DISCLAIMED WARRANTIES. 6.1. In the case of Third Party Services, the third party will be responsible for providing the Third Party Services to Customer, and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. With respect to Third Party Services, Seller acts solely as an independent sales agent when collecting any due amounts, including, but not limited to, Taxes.
DISCLAIMED WARRANTIES. The City of Burbank exercises no control over, and accepts no responsibility for, the content of the information passing through the City of Burbank host computers, servers, network hubs and points of presence, or the Internet. As a convenience for The City of Calabasas, the City of Burbank shall perform regular daily backup of all City of Calabasas Data. The City of Burbank shall use its best efforts to recover any lost or corrupted data resulting from the City of Burbank’s gross negligence. Should the City of Burbank be unable to recover such lost or corrupted data, the City of Burbank’s responsibility and liability for the loss of the City of Calabasas Data shall be limited to restoring the data to the last required daily back up. At times, there are situations in which the City of Burbank and the City of Calabasas’s connections to telecommunication networks (or portions thereof) may be impaired or disrupted due to no fault of their own, and the City of Burbank cannot guarantee that such disruption will not occur. Therefore, the City of Burbank and its suppliers shall not be liable for any temporary delay, outages or interruptions of the Services. Prolonged impairment or disruption of internet connectivity shall be treated as a Force Majeure event as set forth in Section 12.3 below.
DISCLAIMED WARRANTIES. Oracast exercises no control over, and accepts no responsibility for, the content of the information passing through Oracast’s host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH Oracast DISCLAIMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Oracast DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. Oracast IS NOT LIABLE FOR: ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF Oracast HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. ORACAST’S LIABILITY WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO Oracast DURING THE 3-MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS Oracast WOULD NOT ENTER INTO THIS AGREEMENT.
DISCLAIMED WARRANTIES. You acknowledge and agree that Xxxxxxx Technology Services exercises no control over, and accepts no responsibility for, the content of the information passing through Xxxxxxx Technology Services’ host computers, network hubs and points of presence, or the Internet. All services performed hereunder are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in this contract, Xxxxxxx Technology Services does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade.
DISCLAIMED WARRANTIES. THE WARRANTIES PROVIDED IN THIS SECTION 8 ARE IN LIEU OF, AND THE SUPPLIER EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. HOWEVER THE FOREGOING SHALL UNDER NO CIRCUMSTANCES LIMIT GLOBALFOUNDRIES’ RIGHTS REGARDING INTELLECTUAL PROPERTY INDEMNITY RIGHTS AS SET FORTH IN SECTION 12(c) OF THIS AGREEMENT.
DISCLAIMED WARRANTIES. You acknowledge and agree that Amasci Creative Limited exercises no control over, and accepts no responsibility for, the content of the information passing through Amasci Creative Limited's servers or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Amasci Creative Limited DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
DISCLAIMED WARRANTIES. Nurved exercises no control over, and accepts no responsibility for, the content of the information passing through Nurved host computers, network switches and points of presence, or the Internet. Use of the Services or any information that may be obtained from the services is at your own risk. All Services performed under this agreement are performed "as is" and without warranty against failure of performance including, any failure because of computer hardware or communication systems. Nurved does not make and disclaims, and you waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the Services, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade. Nurved does not warrant that the Services will be uninterrupted, error-free, or completely secure.
DISCLAIMED WARRANTIES. Except as set forth herein, and subject to applicable law, seller makes no other, and expressly disclaims all other, conditions, covenants, representations and warranties of every kind, whether express or implied, including without limitation any warranties or representations related to accuracy, durability, fitness for a particular purpose, merchantability, non-infringement, or applicability of laws or regulations associated with the products or their manufacture or packaging, arising by law, by reason of custom, from usage in the trade, or from course of prior dealing. Customer acknowledges and agrees that any information or advice given by seller or seller's affiliate or personnel shall not be deemed to create or in any way increase the scope of the warranties set forth herein and that customer shall not rely on any such information or advice. Seller further disclaims representations, warranties or assurances that the products are designed for, or suitable for use in: (a) any aircraft or automobile, including any safety or navigation devices related thereto; (b) any life support or other healthcare delivery systems or medical devices; (c) any nuclear facilities; (d) any weapon systems or other military or policing devices; or (e) any other high risk environment or manner that could reasonably be expected to result in personal injury, death or property damage ("high risk use"). Customer agrees to comply with any manufacturer requirements and restrictions and to accept any manufacturer disclaimers related to any high risk use. customer takes sole responsibility for, and agrees to indemnify and hold harmless seller and seller's affiliates and personnel from any claim arising from, customer's high risk use.
DISCLAIMED WARRANTIES. (a) Content: Licensor does not warrant that the content is always current and accurate because the enactment of new statutes or court rulings may materially affect the content AFTER Licensee’s purchase and before Licensor can change the content. As such, errors and omissions may occur. Therefore, Licensor provides the content "AS IS" and except for the warranties in this License, disclaims warranties of any kind, express or implied, related to the content, including (without limit) warranties of reliability, accuracy, completeness, adequacy, currentness, merchantability, or fitness for a particular purpose.
DISCLAIMED WARRANTIES. 6.1. In the case of Third Party Services that are procured by Seller in the name and on Customer's behalf,, the third party will solely be responsible and liable for providing the Third Party Services to Customer, and Customer will solely instigate claims against the third party for any loss, claims or damages arising from or related to its provision of such Third Party Services. With respect to Third Party Services, Seller acts solely as an independent collection agent for the relevant third party when collecting any due amounts, including, but not limited to, Taxes from the customer on behalf of the relevant third party. In the case of Third Party Services that are provided by Seller as a reseller, all Third Party Services are provided on an "as is" basis without warranty of any kind, either express or implied, from Seller. Customer may be eligible for any third party supplier's warranties, indemnities or other commitments made by such third party supplier with respect to any Third Party Services and Seller will provide commercially reasonable assistance to Customer in enforcement thereof. If and in so far as Seller itself as buyer may be entitled to certain warranties, indemnities or other commitments towards third party suppliers, Customer will use commercially reasonable efforts to make such third party supplier warranties, indemnities or other commitments available to Customer in such manner as Seller considers suitable.
