Common use of Changes to the Software Clause in Contracts

Changes to the Software. We may update the content on this Software from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Software may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Software All information we collect on this Software is subject to our Privacy Policy. By using the Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Disclaimer of Warranties THIS SOFTWARE IS PROVIDED BY WEBCENTER AND ANY OF OUR LICENSORS AND/OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE, ANY THIRD-PARTY CONTENT, AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THIS SOFTWARE IS BEING PROVIDED WITHOUT SUPPORT OR WARRANIES OF ANY KIND. WEBCENTER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FURTHERMORE, WEBCENTER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD- PARTY CONTENT, QUALITY, AND SERVICES WILL MEET YOUR REQUIREMENTS AND/OR EXPECTATIONS; (II) THE SOFTWARE, CONTENT, OR SERVICES WILL BE UNINTERUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) ANY ERRORS IN THE SOFTWARE OR THIRD- PARTY CONTENT WILL BE CORRECTED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMTED UNDER APPLICABLE LAW. Limitation on Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORT ACTION, STRICT LIABILITY, WARRANTY, OR OTHERWISE) SHALL WEBCENTER, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, OR EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS, USE, MISUSE, RELIANCE ON, PERFORMANCE Or MISPERFORMANCE, INTERRUPTION, SUSPENSION, TERMINATION OR INABILITY TO ACCESS THE SOFTWARE. SUCH LIMITATION SHALL APPLY REGARDLESS OF WHETHER OR NOT THE DAMAGES WERE FORESEABLE OR WHETHER OR NOT WEBCENTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL WEBCENTER, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM (1) USE OF THE SOFTWARE;