Common use of Warranty Limitations Clause in Contracts

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 9 contracts

Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement

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Warranty Limitations. 10.1 8.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 8.2. JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 8.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 8.5. CUSTOMER MAY HAVE OTHER RIGHTS, RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE NEGATIVELY AFFECT SUCH RIGHTS.

Appears in 7 contracts

Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 6 contracts

Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement

Warranty Limitations. 10.1 10.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 10.2. JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 10.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 10.5. CUSTOMER MAY HAVE OTHER RIGHTS, RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE NEGATIVELY AFFECT SUCH RIGHTS.

Appears in 6 contracts

Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE THE PRODUCT INCLUDES EXPERIMENTAL AND EARLY PRE-RELEASE SOFTWARE, WHICH IS PROVIDED TO CUSTOMER YOU ON AN “AS IS” AND “AS AVAILABLE” BASISBASIS WITHOUT ANY WARRANTIES. USE OF THE PRODUCTS PRODUCT IS AT CUSTOMER’S YOUR OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ PRODUCT’S USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND ITS SUPPLIERS AND RESELLERS (COLLECTIVELY HEREUNDERCOLLECTIVELY, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) ), WITH REGARD TO THE PRODUCTS PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. . 10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTSPRODUCT: (A) ARE IS ACCURATE, RELIABLE RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTSYOUR REQUIREMENTS OR SPECIFICATIONS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE IS FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 COMPONENTS OR THAT ANY CONTENT, INCLUDING YOUR OR YOUR USERS’ DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS PRODUCT ARE DOWNLOADED AT CUSTOMER’S YOUR OWN RISK; CUSTOMER AGREES IT IS RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH A DOWNLOAD. ‘DATA’ FOR PURPOSES OF THIS PARAGRAPH REFERS TO ANY ‘data’ REGARDLESS OF WHETHER OR NOT SUBMITTED. 10.4 CUSTOMER YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 4 contracts

Samples: User Agreement, User Agreement, User Agreement

Warranty Limitations. 10.1 11.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S YOUR OWN RISK. 10.2 11.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER YOUR REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 11.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S YOUR OWN RISK; CUSTOMER AGREES IT IS YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER 11.4 YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 3 contracts

Samples: User Agreement, User Agreement, User Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED Xxxxxx Biomet will have no liability for defects or non- conformances resulting from (a) unauthorized, improper or inadequate modification, maintenance or calibration by Customer or any third party; (b) Software, Services, and content provided by Third Party Contributors and any other software, hardware, interfacing, or supplies not supplied by Xxxxxx Biomet; (c) Customer’s failure to comply with applicable specifications provided to Customer; (d) improper preparation or maintenance by Customer or a third party; or (e) any Customer Data. TO THE FULLEST EXTENT PERMITTED BY LAW, XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS DO NOT WARRANT THAT THE PLATFORM WILL MEET THE REQUIREMENTS OF CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. OR ANY USERS OR THAT THE OPERATION OR USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. WHILE XXXXXX BIOMET SHALL USE ITS REASONABLE EFFORTS TO MEET DEADLINES FOR PERFORMANCE OF ITS SERVICE OBLIGATIONS UNDER ANY SLA, TIME FOR SUCH PERFORMANCE SHALL NOT BE OF THE ESSENCE OF THE SLA AND XXXXXX BIOMET SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN PERFORMANCE UNDER THE SLA. EXCEPT FOR THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED, XXXXXX BIOMET MAKES NO WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE PLATFORM MEETS ANY TECHNOLOGY, SECURITY, INFRASTRUCTURE OR PRIVACY SPECIFICATIONS AS TO MAY BE REQUIRED BY ANY STATE, FEDERAL OR INTERNATIONAL PRIVACY LAWS GOVERNING THE PRODUCTS’ USE OF AUDIO OR PERFORMANCEVIDEO COMMUNICATION TECHNOLOGY FOR HEALTH CARE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWSTATE, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORSFEDERAL, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD INTERNATIONAL LAWS AND ANY APPLICABLE THIRD-PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) PAYOR REIMBURSEMENT REQUIREMENTS WITH REGARD TO ANY SERVICE PROVIDED UNDER A SLA OR CUSTOMER’S USE OF THE PRODUCTS AND THE PROVISION OF PLATFORM. IN NO EVENT SHALL XXXXXX BIOMET OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE ANY THIRD PARTY CONTRIBUTOR BE LIABLE FOR CUSTOMER’S NON- COMPLIANCE WITH ANY LAW, JETBRAINS PARTIES DO NOT REPRESENT RULE OR WARRANT THAT REGULATION OR ANY THIRD PARTY PAYOR REIMBURSEMENT REQUIREMENT RESULTING FROM CUSTOMER’S USE OF THE PRODUCTSPLATFORM, INCLUDING, WITHOUT LIMITATION: (A) ARE ACCURATE, RELIABLE OR CORRECTMEDICAL DOCUMENTATION REQUIREMENTS; (B) WILL MEET ANY CUSTOMER REQUIREMENTSREQUIREMENTS RELATED TO THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR HEALTH CARE SERVICES; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME ORIGINATING AND DISTANT SITE REQUIREMENTS; OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE STATE OR NATIONAL LAW LICENSURE OR LOCATION REQUIREMENTS. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS HARMLESS FROM AND AGAINST ANY LOSS, CLAIM, DAMAGE, COST, EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LIABILITY ARISING OUT OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE RELATING TO CUSTOMER’S USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADPLATFORM. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 2 contracts

Samples: Warranties, Warranties

Warranty Limitations. 10.1 11.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S YOUR OWN RISK. 10.2 11.2. JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 11.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER YOUR REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.;

Appears in 2 contracts

Samples: User Agreement, User Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE EXCEPT AS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER WARRANTY, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDINGIMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES TO ANY WARRANTY OF MERCHANTABILITY; MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE; TITLE; , AND NON-INFRINGEMENT) WITH REGARD SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO THE PRODUCTS AND THE PROVISION BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR FAILURE TO PROVIDE SUPPORT SERVICESTHEORY OF RECOVERY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFURTHERMORE, JETBRAINS PARTIES DO SELLER SHALL NOT REPRESENT HAVE ANY LIABILITY OR WARRANT THAT THE PRODUCTS: OBLIGATION UNDER SUBSECTIONS (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMERFOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S OWN RISKREASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; CUSTOMER AGREES WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS SOLELY RESPONSIBLE LEGALLY RESPONSIBLE; USE FOR ANY DAMAGE TO ITS PROPERTY PURPOSES OR LOSS APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF DATA THAT RESULTS FROM SUCH DOWNLOADTHE GOODS OR SERVICES. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Warranty Limitations. 10.1 ALL PRODUCTS THE LIMITED WARRANTIES SET FORTH ABOVE ARE PROVIDED APPLICABLE SOLELY TO THE ZONAR OFFERINGS AND ARE MADE PERSONALLY TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASISIN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO DATA AND ZONAR EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE PRODUCTS’ USE ACCURACY, COMPLETENESS OR PERFORMANCESUFFICIENCY OF SUCH DATA. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTIES SET FORTH ABOVE, JETBRAINS (ZONAR MAKES NO WARRANTY THAT THE HARDWARE, SOFTWARE OR ITS AFFILIATESSERVICES WILL BE AVAILABLE, SHAREHOLDERSACCESSIBLE, AGENTSUNINTERRUPTED, DIRECTORSTIMELY, AND EMPLOYEES)SECURE, ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ERROR FREE; OR OTHERWISE MEET CUSTOMER’S EXPECTATIONS. ZONAR ALSO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY; MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; TITLE; , AND NONANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. INSTALLED HARDWARE REQUIRES CONTINUAL ACCESS TO AN ON-INFRINGEMENTVEHICLE POWER SOURCE, AND MAY REQUIRE CONNECTIVITY TO ONBOARD DIAGNOSTIC PORT(S), VEHICLE BUSES, AND/OR OTHER VEHICLE SENSORS, COMPUTING SYSTEMS, AND ANCILLARY COMPONENTS (COLLECTIVELY “COMPONENTS”) WITH REGARD TO PROVIDE THE PRODUCTS AND THE PROVISION OF OR SERVICES. FAILURE TO PROVIDE SUPPORT EXCLUSIVE ACCESS TO THESE COMPONENTS, USE OF A SPLITTER OR OTHER DEVICE THAT CONNECTS MULTIPLE DEVICES TO A SINGULAR COMPONENT, OR SIMULTANEOUS OPERATION OF THIRD PARTY HARDWARE OR SERVICES, MAY IMPACT PERFORMANCE OF THE HARDWARE, THE ACCURACY AND DELIVERY OF THE SERVICES, AS WELL AS THE PERFORMANCE OF THE VEHICLE AND THIRD PARTY DEVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT ZONAR MAKES NO REPRESENTATIONS OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; WARRANTIES REGARDING HARDWARE INSTALLED AND/OR (E) ARE FREE USED IN CONTRAVENTION OF VIRUSES THIS PARAGRAPH, AND ZONAR SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR OTHER HARMFUL COMPONENTSANY THIRD PARTY WITH RESPECT TO THE HARDWARE, SERVICES, VEHICLE, OR ANY THIRD PARTY DEVICE. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 2 contracts

Samples: Zonar Terms & License Agreement for Hardware Use, Data Transmission, & Data Storage Services, Vendor Agreement

Warranty Limitations. 10.1 THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL PRODUCTS OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF TSEC, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITES ARE PROVIDED EXPRESSLY AGREED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE IN WRITING BY XXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSEC SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS OR RELATING TO THE PRODUCTS’ PV MODULE(S) INCLUDING, WITHOUT LIMITATION, ANY DEFECTS AND/OR FAILURES IN THE PV MODULE(S) OR FROM USE OR PERFORMANCEINSTALLATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (UNDER NO CIRCUMSTANCE SHALL TSEC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR ITS AFFILIATESSPECIAL DAMAGES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESHOWSOEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES IN NO EVENT SHALL TSEC’S AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PV MODULE(S) WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. THIS LIMITED WARRANTY GIVE THE CUSTOMER SPECIFIC LEGAL RIGHTS, AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT REPRESENT ALLOW LIMITATIONS ON WARRANTIES OR WARRANT THAT EXCLUSIONS OR LIMITATION OF DAMAGES, SO THE PRODUCTS: (A) ARE ACCURATE, RELIABLE ABOVE EXCLUSIONS OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSLIMITATIONS MAY NOT APPLY. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Limited Warranty

Warranty Limitations. 10.1 10.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS 10.2. DSHARP MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS DSHARP (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS DSHARP PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS DSHARP PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 10.3. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 10.4. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Standard Dsharp Studio License Subscription Agreement

Warranty Limitations. 10.1 ALL PRODUCTS EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 11, THE SOFTWARE, THE HOSTED SERVICES AND ANY DOCUMENTATION DELIVERED THEREWITH AND THEIR RESPECTIVE COMPONENTS ARE PROVIDED TO CUSTOMER ON AN “YOUR "AS IS" AND “AS AVAILABLE” BASIS. USE WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCEANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINS (OR AUTERION, ON ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OWN BEHALF AND EMPLOYEES), ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE)DISTRIBUTORS AND SERVICE PROVIDERS, AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IMPLIED (INCLUDINGOTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SOFTWARE, THE HOSTED SERVICES, THE DOCUMENTATION AND COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) WITH REGARD , AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE PRODUCTS FOREGOING, AUTERION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) HOSTED SERVICES WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CUSTOMER REQUIREMENTS; (C) WILL INTENDED RESULTS, BE AVAILABLE AT COMPATIBLE, OR WORK WITH ANY PARTICULAR TIME OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR LOCATIONSERVICES, UNINTERRUPTED OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR SECURE; (D) ARE FREE OF RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/. IF THE SOFTWARE OR (E) THE HOSTED SERVICES ARE FREE OF VIRUSES MADE AVAILABLE TO YOU UNDER AN EVALUATION LICENSE OR OTHER HARMFUL COMPONENTSA DEVELOPMENT LICENSE THEY ARE PROVIDED “AS IS” AND AUTERION MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE OR THE HOSTED SERVICES. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: End User License Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS i2 MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OTHER WARRANTIES, EXPRESSED OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIMPLIED, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO i2 DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) LICENSED SOFTWARE WILL MEET ANY CUSTOMER REQUIREMENTS; (C) CUSTOMER'S EXPECTATIONS OTHER THAN THE EXPECTATION THAT THE SOFTWARE SUBSTANTIALLY FUNCTIONS IN ACCORDANCE WITH THE DOCUMENTATION . UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, I2 DOES NOT WARRANT THAT THE LICENSED SOFTWARE OPERATES IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE ERROR FREE. 11. LIMITATION ON LIABILITY. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT WITH DUE REGARD FOR CUSTOMER'S BUSINESS RISK ASSOCIATED WITH ITS USE OF DEFECTS LICENSED SOFTWARE. THEREFORE, IN ANY EVENT i2'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEE PAID BY CUSTOMER FOR THE SYSTEM. IN NO EVENT SHALL i2 OR ERRORS AND THAT ANY, IF FOUND, WILL THE LICENSOR OF ANY THIRD PARTY SOFTWARE EMBEDDED IN THE SYSTEM BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES LIABLE FOR LOST PROFITS OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT INCIDENTAL, SPECIAL, EXEMPLARY OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CONSEQUENTIAL DAMAGES EVEN IF i2 HAS BEEN ADVISED OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; POSSIBILITY OF SUCH DAMAGES.WITH THE SAME UNDERSTANDING, i2 SHALL NOT BE LIABLE FOR DAMAGES OCCURRING DUE TO OMISSION OR FAILURE OF CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR TO PERFORM ITS OBLIGATIONS TO ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADTHIRD PARTY. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Software License Agreement (Uti Worldwide Inc)

Warranty Limitations. 10.1 HELIOSOL DOES NOT GUARANTEE THAT THE SAAS SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT HELIOSOL WILL CORRECT ALL PRODUCTS ARE PROVIDED SAAS SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT HELIOSOL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SAAS SERVICE MAY BE SUBJECT TO CUSTOMER ON AN “AS IS” LIMITATIONS, DELAYS, AND “AS AVAILABLE” BASIS. OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION 9 SETS FORTH THE PRODUCTS IS AT SOLE AND EXCLUSIVE WARRANTY GIVEN BY HELIOSOL (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS SAAS AGREEMENT. NEITHER HELIOSOL NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL HELIOSOL OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCEANY USER’S DATA, FILES, OR PROGRAMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM HELIOSOL DISCLAIMS ALL WARRANTIES AND CONDITIONSOF ANY KIND, WHETHER EXPRESS EITHER EXPRESS, STATUTORY OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; TITLE; PURPOSE AND NON-INFRINGEMENT) WITH REGARD NONNINFRINGEMENT. HELIOSOL IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESSOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO HELIOSOL DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE SOFTWARE OR CORRECT; (B) ANY PART THEREOF WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.REQUIREMENTS

Appears in 1 contract

Samples: Software as a Service Agreement

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Warranty Limitations. 10.1 ALL PRODUCTS THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) ARE PROVIDED TO CUSTOMER ON AN AS IS’ BASIS, AND “AS AVAILABLE” BASIS. YOUR USE OF THE PRODUCTS SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) IS AT CUSTOMER’S YOUR OWN RISK. 10.2 JETBRAINS MAKES . THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICES. HOWEVER, THE COMPANY PROVIDES NO WARRANTY AS WARRANTIES WHATSOEVER AND THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES (INCLUDING, JETBRAINS (OR ITS AFFILIATESWITHOUT LIMITATION, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF ANY THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND , NON-INFRINGEMENT) WITH REGARD TO INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: SERVICES (A) ARE ACCURATEINCLUDING, RELIABLE OR CORRECT; (B) WILL MEET WITHOUT LIMITATION, ANY CUSTOMER REQUIREMENTS; (CTHIRD-PARTY SOFTWARE) WILL BE AVAILABLE AT UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. THE COMPANY DOES NOT MAKE ANY PARTICULAR TIME REPRESENTATION OR LOCATION, UNINTERRUPTED WARRANTY REGARDING THE USE OR SECURE; (D) ARE FREE THE RESULTS OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMERSERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) IN TERMS OF ACCURACY, RELIABILITY, SATISFACTION OR OTHERWISE, AND THE COMPANY DOES NOT GUARANTEE RESOLUTION OF ANY PROBLEM. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) TO ACHIEVE YOUR INTENDED RESULTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE LINE RATE, ACCESS OR AVAILABILITY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE). WITHOUT IN ANY WAY LIMITING SECTION 14 OF THIS AGREEMENT, YOU SPECIFICALLY AGREE THAT THE COMPANY, ITS AFFILIATES, DIRECTORS, STOCKHOLDERS, OFFICERS, AGENTS AND EMPLOYEES, AND THE COMPANY’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES, WILL NOT BE LIABLE TO YOU FOR ANY DAMAGE TO ITS PROPERTY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND AND/OR ARISING UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA THAT RESULTS PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM SUCH DOWNLOADTHE USE OR INABILITY TO USE THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) OR IN ANY WAY RELATING TO THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE). 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Terms of Service

Warranty Limitations. 10.1 ALL PRODUCTS EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 10, THE SOFTWARE AND ANY DOCUMENTATION DELIVERED THEREWITH AND THEIR RESPECTIVE COMPONENTS ARE PROVIDED TO CUSTOMER ON AN “YOU "AS IS" AND “AS AVAILABLE” BASIS. USE WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCEANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINS (OR AUTERION, ON ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OWN BEHALF AND EMPLOYEES), ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE)DISTRIBUTORS AND SERVICE PROVIDERS, AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IMPLIED (INCLUDINGOTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION AND COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , TITLE; , AND NON-INFRINGEMENT) WITH REGARD TO , AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION OF THE PRODUCTS FOREGOING, AUTERION PROVIDES NO WARRANTY OR UNDERTAKING, AND THE PROVISION MAKES NO REPRESENTATION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT ANY KIND THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY CUSTOMER REQUIREMENTS; (C) WILL INTENDED RESULTS, BE AVAILABLE AT COMPATIBLE, OR WORK WITH ANY PARTICULAR TIME OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR LOCATIONSERVICES, UNINTERRUPTED OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR SECURE; (D) ARE FREE OF RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/. IF THE SOFTWARE IS MADE AVAILABLE TO YOU UNDER AN EVALUATION LICENSE OR (E) A DEVELOPMENT LICENSE THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSPROVIDED “AS IS” AND AUTERION MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: End User License Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS a. Disclaimer of Actions Caused by and/or Under the Control of Third Parties Except for warranties and representations made herein, Sify MAKES NO WARRANTY AS TO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING THE DATA, PRODUCTS’ USE , OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES OF ANY THIRD PARTY, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS ELECTRICAL OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE TELECOMMUNICATIONS PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN THE HOSTING SERVICES DUE TO CIRCUMSTANCES BEYOND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTROL OF Sify, JETBRAINS PARTIES DO SUCH AS A FAILURE OF TELECOMMUNICATIONS SYSTEMS, SHALL NOT REPRESENT BE CONSIDERED A SERVICE OUTAGE FOR PURPOSES OF ANY WARRANTY PROVIDED IN THIS SIFYDC-VAS. b. Sole Remedies to Service outage: SOLE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OF SERVICES DUE TO OUTAGES, OR WARRANT OTHER BREACH OF WARRANTY SHALL BE THE OUTAGE CREDIT PROVIDED IN THIS SERVICE. Sify DISCLAIM ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS, OR BREACH OF WARRANTY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS: (A) ARE ACCURATELIABILITY OF Sify AND ITS SIFYS ARISING FROM ANY SUCH OUTAGE, RELIABLE INTERRUPTION, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BREACH OF WARRANTY SHALL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSEXPRESSLY LIMITED AS SET FORTH IN THIS SERVICE. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Service Agreement

Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS a. Disclaimer of Actions Caused by and/or Under the Control of Third Parties Except for warranties and representations made herein, Sify MAKES NO WARRANTY AS TO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING THE DATA, PRODUCTS’ USE , OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES OF ANY THIRD PARTY, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS ELECTRICAL OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE TELECOMMUNICATIONS PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN THE HOSTING SERVICES DUE TO CIRCUMSTANCES BEYOND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTROL OF Sify, JETBRAINS PARTIES DO SUCH AS A FAILURE OF TELECOMMUNICATIONS SYSTEMS, SHALL NOT REPRESENT BE CONSIDERED A SERVICE OUTAGE FOR PURPOSES OF ANY WARRANTY PROVIDED IN THIS SIFYCI. b. Sole Remedies to Service outage: SOLE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OF SERVICES DUE TO OUTAGES, OR WARRANT OTHER BREACH OF WARRANTY SHALL BE THE OUTAGE CREDIT PROVIDED IN THIS SIFYCI. Sify AND ITS SIFYS DISCLAIM ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS, OR BREACH OF WARRANTY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS: (A) ARE ACCURATELIABILITY OF Sify AND ITS SIFYS ARISING FROM ANY SUCH OUTAGE, RELIABLE INTERRUPTION, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BREACH OF WARRANTY SHALL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSEXPRESSLY LIMITED AS SET FORTH IN THIS SIFYCI. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Service Level Agreement

Warranty Limitations. 10.1 THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7 ARE IN LIEU OF ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER WARRANTIES, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDINGIMPLIED, BUT NOT LIMITED TOWHICH ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED BY MAS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; TITLE; PURPOSE OR USE. THE SOLE AND NON-INFRINGEMENT) WITH REGARD EXCLUSIVE REMEDIES OF MDSS OR ITS CUSTOMERS FOR BREACH OF PRODUCT WARRANTY SHALL BE LIMITED TO THE PRODUCTS AND THE PROVISION OF REMEDIES PROVIDED IN THIS AGREEMENT. MAS’S LIABILITY FOR PRODUCT WARRANTY SHALL NOT INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONSEQUENTIAL LOSSES OR DAMAGES, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, EVEN IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE MAS SHALL HAVE BEEN ADVISED OF THE PRODUCTS POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. ANY OTHER PRODUCT REPRESENTATIONS OR WARRANTY MADE BY ANY OTHER PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES/SUB-MDSSS OF MDSS THAT ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO INCONSISTENT HEREWITH, SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON MAS UNLESS IN AN EXPRESS WRITING SIGNED BY ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCHIEF EXECUTIVE OFFICER. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Distribution Agreement

Warranty Limitations. 10.1 14.1. To the maximum extent permitted by law Normet’s liability under the applicable warranty does not cover defects, damages, losses or claims attributable to: (i) incorrect maintenance or operation by the Customer, (ii) alterations carried out without Normet’s written consent, (iii) incorrect repairs by the Customer including the use of improper spare parts or materials; (iv) unsuitable conditions of storage, (v) normal wear and tear or deterioration; (vi) materials provided by the Customer; (vii) design determined or specified by the Customer; (viii) acts or omissions of the Customer or any third party; (ix) external factors, including but not limited to operating conditions, such as deep and/or aggressive water, poor roadways, dust, poor air ventilation, in which materials or components which are designed and manufactured according to industrial standards, fail prematurely; or (x) missing, faulty or incorrect application data or other information provided to Normet by or on behalf of the Customer. 14.2. THE EXPRESS WARRANTIES GRANTED UNDER SECTION 10. (WARRANTY FOR EQUIPMENT AND SPARE PARTS), SECTION 11. (WARRANTY FOR CHEMICAL PRODUCTS), SECTION 12. (WARRANTY FOR ROCK REINFORCEMENT PRODUCTS) AND SECTION 13. (WARRANTY FOR SERVICES) ARE IN LIEU OF ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” OTHER WARRANTIES OR CONDITIONS AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS SOLE AND EXCLUSIVE REMEDY GIVEN BY NORMET TO THE CUSTOMER IN RESPECT OF DEFECTS IN THE EQUIPMENT, SPARE PARTS, CHEMICAL PRODUCTS’ USE , ROCK REINFORCEMENT PRODUCTS OR PERFORMANCESERVICES RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONSANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDINGBY LAW, BUT NOT LIMITED TOCOURSE OF DEALING, IMPLIED WARRANTIES COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; , WARRANTY OF TITLE; , OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY (THE “STATUTORY WARRANTIES”) ARE HEREBY WAIVED AND NON-INFRINGEMENT) WITH REGARD EXCLUDED TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. To the extent that such Statutory Warranties cannot be excluded and disclaimed under applicable law, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: such warranties are, to the fullest extent permissible by law, limited in duration to the applicable warranty period stated above for such Products or Services. Where Normet is liable under any Statutory Warranties, Normet’s liability for any breach of such Statutory Warranties shall be limited, at Normet’s option, to: (Ai) ARE ACCURATEif the breach relates to Products, RELIABLE OR CORRECTthe replacement of the Products or the supply of equivalent Products, the repair of such Products, the cost of replacing the Products or of acquiring equivalent Products or the cost of having the Products repaired; and (Bii) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONif the breach relates to Services, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSthe supplying of the Services again or the cost of having the Services supplied again. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Warranty Limitations. 10.1 ALL PRODUCTS OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 10.1, ABOVE, NEITHER CLOUDTHEAPP NOR ITS LICENSORS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU, ANY OF YOUR AFFILIATES, OR TO ANY OTHER PARTY WITH RESPECT TO THE APPLICATION, THE DOCUMENTATION, SERVICES, OR TECHNICAL SUPPORT OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. CLOUDTHEAPP DOES NOT WARRANT THAT THE PLATFORM, SOLUTIONS, OR APPLICATIONS (SOFTWARE), SUPPORT, PROFESSIONAL SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED AND DISCLAIMED. CLOUDTHEAPP DOES NOT WARRANT THAT THE PLATFORM, SOLUTIONS, AND APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE PALTFORM, SOLUTIONS, AND APPLICATIONS ARE PROVIDED TO WITHOUT DEFECT OR ERROR OR THAT THE PLATFORM, SOLUTIONS, AND APPLICATIONS WILL OPERATE WITH ANY HARDWARE OR APPLICATION NOT SPECIFIED IN THE DOCUMENTATION. CUSTOMER ON AN ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, CONFIDENTIAL INFORMATION AND/OR CONTENT. CLOUDTHEAPP PROVIDES THE SOFTWARE, SUPPORT, SERVICES, AND DELIVERABLES “AS IS” AND “AS AVAILABLE” BASIS. USE ”, WITHOUT WARRANTY OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY KIND, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED OR STATUTORY OR OTHER WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY; , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE; TITLE; , AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR FAILURE TO PROVIDE SUPPORT SERVICESTRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE SHALL HAVE SOLE RESPONSIBILITY FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.THE

Appears in 1 contract

Samples: Subscription Agreement

Warranty Limitations. 10.1 THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER OTHER EXPRESS OR IMPLIED (WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY; MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; TITLE; PURPOSE AND NON-INFRINGEMENT) WITH REGARD ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF KYOCERA, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITES ARE EXPRESSLY AGREED TO IN WRITING BY KYOCERA. KYOCERA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPV MODULE(S) INCLUDING, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATEWITHOUT LIMITATION, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (EFAILURES IN THE PV MODULE(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.3 FROM USE OR INSTALLATION. KYOCERA SHALL NOT BE LIABLE UNDER ANY CONTENT CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH SPECIAL DAMAGES, HOWSOEVER CAUSED. IN NO EVENT SHALL KYOCERA’S AGGREGATE LIABILITY EXCEED THE USE VALUE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; PV MODULE(S) WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATION OF DAMAGES. ACCORDINGLY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY. THESE WARRANTIES GIVE A CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 10.4 SPECIFIC LEGAL RIGHTS, AND A CUSTOMER MAY HAVE OTHER RIGHTS, WHICH RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Limited Warranty

Warranty Limitations. 10.1 AssetWorks’ warranties as set forth herein ("Warranty") are contingent on proper use of the FuelFocus hardware and software ("Products") and do not apply if the Products have been modified without AssetWorks' written approval, or if the Products' serial number label is removed, or if the Product has been damaged. The terms of the Warranty are limited to the remedies as set forth in this Warranty. THIS WARRANTY IS PROVIDED IN LIEU OF ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” OTHER RIGHTS, CONDITIONS AND “AS AVAILABLE” BASISWARRANTIES. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. 10.2 JETBRAINS ASSETWORKS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER OTHER EXPRESS OR IMPLIED (WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR ASSETWORKS SUPPORT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY; , FITNESS FOR A PARTICULAR PURPOSE; TITLE; PURPOSE AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION INFRINGEMENT OF OR FAILURE TO PROVIDE SUPPORT SERVICESTHIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO ASSETWORKS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) PRODUCTS WILL BE AVAILABLE AT ERROR-FREE, OR THAT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED; AND/. IN NO EVENT SHALL ASSETWORKS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (E) ARE FREE OF VIRUSES INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR OTHER HARMFUL COMPONENTS. 10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE NOT ASSETWORKS HAS BEEN ADVISED OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS POSSIBILITY OF DATA THAT RESULTS FROM SUCH DOWNLOADDAMAGES. 10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.

Appears in 1 contract

Samples: Master Agreement

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