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Common use of Warranty Limitation Clause in Contracts

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states

Appears in 2 contracts

Samples: Participating Addendum, Software License and Maintenance Agreement

Warranty Limitation. EXCEPT YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF KLYNT IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE APPLICATION AND OTHER THE PLAYER AND ANY SERVICES RELATING TO ANY OF THE FOREGOING RENDERED BY THEM ARE PROVIDED "AS IS"; ” WITH ALL DEFECTS AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO GUARANTEE OF ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUALKIND. THE EXPRESS EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS AND CONDITIONS, EXPRESSED, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILITY OR FITNESS MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTSPURPOSE, ACCURACY, PERFORMANCEEASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, RESOURCE UTILIZATION OR INFRINGEMENTALL AS TO THE EDITOR. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX EDITOR DOES NOT REPRESENT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, OR WARRANT TO THE EFFECT THAT THE PITNEY XXXXX SOFTWARE FUNCTIONS CONTAINED IN THE APPLICATION OR EXCLUDED SOFTWARE THE SERVICES PROVIDED BY THE APPLICATION WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION WILL OPERATE ERROR-FREE OR BE UNINTERRUPTED OR FREE EXEMPT FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTYDEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY DEFECT THEREIN ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITTING BY THE SOFTWARE MAINTENANCE EDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE. SHOULD YOUR INTERACTIVE PROGRAM PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. CERTAIN COUNTRY LAWS ALLOWING NEITHER THE EXCLUSION OF IMPLIED WARANTIES NOR LIMITATIONS ON APPLICABLE CONSUMERS’ RIGHTS, IT IS CORRECTABLEPOSSIBLE THAT THE EXCLUSION AND LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. Some statesThe Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet. In the event of a search using the Application, as the editor cannot exercise any control over these websites and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of obtaining reprehensible or irrelevant results. In certain instances, the contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address using the Application can automatically and accidentally produce links or references to such information. By using the Application, you understand that the editor makes no declaration or warranty as to the sites or information displayed or to which access is given by the Application, nor as to any web service provided by the Application in connection with such sites or information. The editor and its representatives cannot in any case be held responsible, directly or indirectly, by you or any other person, for the results obtained by the Application or for any other inaccuracies, errors or omissions therein.

Appears in 2 contracts

Samples: Single User and Campus License Agreement, Single User and Campus License Agreement

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN Except for those warranties expressly provided herein, you hereby acknowledge and agree that CapWize (including Directors, managers, shareholders, Affiliates, Subsidiaries, officers, employees, agents, directors and independent contractors of CapWize) has not made any other warranties, express or implied, concerning the Website, INFORMATION PROVIDED, or the INFORMATION, PRODUCTS OR SERVICES OFFERED ThRough THIS AGREEMENTWEBSITE. THE WEBSITE AND ALL INFORMATION, THE PITNEY XXXXX SOFTWARECONTENT, EXCLUDED SOFTWAREMATERIALS, USER MANUAL, SOFTWARE MAINTENANCE PRODUCTS AND OTHER SERVICES RELATING INCLUDED ON OR OTHERWISE MADE AVAILABLE TO ANY OF THE FOREGOING YOU THROUGH THIS SITE ARE PROVIDED BY CapWize ON AN "AS IS" AND "; AND PITNEY XXXXX DOES NOT MAKEAS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CapWize DISCLAIMS, AND LICENSEE SPECIFICALLY DISCLAIMSYOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS ALL WARRANTIES EXPRESSED OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWAREINCLUDING, EXCLUDED SOFTWAREWITHOUT LIMITATION, USER MANUALALL IMPLIED WARRANTIES OF MERCHANTABILITY, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTSor any warranties regarding completeness, ACCURACYaccuracy, PERFORMANCEreliability, RESOURCE UTILIZATION OR INFRINGEMENTsuitability or availability with respect to the Website or the information, CONTENT, REPORTS, products, services, or related graphics contained on the Website for any purpose. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX CapWize hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, That products OR SERVICES will meet your requirements, OR THE QUALITY OF ANY PRODUCTS OR SERVICES. Any reliance you place on such information is therefore strictly at your own risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XXXXXXX DOES NOT REPRESENT WARRANT OR WARRANT GUARANTEE that ANY SELECTION OR PICK OR OTHER SERVICES RELATED TO ANY SPORTS COMPETITION WILL RESULT IN OR PRODUCE A SUCCESSFUL, WINNING, REVENUE-PRODUCING, OR PROFITABLE OUTCOME IF ACTED ON BY YOU. tHE COMPANY PROVIDES ITS PRODUCTS AND SERVICES, INCLUDING ALL SELECTIONS OR PICKS OTHER SERVICES RELATED TO ANY SPORTS COMPETITION WITHOUT ANY WARRANTIES OR GUARANTEES, IN EACH CASE, EXPRESS OR IMPLIED OR OTHERWISE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE information, content, MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE information, content, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH information, content, MATERIALS OR SERVICES. The fact that CapWize is including or offering any product or service on the Website is not an endorsement or a recommendation of the product or service. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL CAPWIZE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, REPORTS, MAPS, TESTS, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, INACCURATE INFORMATION, CONTENT, REPORTS, MAPS, RESULTS, SCORES, RECOMMENDATIONS, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF CAPWIZE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAPWIZE MAKES NO REPRESENTATION OR WARRANTY THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S WEBSITE, CONTENT, SOFTWARE, OR ANY THIRD-PARTY'S REQUIREMENTSINFORMATION OR SERVICE OFFERED THROUGH THE WEBSITE IS APPLICABLE AND APPROPRIATE FOR USE or access outside the united states. Notwithstanding anything to the contrary contained herein, WILL OPERATE ERROR-FREE XxxXxxx’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CapWize for the PRODUCTS AND/OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some statesSERVICES.

Appears in 1 contract

Samples: Terms of Use Agreement

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTWE DO NOT GUARANTEE OR WARRANT THE PERFORMANCE OF THE SERVICES OR PROGRAMS PROVIDED HEREUNDER. INCLUDING, BUT NOT LIMITED TO, THE PITNEY XXXXX SOFTWARENUMBER OF CONSUMER REQUESTS OR VEHICLE SALES/LEASES DEALER MAY RECEIVE AND/OR CONSUMMATE UNDER THE APPLICABLE PROGRAM, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER IF ANY. THE DEALER APPOINTMENT SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AS-IS AND PITNEY XXXXX DOES WE DO NOT MAKEGUARANTEE OR WARRANT THE PERFORMANCE OF THOSE SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS THAT WILL BE SUCCESSFULLY CONTACTED TO SCHEDULE AN APPOINTMENT OR THAT ANY SUCH CUSTOMERS WILL ATTEND ANY SCHEDULED APPOINTMENT. TRAINING IS PROVIDED AS-IS AND LICENSEE WE DO NOT GUARANTEE OR WARRANT THE PERFORMANCE OF THOSE TRAINING SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE SUCCESS RATE OF DEALER IN CLOSING SALES AFTER TRAINING. DEALER SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WAIVES ALL WARRANTIES, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, REGARDING ARISING OUT OF OR IN CONNECTION WITH THE PITNEY XXXXX SOFTWARE, SERVICES OR PROGRAMS TO BE PROVIDED BY US HEREUNDER. SPECIFICALLY EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY TO, WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF BUSINESS PROFITS OR WARRANTY OF DATA OR RELATING TO RESULTSFOR ANY CONSEQUENTIAL, ACCURACYINCIDENTAL, PERFORMANCEEXEMPLARY, RESOURCE UTILIZATION PUNITIVE OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT SIMILAR DAMAGES OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR FOR ANY THIRD-PARTY'S REQUIREMENTSPARTY CLAIMS OR DAMAGES, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN EVEN IF ADVISED OF THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some statesPOSSIBILITY OFSUCHDAMAGES.

Appears in 1 contract

Samples: Dealer Agreement (Autobytel Inc)

Warranty Limitation. EXCEPT YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF XXXXX VR IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PITNEY XXXXX SOFTWAREAPPLICATION AND ITS ASSOCIATED SOFTWARE (WEB PLAYER, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE MOBILE APPLICATION AND OTHER CLOUD SERVICE) AND ANY SERVICES RELATING TO ANY OF THE FOREGOING RENDERED BY THEM ARE PROVIDED "AS IS"; ” WITH ALL DEFECTS AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO GUARANTEE OF ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUALKIND. THE EXPRESS EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS AND CONDITIONS, EXPRESSED, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILITY OR FITNESS MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTSPURPOSE, ACCURACY, PERFORMANCEEASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, RESOURCE UTILIZATION OR INFRINGEMENTALL AS TO THE EDITOR. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX EDITOR DOES NOT REPRESENT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, WEB PLAYER OR WARRANT MOBILE APPLICATION, OR CLOUD SERVICE TO THE EFFECT THAT THE PITNEY XXXXX SOFTWARE FUNCTIONS CONTAINED IN ANY OF THE FORMER, OR EXCLUDED SOFTWARE THE SERVICES PROVIDED WILL MEET LICENSEE'S YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION OR ANY THIRD-PARTY'S REQUIREMENTS, OF ITS ASSOCIATED SOFTWARES WILL OPERATE ERROR-FREE OR BE UNINTERRUPTED OR FREE EXEMPT FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTYDEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY DEFECT THEREIN ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITING BY THE SOFTWARE MAINTENANCE IS CORRECTABLEEDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE. Some statesSHOULD YOUR INTERACTIVE PROGRAM PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. The Application and the Mobile Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet. In the event of a search using the Application or Mobile Application, as the editor cannot exercise any control over these websites, Interactive Program and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of obtaining reprehensible or irrelevant results. In certain instances, the contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address using the Application can automatically and accidentally produce links or references to such information. By using the Application, you understand that the editor makes no declaration or warranty as to the sites or information displayed or to which access is given by the Application, nor as to any web service provided by the Application in connection with such sites or information. The editor and its representatives cannot in any case be held responsible, directly or indirectly, by you or any other person, for the results obtained by the Application or for any other inaccuracies, errors or omissions therein.

Appears in 1 contract

Samples: License Agreement

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE PROVIDE THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "PROGRAMS “AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, .” NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EXPRESS, ORAL, IMPLIED OR IMPLIEDSTATUTORY, REGARDING THE PITNEY XXXXX SOFTWAREPROGRAMS AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY, EXCLUDED SOFTWAREINCLUDING, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY TO, THE QUALITY, COMPLETENESS, PERFORMANCE, NONINFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROGRAMS OR WARRANTY COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS SHALL BE LIABLE TO DEALER OR ANY END USER OR ANY OTHER PARTY FOR INJURY TO ANY PERSON OR PROPERTY WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE PROGRAMS OR FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATING TO RESULTSTHE PROGRAMS, ACCURACYEVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SPECIFICALLY, PERFORMANCENEITHER WE NOR ANY OF OUR THIRD PARTY SUPPLIERS SHALL BE RESPONSIBLE FOR ANY LOST PROFITS OR REVENUE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOINGCOSTS, PITNEY XXXXX DOES INCLUDING, BUT NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX LIMITED TO, BUSINESS INTERRUPTION, COST OF RECOVERING SOFTWARE OR EXCLUDED DATA, COST OF SUBSTITUTE SOFTWARE WILL MEET LICENSEE'S OR DATA, OR OTHER SIMILAR COSTS. IN NO EVENT SHALL OUR OR ANY THIRD-PARTY'S REQUIREMENTSOF OUR THIRD PARTY SUPPLIER’S TOTAL LIABILITY OF ANY KIND, WILL OPERATE ERROR-FREE REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILUREEQUITABLE ACTION MAY BE BROUGHT, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN EXCEED THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some statesTOTAL AMOUNT PAID TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.

Appears in 1 contract

Samples: Dealer Agreement (Autobytel Inc)

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some statesOR

Appears in 1 contract

Samples: Software License and Maintenance Agreement

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S REQUIREMENTS, WILL OPERATE ERROR-ERROR FREE OR UNINTERRUPTED UNINTERRUPED OR FREE FROM OTHER DEFECT OR OF FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states3 PROPRIETARY RIGHTS

Appears in 1 contract

Samples: Software License and Maintenance Agreement