Examples of Disclaimer of Warranties in a sentence

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OR EXCLUSION OF DAMAGES OR OTHER REMEDIES IS INTENDED TO BE ENFORCED AS SUCH.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES.
EACH PROVISION OF THIS MSA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS MSA BETWEEN THE PARTIES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES.

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. END USER 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 END USER’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: End User agrees to comply with any and all applicable export control laws, regulations, and/or other laws related to embargoes and sanction programs under this Jurisdiction SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor. GOVERNING LAW AND JURISDICTION: The validity, construction, and performance of this Agreement shall be governed by and construed in accordance with the laws of the English courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction. NO USE OF NAMES, etc. Neither Party shall use the names, marks, trade names, trade marks, crests, logos, or registered images of the other Party without that Party’s prior written consent.

Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. NEITHER LICENSOR NOR NTACT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. NEITHER LICENSOR NOR NTACT WILL BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTY OF THE ACCURACY, VALIDITY, COMPLETENESS, OR AVAILABILITIY OF INFORMATION OR RESULTS OBTAINED BY THE SOFTWARE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND LICENSEE MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE TERM OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE). IMPROVEMENTS: Licensor reserves the right to conduct further research on the software to inform and make modifications or improvements at any time and without notice. Licensee agrees that, if Licensee participates in research with or provides feedback to Licensor, Licensor is permitted to use any information or comments provided by Licensee in making changes to the Software. Licensor is not obligated to implement any suggestions and/or feedback that Licensee may provide regarding the Software, but to the extent Licensor does so, Licensee hereby disclaims on behalf of itself and its personnel any right to compensation therefor. 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, INDICENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RELATED TO LICENSEE’S USE OF AND/OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S MAXIMUM LIABILITY FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING MATTERS RELATED TO THE SOFTWARE OR THE HARDWARE SHALL BE LIMITED TO ANY LICENSE FEES ACTUALLY PAID BY LICENSEE ...

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. The Company makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects. The Company shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. The Company shall not be responsible for any defect or failure unknown to the Company. Customer’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that customer notifies the Company immediately and in writing of such failure and returns the equipment to The Company within 24 hours of such failure.

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. 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. 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.

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