTOMER RESPONSIBLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDINGINDIRECT DAMAGES INDCLUDING, WITHOUT LIMITATION, FOR LOST REVENUE OR PROFITS, IN ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT RELATED TO THE AGREEMENT, IO OR ADCAFE’S PERFORMANCE HEREUNDER, EVEN IF THE AFFECTED PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In any eventADCAFE WILL NOT BE LIABLE, the amount of damages due from PROVIDER to Customer shall never exceedOR CONSIDERED IN BREACH OF THIS AGREEMENT, and shall be limited toON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM UNDER THIS AGREEMENT AND/OR IO AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND ADCAFE’S CONTROL. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementADCAFE’S LIABILITY UNDER ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNTS PAID TO ADCAFE BY COMPANY PURUSANT TO THIS AGREEMENT.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTYLessor's liability arising out of delays in installation, WHETHER EXPRESScommencement or restoration of the Service to be provided under this Lease or out of mistakes, IMPLIED OR STATUTORYaccidents, AS omissions, interruptions, delays, errors or defects in transmission in the provision of Service hereunder shall in no event exceed the amount of the allowance, if any, available under Section 7 hereof. Without limiting the foregoing, Lessor shall --------- have no obligation to provide alternative routing with respect to any Service provided pursuant to this lease. SUBJECT TO THE DESCRIPTIONSECTION 7, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER LESSOR BE LIABLE TO CUSTOMER THE LESSEE OR LESSEE'S CUSTOMERS OR CLIENTS OR TO ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS INTERRUPTION, OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES AUTHORITIES, ARISING OUT OF OR RELATING TO THE AGREEMENT THIS LEASE OR THE OBLIGATIONS OF PROVIDER LESSOR PURSUANT TO THIS LEASE. EXCEPT AS SET FORTH IN SCHEDULE 5 OR IN SECTION 5 HEREOF, LESSOR MAKES NO WARRANTY, WHETHER EXPRESS, --------- IMPLIED, OR STATUTORY, AS TO THE AGREEMENTDESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICE, OR THE LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY LESSOR ARE HEREBY EXCLUDED AND DISCLAIMED. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementSEE SCHEDULE 5 WHERE INDUSTRY STANDARDS ARE DETAILED.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTYEACH PARTY warrants that the services IT provideS under this Agreement will be provided in a professional manner AND TO THE REASONABLE SATISFACTION OF THE RECEIVING PARTY. ADDITIONALLY, EACH PARTY warrants that the INFORMATION IT provideS under this Agreement will be provided in a professional manner. Except as expressly provided in the immediately preceding sentenceS or as otherwise expressly set forth in this agreement or an equipment listing form, ALL SERVICES AND INFORMATION PROVIDED BY OR THROUGH THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECTIMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR Either party’s BREACH OF THE LICENSES GRANTED TO THE INFORMATION IN SECTION 6.3 or Section 8 of this Agreement, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES, EITHER DIRECTSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, COVER, INCIDENTAL OR FOR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER DAMAGESTHEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR FOR BUSINESS, ANY LOST PROFITS LOSS OF ANY KIND GOODWILL OR NATURE WHATSOEVERREPUTATION, ARISING OUT OR COST OF ANY CLAIM REPLACEMENT GOODS AND/OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT SERVICES, EVEN IF IT HAS BEEN ADVISED OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT THE POSSIBILITY OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementSUCH DAMAGES.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTY5.1 The quality of the Troux Xxxnt (excluding the Equipment) leased hereunder shall be consistent with the specifications set forth or referred to in Exhibit A hereto. 5.2 EXCEPT AS EXPRESSLY STATED IN SECTION 1.8 OR IN THIS ARTICLE 5, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER EITHER PARTY HERETO BE LIABLE TO CUSTOMER THE OTHER PARTY OR THE OTHER PARTY'S CUSTOMERS OR CLIENTS OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSIONINTERRUPTIONS, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR AUTHORITIES, RELATING TO THE THIS AGREEMENT OR THE OBLIGATIONS OF PROVIDER SUCH PARTY PURSUANT TO THE THIS AGREEMENT. In any eventEXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, the amount of damages due from PROVIDER to Customer shall never exceedNEITHER PARTY MAKES ANY WARRANTY, and shall be limited toWHETHER EXPRESS, a credit allowance equal to all payments made to the date of the claimIMPLIED, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoingOR STATUTORY, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementAS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE TROUX XXXD, THE TROUX XXXNT OR THE SERVICES PROVIDED HEREUNDER OR AS TO ANY OTHER MATTER.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTYEACH PARTY WARRANTS THAT THE SERVICES IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER AND TO THE REASONABLE SATISFACTION OF THE RECEIVING PARTY. ADDITIONALLY, EACH PARTY WARRANTS THAT THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER. EXCEPT AS EXPRESSLY PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCES OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, ALL SERVICES AND INFORMATION PROVIDED BY OR THROUGH THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECTIMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR Either party’s BREACH OF THE LICENSES GRANTED TO THE INFORMATION IN SECTION 6.3 or Section 8 of this Agreement, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES, EITHER DIRECTSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, COVER, INCIDENTAL OR FOR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER DAMAGESTHEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR FOR BUSINESS, ANY LOST PROFITS LOSS OF ANY KIND GOODWILL OR NATURE WHATSOEVERREPUTATION, ARISING OUT OR COST OF ANY CLAIM REPLACEMENT GOODS AND/OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT SERVICES, EVEN IF IT HAS BEEN ADVISED OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT THE POSSIBILITY OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the AgreementSUCH DAMAGES.

Warranty; Limitation of Liability. PROVIDER a. ANY DEVELOPER SERVICES SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, NEITHER PARTY MAKES NO WARRANTYANY WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, AS WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT. ALL TECHNICAL INFORMATION, HARDWARE, SOFTWARE, LOGOS, TRADEMARKS AND CONFIDENTIAL INFORMATION PROVIDED BY EITHER PARTY TO THE DESCRIPTION, QUALITY, OTHER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND EACH PARTY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. b. EXCEPT FOR BREACH OF ANY PURPOSE OF THE SERVICESLICENSES GRANTED HEREIN, BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS OR ANY EQUIPMENTLIABILITY FOR INDEMNITY UNDER SECTION N (INDEMNIFICATION), SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN UNDER NO EVENT SHALL PROVIDER CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER PERSON, FIRM LEGAL OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATIONEQUITABLE THEORY, FOR ANY DAMAGES, EITHER DIRECTINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, SPECIAL OR FOR ANY OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT OR ITS TERMINATION. EXCEPT FOR BREACH OF ANY KIND OF THE LICENSES GRANTED HEREIN, BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS OR NATURE WHATSOEVERLIABILITY UNDER SECTION N (INDEMNIFICATION), ARISING OUT NEITHER PARTY'S LIABILITY HEREUNDER SHALL EXCEED THE AMOUNT OF ANY CLAIM THE FEE(S) OWED OR DISPUTE INCLUDING BUT PAID (WHICHEVER IS GREATER) BY DEVELOPER. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE AND NOT LIMITED PER INCIDENT (THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). c. EACH PARTY CONFIRMS THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS SECTION M ARE THE MATERIAL, BARGAINED FOR BASIS OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED THE DECISION BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING EACH PARTY TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE ENTER INTO THIS AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the Agreement.

Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTYALL PRODUCTS OBTAINED FOR THE REFERENCED SUBSIDIARIES ARE AS IS, WHETHER EXPRESS, IMPLIED OR STATUTORYWHERE IS, AS TO MMWW, WITH ALL FAULTS, OTHER THAN FAULTS DUE TO THE DESCRIPTIONGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MMWW. NEITHER MMWW NOR ANY MMWW SUBSIDIARY PERFORMING ANY SERVICES HEREUNDER MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, QUALITYEXPRESS OR IMPLIED, MERCHANTABILITY, COMPLETENESS INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED FOR OR PRODUCTS OBTAINED FOR THE REFERENCED SUBSIDIARIES, INCLUDING WITHOUT LIMITATION THOSE RENDERED BY OR OBTAINED FROM A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT A WARRANTY PROVIDED BY A THIRD PARTY MANUFACTURER OR PROVIDER OF GOODS OR SERVICES TO MMWW OR ITS SUBSIDIARIES CAN BE PASSED-ON TO THE SERVICESREFERENCED SUBSIDIARIES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS NOTHING HEREIN IS INTENDED TO ANY OTHER MATTER, LIMIT SAME AND THE REFERENCED SUBSIDIARIES SHALL HAVE THE RIGHT TO THE BENEFITS (SUBJECT TO THE TERMS AND CONDITIONS THEREOF) OF ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMEDSUCH THIRD PARTY WARRANTIES. IN NO EVENT SHALL PROVIDER MMWW OR THE REFERENCED SUBSIDIARIES BE LIABLE TO CUSTOMER THE OTHER PARTY OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, PERSON FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, SPECIALREGARDLESS OF FAULT. TO THE EXTENT ANY THIRD PARTY HAS LIMITED ITS LIABILITY TO MMWW FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, INCIDENTAL, ACTUAL, PUNITIVE, OR THE REFERENCED SUBSIDIARIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY OTHER DAMAGES, PRODUCT OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED SERVICE PROVIDED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED MMWW BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE SUCH THIRD PARTY UNDER SUCH AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the Agreement.