Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable.

Warranty; Limitation of Liability. Monotype Seller warrants to you only that the Licensed Web Fonts will perform Goods shall be substantially in accordance with W3C Seller's specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s)Goods. The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE THIS WARRANTY IS EXCLUSIVE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH IS IN LIEU OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR ALL OTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, AS TO NONINFRINGEMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSEUSE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may be barred. This warranty shall not apply to youany Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. AlsoAll Goods, some states including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or jurisdictions do not allow applications of the exclusions Goods reflect Seller's opinion, and Seller makes no warranty of implied warranties results to be obtained. Buyer assumes all risks and responsibility for results in the use or limitations on how long an implied warranty may lasthandling of the Goods, so whether used singly or in combination with other products. Buyer shall inspect the above limitations may not apply to youGoods immediately after delivery. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to twenty-one (21) days. Some jurisdictions do not permit a limitation refund of implied warranties where the product results purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in physical injury or death so such limitations may not apply to you. In those jurisdictionsquality, you agree that Monotype’s liability for such physical injury or death and Seller shall not exceed One Hundred Thousand Dollars ($100,000) United States dollarsbe liable otherwise, provided that such jurisdictions permit a limitation including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of such liability. This warranty gives you specific legal rights. You may have breach of warranty, negligence, strict liability in tort or other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundablecauses.

Warranty; Limitation of Liability. Monotype Seller warrants to you only that the Licensed Web Fonts will perform Goods shall be substantially in accordance with W3C Buyer’s specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s)Goods. The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE THIS WARRANTY IS EXCLUSIVE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH IS IN LIEU OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND/OR NON-INFRINGEMENT, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states Seller’s warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may shall be barred. This warranty shall not apply to youany Goods which have been repaired or altered outside of Seller’s facilities in any way or because of accident, negligence, abuse or misuse. AlsoAll Goods, some states including those produced to meet Buyer’s specifications, shall be subject to tolerances and variations consistent with usual and ordinary trade practices, or jurisdictions do the parties’ prior course of dealing, with respect to dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods. Returned Goods will not allow be accepted unless Seller is notified in writing and authorizes the exclusions return prior to shipment. Any suggestions made by Seller concerning uses or applications of implied warranties or limitations on how long an implied the Goods reflect Seller’s opinion, and Seller makes no warranty may last, so the above limitations may not apply of results to yoube obtained. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product Buyer assumes all risks and responsibility for results in physical injury the use or death so such limitations may not apply to you. In those jurisdictionshandling of the Goods, you agree that Monotype’s liability for such physical injury whether used singly or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have in combination with other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundableproducts.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one twentyone (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable.

Warranty; Limitation of Liability. Monotype Seller warrants to you only that the Licensed Web Fonts will perform Goods shall be substantially in accordance with W3C Seller's specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s)Goods. The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE THIS WARRANTY IS EXCLUSIVE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH IS IN LIEU OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR ALL OTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, AS TO NONINFRINGEMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSEUSE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may be barred. This warranty shall not apply to youany Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. AlsoAll Goods, some states including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Xxxxxx is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or jurisdictions do not allow applications of the exclusions Goods reflect Seller's opinion, and Xxxxxx makes no warranty of implied warranties results to be obtained. Buyer assumes all risks and responsibility for results in the use or limitations on how long an implied warranty may lasthandling of the Goods, so whether used singly or in combination with other products. Buyer shall inspect the above limitations may not apply to youGoods immediately after delivery. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are Buyer's exclusive remedy and Xxxxxx's sole liability hereunder shall be limited to twenty-one (21) days. Some jurisdictions do not permit a limitation refund of implied warranties where the product results purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in physical injury or death so such limitations may not apply to you. In those jurisdictionsquality, you agree that Monotype’s liability for such physical injury or death and Seller shall not exceed One Hundred Thousand Dollars ($100,000) United States dollarsbe liable otherwise, provided that such jurisdictions permit a limitation including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of such liability. This warranty gives you specific legal rights. You may have breach of warranty, negligence, strict liability in tort or other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundablecauses.