Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OF, OR ARISING FROM, PURCHASER'S USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTOR.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS RCC WARRANTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED THE SITE AND SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PROVIDED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE A PROFESSIONAL MANNER AND ACCURATE TO THE BEST REASONABLE SATISFACTION OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREINCATERPILLAR. EXCEPT AS EXPRESSLY PROVIDEDPROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, CONTRACTOR MAKES NO REPRESENTATIONS THE SITE AND SERVICES PROVIDED BY OR WARRANTIESTHROUGH COMPANY ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESSLY WHETHER EXPRESS OR IMPLIEDLY. BY WAY OF EXAMPLEIMPLIED, BUT NOT OF INCLUDING, WITHOUT LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR THAT THE USE BUSINESS, ANY LOSS OF INFORMATION GOODWILL OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OFREPUTATION, OR ARISING FROMTHE COSTS OF SUBSTITUTE GOODS OR SERVICES, PURCHASER'S USE EVEN IF COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTORTHE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDEDPROVIDED IN THIS AGREEMENT, CONTRACTOR RIGHTS HOLDER IS PROVIDING THE RIGHTS HOLDER TECHNOLOGY “AS IS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES NO REPRESENTATIONS ANY REPRESENTATIONS, EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLEINCLUDING, BUT NOT OF WITHOUT LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR THAT THE USE OF INFORMATION NON-INFRINGEMENT OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ASSUMES ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY RESPONSIBILITIES WHATSOEVER WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OFUSE, SALE, OR ARISING FROMOTHER DISPOSITION OF LICENSED PRODUCTS INCORPORATING OR MADE BY USE OR PRACTICE OF THE RIGHTS HOLDER TECHNOLOGY. WITH THE EXCEPTION OF DAMAGES ATTRIBUTABLE TO A PARTY’S BREACH OF SECTION 7.1, PURCHASER'S USE FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF INFORMATION ANY KIND, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTOROTHERWISE.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT 1. REL DELIVERS THE LICENSED SOFTWARE TO LICENSEE “AS IS” AND REL HEREBY DISCLAIMS ANY INFORMATION AND ALL WARRANTIES, REPRESENTATIONS OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION GUARANTEES, EITHER EXPRESS OR IMPLIED, WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE RESPECT TO THE BEST OF ITS KNOWLEDGE AND BELIEFSOFTWARE PACKAGE OR ANY PART THEREOF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLE, INCLUDING BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR LIMITED TO WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, EFFICIENCY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSECOMPLETENESS. IN ADDITION, REL EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE PACKAGE OR USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER THEREOF WILL NOT INFRINGE ANY PATENT OR OTHER THIRD PARTY’S INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTYRIGHTS. EXCEPT AS OTHERWISE PROVIDED REL FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT (i) LICENSED SOFTWARE WILL OPERATE CORRECTLY, WHEN USED IN THIS CONTRACTCOMBINATION WITH LICENSEE’S PROGRAM AND ANY EQUIPMENT, CONTRACTOR DEVICE OR PROGRAM CHOSEN BY LICENSEE; AND ITS PARENT THAT (ii) LICENSED SOFTWARE WILL BE FIT FOR LICENSEE’S ANY PARTICULAR PURPOSE. THE WARRANTIES STATED HEREIN ARE THE SOLE AND AFFILIATES SHALL NOT BE THE EXCLUSIVE WARRANTIES OFFERED BY REL, INCLUDING STATUTORY RESPONSIBILITY HELD BY REL RELATED TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OF, OR ARISING FROM, PURCHASER'S USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTORDEFECT WARRANTY.