Disclaimers; Limitation of Liability. (a) NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) WITH RESPECT TO THE S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN NO WAY BE LIABLE TO REPRESENTATIVE OR ANY SUBSCRIBERS OR OTHER THIRD PARTIES FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE SPC DATAFEED OR FOR ANY DEFECTS OR FAILURES IN THE TID HARDWARE OR THE TID SOFTWARE, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, EVEN IF SPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING THEREFROM. THE LIABILITY OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIES, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE SHALL, IN THE AGGREGATE, IN NO EVENT EXCEED THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH IN EXHIBIT C) WHICH IS PAID BY REPRESENTATIVE TO SPC DURING THE TERM OF THIS AGREEMENT. REPRESENTATIVE AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF TAL REAL TRADE ORDER ENTRY SERVICE SHALL IN NO WAY BE AFFILIATED WITH S&P XXXXXXXX AND ITS XXXXXXXX ON TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBER.
Disclaimers; Limitation of Liability. 3.1. Section 7.1 of the MSA shall be deleted and replaced with the following: “7.1
Disclaimers; Limitation of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
Disclaimers; Limitation of Liability. Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified v5 Products or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified v5 Products or that the advertising or promotion of any KCS Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.
Disclaimers; Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE LICENSE IS GRANTED ON AN “AS IS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES, AND EACH PARTY, ON BEHALF OF ITSELF AND ITS AFFILIATES, HEREBY EXCLUDES AND DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE LICENSE, INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING OR TRADE USAGE. NEITHER PARTY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimers; Limitation of Liability. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.
Disclaimers; Limitation of Liability. 7.1 THE WORKSHOP MATERIALS AND LOGOS AND TRADEMARKS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. CSI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Disclaimers; Limitation of Liability. 8.1 Except as specifically set forth herein, KGH makes no express or implied warranties in connection with its provision of the services or those of any third party.
Disclaimers; Limitation of Liability. A. NONE OF THE PLAN, THE AGREEMENT, WAIVER OR ANY OF THE PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
Disclaimers; Limitation of Liability. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN SECTIONS 3.1 AND 3.2, AND EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRIBUTION AGREEMENT, THE LICENSES AND ANY COVENANT NOT TO XXX GRANTED HEREIN ARE MADE ON AN “AS IS” and “WITH ALL FAULTS” BASIS, AND THE PARTIES EACH HEREBY DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO PARTY WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
