DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED TO YOU BY UBC "AS IS", AND YOU ACKNOWLEDGE AND AGREE THAT UBC MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN PARTICULAR, TO THE EXTENT PERMITTED BY LAW, UBC EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PRODUCT FOR A PARTICULAR PURPOSE, AND THAT THE USE OF THE PRODUCT WILL PRODUCE A DESIRED RESULT OR THAT THE USE OF THE PRODUCT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, AND THAT THE PRODUCT IS ERROR-FREE OR VIRUS-FREE, AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THE PROVISIONS OF THIS AGREEMENT. IN PARTICULAR, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS: • A WARRANTY OR REPRESENTATION BY UBC AS TO ANY INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT; • AN OBLIGATION TO FURNISH ANY ITEM, SOFTWARE, TECHNOLOGY, OR TECHNOLOGICAL INFORMATION OTHER THAN THE PRODUCT; • AN OBLIGATION TO CORRECT ERRORS DEEMED TO BE INTERNAL TO THE PRODUCT ("MALFUNCTIONS") THAT ARISE IN ANY VERSION OF THE PRODUCT DELIVERED TO YOU. UBC DOES NOT WARRANT THAT THE PRODUCT IS FREE FROM MALFUNCTIONS, NOR THAT ANY MALFUNCTIONS CAN OR WILL BE CORRECTED NOR THAT UBC WILL DEVELOP OR PROVIDE YOU WITH ANY OPERATIONS, CAPABILITIES OR FEATURES NOT PRESENT IN THE VERSION OF THE PRODUCT DELIVERED TO YOU UNDER THIS AGREEMENT. 8. LIMITATION OF LIABILITY: UBC WILL NOT BE LIABLE TO YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY FOR ANY LIABILITY, LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY THE PRODUCT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UBC BE LIABLE FOR ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF UBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBC's TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE LICENSE FEES (IF ANY) PAID UNDER THIS AGREEMENT. 9. INDEMNITY: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS UBC, ITS BOARD OF GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY'S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGEMENT ARISING OUT O...
DISCLAIMER OF WARRANTY. The software is provided on an 'as is' and 'as available' basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the software will be free from defects or viruses or that operation of the software will be uninterrupted. Your use of the software and any material or services obtained or accessed via the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
DISCLAIMER OF WARRANTY. Limitation of Liability”, this section 7(c) “Obligations Upon Expiration or Termination; Survival”, 8 “Notices”, 9 “Entire Agreement; Amendment”, 10 “Governing Law; Jurisdiction; Attorneys’ Fees”, 11 “Headings”, 12 “No Waiver”, 13 “Severability”, 14 “Relationship”, 15 “Attachments”, and 16 “Third-Party Beneficiary” shall survive the expiration or termination of this License Agreement.
Examples of DISCLAIMER OF WARRANTY in a sentence
WYTECH LIMITED WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF DAMAGES FOR BREACH OF WARRANTY.
More Definitions of DISCLAIMER OF WARRANTY
DISCLAIMER OF WARRANTY. The foregoing warranties are in lieu of all other warranties, express or implied. The implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed.
DISCLAIMER OF WARRANTY. AutoPal Software strives to make best efforts to ensure "The Software" is available, accessible, accurate, uninterrupted, timely, secure and complete. The Software is provided on an "AS IS", "As Available" basis. AutoPal Software does not make any representation, warranty or guarantee as to the results that may be obtained from the client's use of The Software or to the accuracy or reliability of any information therein. The Client expressly acknowledges and agrees that The Client's use of The Software does not in any way, shape or form guaranty the security or reliability of The Client's website. The Client may not rely upon any representation or warranty regarding The Software by any third party in contravention of the foregoing statements. AutoPal Software specifically disclaims all representations, warranties, and conditions whether express or implied, arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to, warranties of conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the software. The Client understands and agrees that AutoPal Software shall bear no risk with respect to The Client's sale, products or services, including the making of loans/leases, without limitation, any risk associated with the security of The Client's website, credit card fraud or chargebacks, or any risk associated with The Client's failure to register with the appropriate governmental agencies or obtaining the appropriate licenses to conduct business, including charging interest, and finance charges, or any other regulatory requirements. AutoPal Software provides software products to clients that operate in many regulated spaces. AutoPal Software is not responsible for any regulatory obligations, disclosures, representations, or any other condition placed upon the Client. AutoPal Software is not responsible for any disclosures or regulated values that are provided in the operation of business to any of the Client's customers. AutoPal Software is not responsible for any of the custom forms that the Client uses, makes, or represents. AutoPal Software strongly recommends to obey all copyrights on forms and any other legal documents. Auto Pal Software has many features allowing the customer to manipulate loans such as Roll Schedule, Roll Payment, Reg Z, Smooth, Force, Change Due Date, Advance/Credit, and Loan Modification. It is FULLY the Customers responsibility an...
DISCLAIMER OF WARRANTY. Dispute Resolution," and "Applicable Law" shall survive such expiration or termination of this Agreement.
DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES EXPRESSLY DISCLAIM ANY REPRESENTATION, WARRANTY, COVENANT OR CONDITION REGARDING THE COMPLETION OR FAILURE TO COMPLETE VERSION C.
DISCLAIMER OF WARRANTY. EXCEPT AS SET FORTH HEREIN, SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIVERISTY FURTHER DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS SECTION 9, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose."