DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLER, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR TITLE. ROCKEFELLER WILL NOT BE LIABLE TO COMPANY, ITS SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. (a) THE COMPANY PROVIDES ITS EQUIPMENT FOR THE PURPOSE OF AERATION TO WATER AND WASTEWATER, HOWEVER, SINCE THE CHARACTERISTICS OF WATER AND WASTEWATER ARE HIGHLY VARIABLE AND THOSE CHARACTERISTICS AFFECT THE ABILITY OF OXYGEN TO ENTER AND REMAIN IN THE WATER AND WASTEWATER, THE COMPANY SHALL ONLY WARRANT THE MATERIALS AND WORKMANSHIP OF THE EQUIPMENT AND THE VOLUME OF AIR INTRODUCED INTO THE WATER AS PROVIDED IN CURRENT AND FUTURE PRODUCT DOCUMENTS. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED FOR THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, FOR ANY OF THE PRODUCTS.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. (a) EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER COMPANY NOR CONSULTANT MAKES ANY WARRANTIES TO THE OTHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. If any equipment is defective when installed or provided, the company will either repair or replace the defective equipment. Replacement or defective equipment constitutes the company’s entire liability to you and your sole remedy under this agreement, whether such claim or remedy is sought in contract or tort (including negligence, strict liability or otherwise). The foregoing warranties are exclusive and are in the place of all other warranties, whether written or implied, in fact or in law. The company disclaims any and all warranties of the merchantability or fitness for a particular purpose. In no event shall the company, its employees, affiliates or agents or agents have any liability for: (1) any special, indirect, exemplary, incidental or consequential damages resulting from the company’s provision or failure to provide any equipment or service to you, or from any fault, failure deficiency or defect in service, labor materials, work or equipment furnished to you by the company or any other party, (2) any claims or damages arising from programs or other content which you receive by using the equipment or service, or (3) any delay or failure by the company to perform its obligations, if such delay or failure arises in connection with any acts of nature, fires, earthquakes, floods strikes or other labor disputes, unusually severe weather, acts of any governmental body or any other cause beyond the company’s reasonable control.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES a. NEITHER S&P IMS NOR ANY THIRD-PARTY SUPPLIERS OF DATA, SOFTWARE OR EQUIPMENT TO S&P IMS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY SUBSCRIBER OR OTHERS FROM THE USE OF THE DATABASES OR ANY SOFTWARE OR EQUIPMENT PROVIDED HEREUNDER, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. The information contained in the Databases shall he obtained from sources considered by S&P IMS to he reliable, but the accuracy and completeness thereof are not guaranteed and S&P IMS and its third-party suppliers shall have no liability for errors or omissions with respect to the Databases or their delivery, regardless of the cause or source of such error or omission.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. TIBCO makes, and Applicant receives, no warranties or conditions of any kind, express, implied or statutory, related to or arising in any way out of any certification examination, any TIBCO certification program, or this Agreement. TIBCO specifically disclaims any implied warranty of merchantability, fitness for a particular purpose and non-infringement of any third party rights. In no event shall TIBCO be liable for indirect, consequential, or incidental damages (including damages for loss of profits, revenue, data, or use) arising out of this Agreement, any TIBCO certification program, or incurred by any party, whether in an action in contract or tort, even if TIBCO has been advised of the possibility of such damages. TIBCO’s liability for damages relating to any certification examination, any TIBCO certification program, or this Agreement shall in no event exceed the amount of application fees actually paid to TIBCO by Applicant. Some jurisdictions do not allow limitations of the liability so certain of these limitations may not apply; however, they apply to the greatest extent permitted by law. Applicant acknowledges and agrees that TIBCO has made no representation, warranty, or guarantee as to the benefits, if any, to be received by Applicant from third parties as a result of receiving certification. This Section shall survive termination or expiration of this Agreement and all TIBCO certification programs for any reason.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES a. While PlanGrid strives to ensure that the Online Services do not alter any part of the Content, it does not guarantee that no alteration will ever occur or that what is displayed in the Application or on its Site will at all times be a complete rendering of all Content. PlanGrid is not responsible for the accuracy, completeness, appropriateness, attribution or legality of the Content, files, user posts, annotations, markups or any other information Customer may be able to access using the Online Service. Ultimately it is Customer’s responsibility to check that its Content as displayed on the Online Service is an accurate rendering of Customer’s Content as originally uploaded.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES a. NEITHER FISL, NOT ANY THIRD-PARTY LICENSORS OR PROVIDERS OF DATA TO FISL MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY SUBSCRIBER OR OTHERS FROM THE USE OF THE FISL DATABASE PROVIDED HEREUNDER, and THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Because of the possibility of human or mechanical error by FISL, FISL’s sources or others, FISL does not guarantee the accuracy, completeness or timeliness of the FISL Database including any information contained therein and neither FISL nor its sources shall be responsible for any errors or omissions or for the results obtained from the use of the FISL Database or any such information
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. SAS makes, and Applicant receives, no warranties or conditions of any kind, express, implied or statutory, related to or arising in any way out of any certification examination, any SAS certification program, or this Agreement. SAS specifically disclaims any implied warranty of merchantability, fitness for a particular purpose and non-infringement of any third party rights. In no event shall SAS be liable for indirect, consequential, or incidental damages (including damages for loss of profits, revenue, data, or use) arising out of this Agreement, any SAS certification program, or incurred by any party, whether in an action in contract or tort, even if SAS has been advised of the possibility of such damages. SAS’ liability for damages relating to any certification examination, any SAS certification program, or this Agreement shall in no event exceed the amount of application fees actually paid to SAS by Applicant. Some jurisdictions do not allow limitations of the liability so certain of these limitations may not apply; however, they apply to the greatest extent permitted by law. Applicant acknowledges and agrees that SAS has made no representation, warranty, or guarantee as to the benefits, if any, to be received by Applicant from third parties as a result of receiving certification. This Section shall survive termination or expiration of this Agreement and all SAS certification programs for any reason.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES a. Employment Department expressly disclaims the accuracy, timeliness, completeness, adequacy, and /or suitability of Employment Department’s information for BHCD’s particular purpose.
