Disclaimer of Warranty; Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY FIBERS OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY OTHER THAN IN THE ARTICLE ENTITLED INDEMNIFICATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, TRANSMISSION INTERRUPTIONS OR PROBLEMS, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS, WHETHER OCCASIONED BY ANY REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY, THE FIRST PARTY OR ANY OTHER CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY'S ABILITY TO RECOVER UNDER THE ARTICLE ENTITLED INDEMNIFICATION WITH RESPECT TO CLAIMS OF THIRD PARTIES BROUGHT AGAINST SUCH PARTY OR THE RIGHT TO RECOVER LIQUIDATED DAMAGES
Disclaimer of Warranty; Limitation of Liability a. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER CABLE TV OR THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR INFORMATION SERVICE PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. CERTAIN CONTENT MAY BE OBJECTIONABLE OR UNSUITABLE FOR MINORS AND CUSTOMER IS RESPONSIBLE FOR AND MUST EXERCISE HIS/HER OWN DISCRETION WHEN ALLOWING MINORS TO USE THE SERVICE.
b. CABLE TV DOES NOT WARRANT, AND SHALL NOT BE RESPONSIBLE IN ANY REGARD FOR ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE SERVICE FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY CABLE TV FOR ALL LIABILITY IN CONNECTION THEREWITH.
c. THE SERVICE, THE EQUIPMENT AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
d. THE LICENSED CABLE TV PRODUCT IS DESIGNED TO BE UTILIZED FOR A HIGH SPEED CABLE MODEM-ENABLED SERVICE, AND WHEN UTILIZED VIA DIAL-UP TELEPHONE LINES THE LICENSED CABLE TV PRODUCT MAY NOT EXHIBIT ALL OF THE FEATURES OR PROVIDE THE SAME LEVEL OF FUNCTIONALITY AS IT WOULD WHEN USED VIA CABLE-MODEM. CABLE TV WILL HAVE NO RESPONSIBILITY TO ENHANCE, REENGINEER, REPURPOSE, OR OTHERWISE CUSTOMIZE OR MODIFY THE LICENSED CABLE TV PRODUCT FOR ANY REASON WHATSOEVER, INCLUDING TO IMPROVE ITS PERFORMANCE IN A DIAL-UP SERVICE.
e. NEITHER CABLE TV NOR THEIR AFFILIATES NOR ANY OF THEIR VENDORS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF CUSTOMER'S SOFTWARE OR COMPUTER, OR FOR ANY LOSS OF DATA BY CUSTOMER, HOWEVER CAUSED.
f. EXCEPT AS PROVIDED IN SECTION 7, IN NO EVENT (INCLUDING NEGLIGENCE) WILL CABLE TV OR THEIR AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE (INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICES ACCESSED THEREBY), THE EQUIPMENT OR THE SOFTWARE, BE LIAB...
Disclaimer of Warranty; Limitation of Liability. In completing the System Impact Studies, Transmission Provider, Transmission Owner(s), and any other subcontractors employed by Transmission Provider must rely on information provided by Applicant and possibly by third parties, and may not have control over the accuracy of such information. Accordingly, NEITHER TRANSMISSION PROVIDER, TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT STUDIES. Applicant acknowledges that it has not relied on any representations or warranties not specifically set forth herein, and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement nor the System Impact Studies prepared hereunder is intended, nor shall either be interpreted, to constitute agreement by Transmission Provider or Transmission Owner(s) to provide Interconnection Service or transmission service to or on behalf of Applicant either at this time or in the future.
Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION.
(b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCE, OR REPAIR OF THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES.
(c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor.
(d) If more than one Lessee is named in a Lease, the liability of each is joint and several.
Disclaimer of Warranty; Limitation of Liability. (a) NEITHER PARTY MAKES ANY (AND EACH PARTY HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE RIGHTS AND LICENSES GRANTED HEREUNDER AND EACH LICENSOR IS GRANTING THE LICENSE HEREUNDER “AS IS.”
(b) EXCEPT AS MAY BE SET FORTH IN THE SEPARATION AGREEMENT, NEITHER SSL OR ANY MEMBER OF THE SSL GROUP, ON THE ONE HAND, NOR SUNEDISON OR ANY MEMBER OF THE SUNEDISON GROUP, ON THE OTHER HAND, SHALL BE LIABLE UNDER THIS AGREEMENT TO THE OTHER FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR SIMILAR DAMAGES IN EXCESS OF COMPENSATORY DAMAGES OF THE OTHER ARISING IN CONNECTION WITH THE EXERCISE OF ANY RIGHT OR LICENSE GRANTED UNDER THIS AGREEMENT.
Disclaimer of Warranty; Limitation of Liability. Except as explicitly set forth herein, Geron makes no representation or warranty, express or implied, with respect to the Licensed Patents, including any warranty of merchantability, fitness for any particular purpose or that the practice of the Licensed Patents does not infringe any third party patents. EXCEPT WITH RESPECT TO CLAIMS FOR MATERIAL BREACH OF ARTICLE 9, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES SUFFERED BY THE OTHER PARTY ARISING IN ANY WAY OUT OF THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranty; Limitation of Liability a) You agree that the Services are provided by Ziply Fiber on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of title or noninfringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are incapable of exclusion, restriction or modification under applicable law. Ziply Fiber makes no warranty that the Services will be uninterrupted or error free or that the Ziply Equipment will operate as intended. Without limiting the foregoing, Ziply Fiber does not make any warranty as to the security of your communications or that third parties will not gain unauthorized access to or monitor your computers or online or voice communications. You agree that Ziply Fiber will not be liable for such unauthorized access. You have the sole responsibility to secure your computer and other communications. You have the sole responsibility for backing up all existing computer or other software or data files.
b) You acknowledge that Ziply Fiber’s installation, use, inspection, maintenance, repair, replacement or removal of the Services, Ziply Equipment or Software may result in damage to your computers, telephones and telephone answering devices, televisions, recording and playback devices, audio equipment, and Customer Equipment, including software and data files stored thereon. You are solely responsible for backing up all existing computer or other software or data files. Ziply Fiber shall have no liability for any damage to or loss or destruction of any equipment, software, data or electronic files resulting from a virus or other harmful feature or any attempt to remove it.
c) In no event will Ziply Fiber be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Services, including the use of or inability to use emergency 911 services, or for any action taken by Ziply Fiber to protect the Services or Ziply Fiber’s network or facilities. Ziply Fiber’s liability for all categories of damages shall not exceed a pro rata credit for the monthly fees (excluding all nonrecurring charges, regulatory fees, surcharges, fees and taxes) you have paid to Ziply Fiber for the service during the ninety (90) day period prior to when such claim arose, which shall be your sole and exclusive remedy regardless of the type of claim or nature of the cause of action, to the extent the...
Disclaimer of Warranty; Limitation of Liability a) THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. You must assume the entire risk of using the program.
Disclaimer of Warranty; Limitation of Liability. Except as explicitly, set for the herein, no party makes any warranty, express or implied, with respect to the patents licensed hereunder; including any warranty of merchantability or fitness for any particular purpose or that the licensed patents do not infringe any patents or as to the scope of protection that may be afforded by any patent rights licensed hereunder. Under no circumstances shall any party be liable for special, incidental or consequential damages of any kind, even if advised of the possibility of such damages.
Disclaimer of Warranty; Limitation of Liability. Except as expressly provided in the Sybase Shrinkwrap, NO EXPRESS OR IMPLIED WARRANTY OR CONDITION IS MADE WITH RESPECT TO THE PROGRAMS OR SERVICES SUPPLIED BY SYBASE OR ITS SUBSIDIARIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The aggregate liability to Sybase and its subsidiaries, if any, for any losses or damages arising out of or in connection with this Agreement, whether the claim is in contract, tort or otherwise, shall not exceed the amount paid by Partner to Sybase under this Agreement for the affected Programs or services. UNDER NO CIRCUMSTANCES SHALL SYBASE, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR LOSS RESULTING FROM BUSINESS DISRUPTION, EVEN IF SYBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
