Disclaimer of Warranties; Limitation on Liability Sample Clauses
Disclaimer of Warranties; Limitation on Liability. THE TELEHEALTH PRODUCT IS MADE AVAILABLE TO EMPLOYER, CLIENTS AND THEIR ELIGIBLE PARTICIPANTS “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TELEHEALTH PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELEHEALTH PROVIDER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. EXCEPT FOR BREACHES OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TELEHEALTH PROVIDER’S AGGREGATE AND CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY EMPLOYER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL TELEHEALTH PROVIDER BE LIABLE TO EMPLOYER OR ANY OTHER PERSON (INCLUDING ANY CLIENT) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH TELEHEALTH PROVIDER’S PERFORMANCE UNDER THIS AGREEMENT, OR USE OF OR INABILITY TO USE THE PROGRAM SOFTWARE, OR FOR ANY CLAIM BY ANY ELIGIBLE PARTICIPANT OR OTHER PERSON, EVEN IF TELEHEALTH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Employer shall include the foregoing disclaimer of liability in each Client agreement.
Disclaimer of Warranties; Limitation on Liability. (a) Partner hereby acknowledges and agrees that, except as expressly set forth herein, CB has not made and makes no representations or warranties of any kind or nature concerning the services, and specifically disclaims any and all representations and warranties concerning the services, both express and implied, including, without limitation, all warranties of merchantability and fitness for a particular purpose or use.
(b) CB shall not, under any circumstance, be liable for consequential, incidental, indirect or special damages, including, without limitation, loss of anticipated revenues or profits or damages resulting from claims brought by customers or other third parties against partner.
Disclaimer of Warranties; Limitation on Liability. (a) Partner hereby acknowledges and agrees that, except as expressly set forth herein, VH has not made and makes no representations or warranties of any kind or nature concerning the services, and specifically disclaims any and all representations and warranties concerning the services, both express and implied, including, without limitation, all warranties of merchantability and fitness for a particular purpose or use.
(b) VH shall not, under any circumstance, be liable for consequential, incidental, indirect or special damages, including, without limitation, loss of anticipated revenues or profits or damages resulting from claims brought by customers or other third parties against partner.
Disclaimer of Warranties; Limitation on Liability. EXCEPT FOR THE WARRANTIES EXPRESSLY INCLUDED IN THIS AGREEMENT, MARCO PHARMA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS TO BE PROVIDED UNDER THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. MARCO PHARMA’S LIABILITY FOR MONEY DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT TO BE PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED THE PRICE IN THE PURCHASE ORDER AT ISSUE. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER THEORY WHATSOEVER.
Disclaimer of Warranties; Limitation on Liability. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such Equipment, and that LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. IN NO EVENT SHALL LESSOR BE LIABLE (INCLUDING WITHOUT LIMITATION, UNDER ANY THEORY IN TORTS) FOR ANY LOSS OF USE, REVENUE, ANTICIPATED PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LEASE OR THE USE, PERFORMANCE OR MAINTENANCE OF THE EQUIPMENT. Lessor hereby assigns to Lessee for the Lease Term, so long as no Default has occurred hereunder and is continuing, all manufacturer's warranties held by Lessor, if any, express or implied, with respect to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense.
Disclaimer of Warranties; Limitation on Liability. 9.1. CBC and CBC Parties provide the Services and any related products on an “as is” basis, except as otherwise specifically set forth in the applicable Service Level Agreement.
9.2. You expressly agree that use of the Services is at Your sole risk.
9.3. To the fullest extent permitted by applicable law, CBC and CBC Parties expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, oral or written, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
9.4. You hereby agree that the terms of this Agreement, including any Schedule, will not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement, including any Schedule.
9.5. Nothing in these Terms and Conditions shall limit or exclude CBC's liability for: i death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; ii fraud or fraudulent misrepresentation; iii breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); iv breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or v defective products under the Consumer Protection Act 1987.
9.6. Subject to clause 9.5, CBC will not be liable to You, whether in contract tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for; i pure economic loss; ii for any direct, indirect, incidental, special, punitive or consequential damages; iii loss of or damage to goodwill; iv loss of profits or revenue; v loss of systems availability or access to systems; vi loss of connectivity or degradation of network bandwidth; vii loss of sales, business or business opportunity viii loss of agreements or contracts; ix loss of anticipated savings; x loss of use, information, software or corruption of data; or xi claims by any third party licensors of You or Your systems and networks (including without limitation the systems).
9.7. CBC and CBC Parties will not be liable for any harm that may be caused by Your access to application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, trojan horses, worms, viruses and similar mechanisms.
9.8. Subject to...
Disclaimer of Warranties; Limitation on Liability. THE SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE MATERIALS IS WITH YOU.
Disclaimer of Warranties; Limitation on Liability. EXCEPT AS SET FORTH ABOVE, Muze MAKES NO WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE) AS TO ANY MATTER WHATSOEVER. THE PRODUCTS ARE PROVIDED "AS IS," AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. EXCEPT AS SET FORTH ABOVE, Muze SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST Licensee BY ANY THIRD PARTY (INCLUDING BY Licensee's EMPLOYEES OR CONTRACTORS). IN NO CASE SHALL ANY LIABILITY OF Muze EXCEED THE TOTAL LICENSE AND OTHER FEES PAID TO Muze BY Licensee HEREUNDER. FURTHERMORE, Muze SHALL UNDER NO CIRCUMSTANCES (OTHER THAN WILLFUL MISCONDUCT) BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES.