Common use of Disclaimer of All Warranties Clause in Contracts

Disclaimer of All Warranties. This Section 15.4 applies to the software described in this Section 15 (Evaluation Software Subscription) and Section 16 (Not-For-Resale Software Subscription). THE EVALUATION SOFTWARE, THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES AND THE DOCUMENTATION PROVIDED BY KION IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR INTENDED RESULTS, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, KION MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, SERVICES AND DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE FROM HARMFUL CODE, UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICES, AND DOCUMENTATION.

Disclaimer of All Warranties. This Section 15.4 applies to the software described in this Section 15 (Evaluation Software Subscription) and Section 16 (Not-For-Resale Software Subscription). THE EVALUATION SOFTWARE, THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES AND THE DOCUMENTATION PROVIDED BY KION IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR INTENDED RESULTS, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, KION XXXX MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, SERVICES AND DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE FROM HARMFUL CODE, UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICES, AND DOCUMENTATION.

Disclaimer of All Warranties. This Section 15.4 applies to the software described in this Section 15 (Evaluation Software Subscription) and Section 16 (Not-For-Resale Software Subscription). THE EVALUATION SOFTWARE, THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES AND THE DOCUMENTATION PROVIDED BY KION XXXX IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S NON- REQUIREMENTS OR INTENDED RESULTS, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, KION XXXX MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, SERVICES AND DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE FROM HARMFUL CODE, UNINTERRUPTED OR THAT ALL DEFECTS WILL BE CORRECTED. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF THIRD- ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICES, AND DOCUMENTATION.

Disclaimer of All Warranties. This Section 15.4 applies to the software described in this Section 15 (Evaluation Software Subscription) and Section 16 (Not-For-Resale Software Subscription). WE PROVIDE THE EVALUATION SOFTWARE, THE NFR SOFTWARE (DESCRIBED BELOW IN SEC. 16), ANY SERVICES LA MUSICA SERVICE AND THE DOCUMENTATION PROVIDED BY KION IN CONNECTION WITH SUCH SOFTWARE (COLLECTIVELY, THE “SOFTWARE, SERVICES AND DOCUMENTATION”) ARE EACH PROVIDED CONTENT TO YOU “AS IS” AND “WITH AS AVAILABLE.” WE TRY TO KEEP THE LA MUSICA SERVICE BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL FAULTS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KINDTITLE, WHETHER WRITTENNON-INFRINGEMENT, ORALACCURACY, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE LA MUSICA SERVICE WILL ALWAYS BE SAFE, NON-INFRINGEMENT, NON-INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR INTENDED RESULTSSECURE, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, KION MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, SERVICES AND DOCUMENTATION WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, FAIL-SAFE, FREE FROM HARMFUL CODE, UNINTERRUPTED OR THAT ALL DEFECTS THE LA MUSICA SERVICE WILL BE CORRECTEDALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THIRD-PARTY SOFTWARE, OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS WE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF USE OF THE SOFTWARE, SERVICESTHIRD PARTIES, AND DOCUMENTATIONYOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.