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 the software is often provided “as is” and the licensor is not responsible for any problems that may arise from using the software
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.
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. Member expressly agrees that use of BonusMail is at Member's new_agreement sole risk. BonusMail, and all services offered therein, is provided on a strictly "as is" and "as available" basis. INTELLIPOST MAKES NO WARRANTY THAT BONUSMAIL WILL MEET YOUR REQUIREMENTS, OR THAT BONUSMAIL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES INTELLIPOST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BONUSMAIL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BONUSMAIL. Intellipost expressly disclaims any and all express and implied warranties, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by Member from Intellipost or through BonusMail shall create any warranty not expressly made herein. Limitation of Liability: INTELLIPOST SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO THE USE OR INABILITY TO USE BONUSMAIL. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSI0N MAY NOT APPLY TO YOU. Intellipost is not responsible for damages or losses that result from use of or inabililty to use BonusMail, or reliance on or use of information, services or merchandise provided on or through BonusMail. Member acknowledges and agrees Intellipost neither endorses the contents of BonusMail messages nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. Intellipost is not responsible, and assumes no liability, for changes or discontinuances or service from Providers which may affect offered or the accrual of credits. Participation in Promotions of Advertisers: Member's correspondence with or participation in promotions of BonusMail Advertisers are solely between corresponding Member and the Advertiser. Intellipost assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. Third Party Services: To enhance the value of the BonusMail service to its members, Intellipost may on occasion share selected personal information new agreement with third parties for the limited purposes of data verification and supplementation. Such parties sh...
Disclaimer of Warranties. THE ASSETS ARE SOLD "AS IS," "WHERE IS" AND "WITH ALL FAULTS AS TO ALL MATTERS," AND EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE, OR OTHERWISE RELATING TO (a) THE CONDITIONS OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS), (b) ANY INFRINGEMENT BY UNOCAL OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY, (c) ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED TO BUYER BY OR ON BEHALF OF UNOCAL (INCLUDING WITHOUT LIMITATION, IN RESPECT OF GEOLOGICAL AND ENGINEERING DATA, THE EXISTENCE OR EXTENT OF OIL, GAS OR OTHER MINERAL RESERVES, THE RECOVERABILITY OF OR THE COST OF RECOVERING ANY SUCH RESERVES, THE VALUE OF SUCH RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, AND THE ABILITY TO SELL OIL OR GAS PRODUCTION AFTER CLOSING), (d) THE ENVIRONMENTAL CONDITION AND OTHER CONDITION OF THE ASSETS AND ANY POTENTIAL LIABILITY ARISING FROM OR RELATED TO THE ASSETS, AND (e) THE FAILURE OF ANY COMPUTER, ELECTRONICS, SOFTWARE, OR COMPONENTS TO BE FREE OF ANY BUGS OR ERRORS, INCLUDING, BUT NOT LIMITED TO, ANY DEFICIENCIES RELATING TO THE INABILITY TO PROPERLY FUNCTION BEYOND DECEMBER 31, 1999 (BEING SOMETIMES REFERRED TO AS THE "YEAR 2000 BUG" OR "Y2K PROBLEM").
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. 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. 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 PO Box 1888, Sandy UT 84091-1888. 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.