Disclaimer Warranty Clause Samples
A Disclaimer Warranty clause serves to limit or exclude the legal responsibility of one party for certain warranties, whether express or implied, regarding the goods or services provided. In practice, this clause typically states that the provider does not guarantee the product will meet specific standards or be free from defects, and may specify that implied warranties such as merchantability or fitness for a particular purpose do not apply. Its core function is to allocate risk by protecting the provider from liability for issues outside their control, ensuring that customers understand the limits of the provider’s obligations.
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Disclaimer 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-INFRINGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
Disclaimer Warranty a. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Documentation and Service Exhibit; (ii) the functionality or features of the Services may change but will not materially degrade; (iii) Agilent shall utilize commercially reasonable technical security measures to protect Customer Data.
b. Except as otherwise expressly provided in the Agreement and to the maximum extent permitted by applicable law:
i. The Services is provided “as-is”;
ii. AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT;
iii. Agilent does not warrant that the Services will be uninterrupted, accurate, complete or without error;
iv. Use of the Services is entirely at Customer’s risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, data or other information obtained by or from accessing and using the Services;
v. Agilent does not warrant that the communications will be secure or that Customer Data will not be lost, damaged or corrupted. In the event of any loss or damage to Customer Data by Agilent during the Subscription Term Customer’s sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged Customer Data to the last available back up.
c. Warranty Remedy. The Service Exhibit sets forth Customer’s exclusive remedy for a breach of the warranty set forth in Section 4.a.
Disclaimer Warranty a. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Documentation and Service Exhibit; (ii) the functionality or features of the Services may change but will not materially degrade;
Disclaimer Warranty. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‐INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR‐FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL MEET YOUR REQUIREMENTS. LICENSEE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY SOFTWARE, OR ANY HARDWARE OR OTHER MATERIALS NOT PROVIDED BY LICENSOR. LICENSOR HAS NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED HEREIN. IF YOU FAIL TO UPGRADE THE SOFTWARE TO THE MOST RECENT VERSION AFTER BEING GIVEN THE OPPORTUNITY TO DO SO BY LICENSOR, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE ARE VOID.
Disclaimer 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- INFRINGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
Disclaimer Warranty. All materials on this Site are provided "AS IS" without warranties of any kind either express or implied. ISeeYouCare, Inc. disclaims all warranties expressed or implied, including but not limited to, implied warranties of merchantability, non-infringement or other violation of rights. ISeeYouCare, Inc. does not warrant or make any claims regarding the use, accuracy, or reliability of, or the results of the use of, the materials on this Site or any sites linked to it.
Disclaimer 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 other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.
Disclaimer Warranty. Except as otherwise expressly provided in the Agreement and to the maximum extent permitted by applicable law: (i) the Services and Software are provided “as-is”; (ii) AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, regarding the Services and Software; (iii) Agilent does not warrant that the Services and Software will be accurate, complete or without error; (iv) the use of the Services and Software is entirely at Customer’s risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, Data or other information obtained by ' from accessing and using the Services and Software; (v) Agilent does not warrant that the Services and Software or communications to or through the use of the Services and Software will be un- interrupted or error free, and (vi) Agilent does not warrant that the Data will be secure or will not be lost, damaged or corrupted. In the event of any loss or damage to Customer’s Data by Agilent during the Initial Term or, if applicable, Renewal Term, Customer’s sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged Data. Agilent warrants that it is the lawful owner of the Software, or to the extent it is not the lawful owner, that it has all rights necessary for it to license the Software under the terms of this Agreement. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Performance Criteria;
Disclaimer Warranty. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Documentation and Service Exhibit; (ii) the functionality or features of the Services may change but will not materially degrade ; (iii) Agilent shall utilize commercially reasonable technical security measures to protect Customer Data. . Except as otherwise expressly provided in the Agreement and to the maximum extent permitted by applicable law:
i. The Services is provided “as-is”;
ii. AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT ;
iii. Agilent does not warrant that the Services will be uninterrupted accurate, complete or without error;
iv. Use of the Services is entirely at Customer’s risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, data or other information obtained by or from accessing and using the Services;
Disclaimer 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-INFRINGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.