Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN THE PRODUCTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, GIGAMON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NONINFRINGEMENT. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE COVERAGE PERIOD. THIS LIMITED WARRANTY SUPERSEDES ANY PRIOR AGREEMENTS OR REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN GIGAMON SALES LITERATURE OR ADVICE GIVEN BY GIGAMON, ANY GIGAMON AUTHORIZED CHANNEL PARTNER, OR AN AGENT OR EMPLOYEE THEREOF—THAT MAY HAVE BEEN MADE IN CONNECTION WITH THE PURCHASE OF A PRODUCT. NO CHANGE TO THIS LIMITED WARRANTY IS VALID UNLESS IT IS MADE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GIGAMON. Limitations of Liability: GIGAMON WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA, IN CONNECTION WITH THE PRODUCTS. IF A PRODUCT CONTAINS A DEFECT, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT. GIGAMON’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY PRODUCT. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM AND WILL BE EFFECTIVE EVEN IF GIGAMON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. THE LIMITATIONS IN THIS LIMITED WARRANTY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

Disclaimer of Warranties. For residents of South Africa, Section 6.2 of the Contract (“Disclaimer of Warranties”) excludes all implied warranties that are provided under the Consumer Protection Act.

Disclaimer of Warranties the software is often provided “as is” and the licensor is not responsible for any problems that may arise from using the software · Governing Law: which state’s laws will apply if there is a dispute or problem · Infringement Acknowledgement: the user is responsible for any legal issues related to copyright infringement · Licensor: name and address of the individual or company who created the software · Licensee: name and address of the user who wants to install or download the software · License Granting: limitations on how the software can be used by the licensee · Limitations of Liability: whether the licensor will be responsible for any damages or problems that arise from using the software · Maintenance and Support: whether the user will be provided support on site or by phone, either 24 hours 7 days per week, quarterly, or annually · Software: name or title of the computer software program created and now licensed · Termination: whether the software developer has the right to end the license if the user violates the XXXX or other issues arise · Use Restrictions: the licensee is limited in how they can legally or illegally use the software OTHER NAMES As a reference, an End User License Agreement is known by other names, which include: Browse Wrap Agreement, Click-Wrap License, XXXX, End-Use License Agreement, License Agreement, Licensed Application End-User Agreement, Shrink-Wrap License, Software License Agreement.

Examples of Disclaimer of Warranties in a sentence

In the event of a breach of any provision of this Agreement, the Parties, in addition to and not in lieu of the remedies expressly provided in this Agreement, shall be entitled to exercise such remedies that are permitted at law or equity to enforce this Agreement, including but not limited to seeking specific performance, except as limited by Article VII (Disclaimer of Warranties and Limitation of Liability).
The following provisions will survive even after these Terms terminate: Arbitration Agreement, Our Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Governing Law, Assignment and Third Party Beneficiaries, and Miscellaneous Terms.
Compliance with Laws; No Hazardous Substances 17 Section 5.07 Assignment and Subleasing 19 Section 5.08 District Consent to Assignment 19 Section 5.09 Corporation's Disclaimer of Warranties.
Section 4 (Disclaimer of Warranties), Section 5 (Limitation of Liability) and Section 6 (General) will survive the termination of the Agreement.
Section 4 (Disclaimer of Warranties), Section 5(Limitation of Liability) and Section 8 (General) will survive the termination of the Agreement.

More Definitions of Disclaimer of Warranties

Disclaimer of Warranties. THE DATABASE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE DATABASE. SUPPORT AND MAINTENANCE: No support, installation, or training by the Licensor is provided as part of this Agreement. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RELATED TO LICENSEE’S USE OF OR INABILITY TO USE THE DATABASE, EVEN IF LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL HAVE NO FINANCIAL LIABILITY FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING IN MATTERS RELATED TO THE DATABASE. EXPORT REGULATION: Licensee agrees to comply with any and all applicable export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY SECTION, EMC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY OPERATION OF LAW OR OTHERWISE, OF ANY PRODUCTS FURNISHED UNDER OR IN CONNECTION WITH THIS AGREEMENT. EMC DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND THOSE WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Disclaimer of Warranties. YOUR USE OF DIGITAL BANKING AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND DIGITAL BANKING IS PROVIDED ON AN ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF DIGITAL BANKING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT: (a) DIGITAL BANKING WILL MEET YOUR REQUIREMENTS; (b) DIGITAL BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM DIGITAL BANKING WILL BE ACCURATE OR RELIABLE; AND (d) ANY ERRORS IN DIGITAL BANKING WILL BE CORRECTED.

Disclaimer of Warranties. The AMC agrees that the CABC has made no express warranties to you regarding accreditation and that accreditation is being provided to you "as is" without warranty of any kind. CABC disclaims all warranties with regard to the accreditation process, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, merchantability, merchantable quality, or non-infringement of third-party rights. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to the AMC. • LIMIT OF LIABILITY: In no event will CABC be liable to the AMC for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if CABC has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the AMC. Declaration: I have the authority to execute this Addendum on behalf of . (legal name and address of Alongside Maternity Center required on line above) I have read the Addendum and agree with all the terms. Signature of the Alongside Maternity Center’s Representative Date Name of the Alongside Maternity Center’s Representative Title Signature of CABC Representative Date

Disclaimer of Warranties. The limited warranty that appears above is the only express warranty made to the Dealer or the End User and is provided in lieu of any other express warranties (if any) created by any documentation or packaging or by verbal representation of DMP or any of its authorized dealers. Except for the limited warranty and to the maximum extent permitted by applicable law, DMP provides the Software and Support Services (if any) AS IS AND WITH ALL FAULTS. DMP HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE, VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND OF LACK OF, NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LICENSES: If DMP or Dealer believes that an End User of Dealer is in breach of any portion of the XXXX applicable to the Software, or is damaging or diminishing any rights of DMP or its Third Party Licensor (as defined in the XXXX), each party shall give immediate notice of such event(s) to the other party and Dealer shall at DMP’s request and reasonable expense, assist DMP in investigating the situation. If requested by DMP, Dealer shall also assist in the prosecution of such breaches, in full cooperation with DMP, through any arbitration, administrative agency or judicial court, provided that all reasonable costs and/or expenses of such prosecution thereby incurred by Dealer shall be borne by DMP. Dealer shall not settle such claims without the prior written consent of DMP.

Disclaimer of Warranties. We make online banking available without any warranty of any kind whatsoever, including fitness for any particular purpose. We do not guarantee uninterrupted, secure, or error free operation and in no event shall we be liable for lost profits or special, incidental, or consequential damages arising out of or in connection with online banking, even if you give us prior notice of the possibility of such damages. • Termination/Changes: We reserve the right, in our sole discretion, to terminate or restrict online banking services or transactions without notice. You may terminate this agreement at any time by providing written notice to the credit union at XX Xxx 0000, Xxxxx XX 00000-0000. After termination, the provisions of these Terms and Conditions which, by their nature, are intended to, and shall, survive the termination. • Governing Law: These Terms and Conditions shall be governed in accordance with all sections of Jordan Federal Credit Union’s Membership Agreement & Disclosures which you received upon opening your account, specifically, the sections on funds transfers, electronic funds transfers, and funds availability. In addition, these Terms and Conditions are subject to the Financial Institutions Act of 1981 or the Federal Credit Union Act, as applicable, the Articles of Incorporation and Bylaws of Jordan Credit Union, as well as the laws of the State of Utah, and applicable law, rules, policies, and procedures are subject to modification and amendment.

Disclaimer of Warranties definition

Filter & Search

Related Definitions