Disclaimer of Warranties and Limitation on Liability Sample Clauses

Disclaimer of Warranties and Limitation on Liability. (a) YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, EVERYTHING ON THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, INTELLIGENT WELLHEAD SYSTEMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Disclaimer of Warranties and Limitation on Liability. 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Warranties and Limitation on Liability. 12.1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS), THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE EXISTS, NO WARRANTY, EXPRESS OR IMPLIED, THAT THE USE OF FACILITIES, ARRANGEMENTS, OR SERVICES PROVIDED BY THE OTHER PARTY UNDER THIS AGREEMENT WILL NOT GIVE RISE TO A CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT OF SUCH THIRD PARTY.
Disclaimer of Warranties and Limitation on Liability a. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND THE SMITHSONIAN DISCLAIMS ALL WARRANTIES, EITHERWHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the Software you obtain and install is the appropriate version for your computer or network equipment.
Disclaimer of Warranties and Limitation on Liability. (a) Nutraceutical warrants that the Products, when delivered, will be fit for human consumption. NUTRACEUTICAL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND WHETHER OR NOT FOUND IN AUTHORIZED LITERATURE, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Disclaimer of Warranties and Limitation on Liability and Damages; Indemnity YOU UNDERSTAND AND AGREE THAT IMSI IS MAKING NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE ERROR OR BUG-FREE, REGARDING THE SECURITY, RELIABILITY OR PERFORMANCE OF THE SOFTWARE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, IMSI DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU CAN RECOVER FROM IMSI AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to, among other things, claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by law, even if repair, replacement or a refund for the software does not fully compensate you for any losses, or IMSI knew or should have known about the possibility of the damages. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Therefore, only those above limitations which are lawful in your jurisdiction will apply to you, and IMSI’s liability will be limited to the maximum extent permitted by law. You agree to hold harmless and indemnify IMSI and its affiliates, officers, agents, and employees from and against any claim, suit, or action arising from or in any way related to your use of the Software or your violation of the terms and conditions of this Agreement, including any liability or expense arising from all claims, losses, damage...
Disclaimer of Warranties and Limitation on Liability. (a) To the extent possible, the Licensor offers the Licensed Material as-is and as- available, and makes no representations or warranties of any kind concerning the Licensed Material, express, implied, statutory or otherwise. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non infringement, absence of latent or other defects, accuracy or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
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Disclaimer of Warranties and Limitation on Liability. The MH Materials, the Platform and all materials contained therein are provided on an “as is” basis. Neither MH nor its third party licensors make any guarantees or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or use as to any such site or the information therein or any warranties as to the accuracy, completeness, currentness, or results to be obtained from accessing and using any of the MH Materials, or any material which can be accessed (via a direct or indirect hyperlink or otherwise) through any such site. Any warranties of any kind, whether express or implied, are disclaimed. Any material or data obtained through use of any of the MH Materials sites is at Subscriber’s and its End Users’ own discretion and risk and Subscriber understands that it will be solely responsible for any resulting damage to its computer system or loss of data. In no event will MH or its third party licensors, be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of any of the MH Materials or the Platform. Without limiting the foregoing, in no event shall the aggregate liability of MH and its third-party licensors in any and all categories, whether arising from agreement, warranty, negligence, or otherwise, exceed one-fifth (1/5) of the subscription fee paid by Subscriber for the MH Materials.
Disclaimer of Warranties and Limitation on Liability. 9.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND CCS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
Disclaimer of Warranties and Limitation on Liability. 5.1. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND ARECA DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the Software that you obtain and install is the appropriate version for your model of graphics controller board, operating system, and computer hardware.
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