Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 13 contracts

Samples: Liferay Developer Studio, License Agreement, Liferay Portal Enterprise Edition and Certain Applications

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DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HGS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 9 contracts

Samples: License Agreement, End User License Agreement, License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 8 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE SOFTWARE IS PROVIDED AND UNITS OF THE LICENSED "AS IS" WITHOUT WARRANTY PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE WILL ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREREPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE SOFTWARE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUTE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESSLY DISCLAIMED.

Appears in 7 contracts

Samples: Licensed Publisher Agreement (Bam Entertainment Inc), Licensed Publisher Agreement (3do Co), Licensed Publisher Agreement (Conspiracy Entertainment Holdings Inc)

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES ARE PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, OR BEING UP-TO-DATE. ANY USAGE OF THE WEBSITES IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SOFTWARE IS WEBSITES, THE ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE WEBSITES, OR ANY OTHER MATERIAL PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF BY ANY KINDLINK TO ANOTHER WEBSITE OR SERVICE, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW, BUT NOT LIMITED TOCUSTOM, THE IMPLIED PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLELIKELY-RESULT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE WEBSITES WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, AND SUCH IMPLIED WARRANTIESOR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER. We will make efforts to run the Websites efficiently and accessible at all times. However, ANY OTHER WARRANTIESthe Websites’ operation is dependent upon various factors such as software, REPRESENTATIONShardware, CONDITIONS AND TERMSand communication networks. By their nature, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTEthese factors are not fault free. We do not warrant that the Websites will operate in an uninterrupted or error-free manner, COMMON LAWor that the Websites will always be available, COURSE OF DEALINGfree from all harmful components, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWor that at all times the Websites will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including but not limited to, hardware failures, software failures and software communication failures, originating either in us or any other service provider. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,Such incidents will not be considered as a breach of the Terms.

Appears in 7 contracts

Samples: Bioevents Terms of Use, Bioevents Terms of Use, Bioevents Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CROWNTV AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE OR ANY EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE (“EQUIPMENT”). CROWNTV AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE OR EQUIPMENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE ADDITIONAL COSTS INCURRED TO USE THE SOFTWARE OR EQUIPMENT WILL NOT EXCEED A CERTAIN AMOUNT OF MONEY, OR (G) THE SOFTWARE, EQUIPMENT OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE AND EQUIPMENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-FRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED LAW BY CROWNTV AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ITS LICENSORS.

Appears in 6 contracts

Samples: www.crowntv-us.com, www.crowntv-us.com, www.crowntv-us.com

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS SERVICES ARE PROVIDED AND LICENSED "AS IS" ” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED AND (2) NORTONLIFELOCK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , NORTONLIFELOCK MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE FOREGOING DISCLAIMERSERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, MANUFACTURED NORTONLIFELOCK MAKES NO REPRESENTATION OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.

Appears in 6 contracts

Samples: License and Services Agreement, License and Services Agreement, www.nortonlifelock.com

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 5 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, /N SOFTWARE SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE LICENSED SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY /N SOFTWARE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS INFORMATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWADVICE. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFURTHER, THE LICENSED SOFTWARE IS NOT SPECIFICALLY FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) SUCH AS IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). /N SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Appears in 5 contracts

Samples: User Licensing Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 4 contracts

Samples: License Agreement, License Agreement, Terms and Conditions For

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 4 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL XXXXXX CONTROLS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, AND PRODUCTION OR DELIVERY OF THE SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT EVEN IF XXXXXX CONTROLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH IMPLIED WARRANTIESDAMAGES, OR FOR ANY CLAIM BY ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWPARTY. LIFERAY XXXXXX CONTROLS DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT (I) MAY BE OBTAINED BY USING THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE PRODUCT. XXXXXX CONTROLS ASSUMES NO LIABILITY FOR DAMAGES CONSEQUENT TO USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) PRODUCT. THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE PRODUCT IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED DESIGNED FOR A LEVEL OF RELIABILITY FOR USE IN (1) FACILITIES LIFE SUPPORT OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCECRITICAL APPLICATIONS. USE AND VERIFICATION OF THE SOFTWARE PRODUCT IN SUCH APPLICATION IS THE SOLE RESPONSIBILITY OF THE END USER. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO (A) YOU. THE PLANNINGWARRANTY AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, CONSTRUCTIONORAL OR WRITTEN, MAINTENANCE, CONTROL, EXPRESSED OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,IMPLIED.

Appears in 4 contracts

Samples: License Agreement, License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES NOT WARRANT TO THE EXTENT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE ANY OF THE SOFTWARE WILL SAME CANNOT BE UNINTERRUPTED EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ERROR FREE, (III) WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE EXPRESS WARRANTY PERIOD REFERRED TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION"LIMITED WARRANTY" SECTION ABOVE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERBECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 4 contracts

Samples: Purposes of the Agreement, Purposes of the Agreement, Purposes of the Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN CERTAIN ACCESS TO THE GENERALITY ASSETS TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Magnum Hunter Resources Corp), Purchase and Sale Agreement (Magnum Hunter Resources Corp), Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 4 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "ON AN 'AS IS" ' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE VIRUSES OR THAT OPERATION OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED SERVICE AND ANY MATERIAL OR ERROR FREESERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE RESULTS OBTAINED FROM EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. (viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCESERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (ACONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE PLANNINGUSE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION SO SOME OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: Master Electronic Banking Service Agreement, Master Electronic Banking Service Agreement, Master Electronic Banking Service Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Software License Agreement Terms And

DISCLAIMER OF WARRANTY. TO LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE IS AT LICENSEE’S OWN RISK AND THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDWARRANTIES OR CONDITIONS WHATSOEVER. HANDSONCODE EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY HANDSONCODE DOES NOT WARRANT THAT (I) THE SOFTWARE AND ITS FUNCTIONALITY, RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS, (II) LICENSEE’S REQUIREMENTS OR THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) . LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. LICENSEE UNDERSTANDS THAT THE SOFTWARE MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY LICENSEE TO PROPERLY USE THE SOFTWARE. LICENSEE ASSUMES FULL RESPONSIBILITY FOR ANY USE OF THE SOFTWARE. WITHOUT LIMITING SOFTWARE AND BEARS THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED ENTIRE RISK FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SUCH ERROR AND FAILURES.

Appears in 3 contracts

Samples: General Software License Terms, General Software License Terms, General Software License Terms

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 3 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 7.1 — 7.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 3 contracts

Samples: Smarsh Service Agreement, Smarsh Service Agreement, Smarsh Service Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS AND ANY HARDWARE ARE PROVIDED AND LICENSED "BY RED HAT “AS IS" ” AND WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH . ALL STATUTORY OR IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONSCONSUMER GUARANTEES, CONDITIONS AND TERMSWARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW., EXPRESS LIABILITY UNDER ANY GUARANTEE, CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED, IN THE DISCRETION OF RED HAT, TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN, OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR IMPLIED (CONDITIONS AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT (I) TO THE SOFTWARE WILL MEET YOUR REQUIREMENTSFULLEST EXTENT PERMITTED BY APPLICABLE LAW, (II) THE USE OF THE SOFTWARE WILL LIABILITY UNDER ANY CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE UNINTERRUPTED OR ERROR FREEEXCLUDED IS LIMITED, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE DISCRETION OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERRED HAT, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TO: (A) IN THE PLANNINGCASE OF GOODS, CONSTRUCTIONTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, MAINTENANCETHE REPAIR OF THE GOODS, CONTROLTHE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR DIRECT OPERATION THE PAYMENT OF NUCLEAR FACILITIES, THE COST OF HAVING THE GOODS REPAIRED; AND (B) AIRCRAFT NAVIGATIONIN THE CASE OF SERVICES, CONTROL SUPPLYING THE SERVICES AGAIN, OR COMMUNICATION SYSTEMSPAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Without limiting the generality of the foregoing disclaimer, WEAPONS SYSTEMS,the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED TO LICENSEE AS IS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COGNEX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED WHETHER EXPRESSED, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND SUCH IMPLIED WARRANTIESOF SATISFACTORY QUALITY, ANY OTHER WARRANTIESOF ACCURACY, REPRESENTATIONSOF QUIET ENJOYMENT, CONDITIONS AND TERMSOF RELIABILITY, EXPRESS OF COMPLETENESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, LACK OF VIRUSES; WARRANTIES ARISING FROM A COURSE OF DEALING, DEALING OR USAGE OF TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWAND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIFERAY COGNEX DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE, THAT (I) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE LICENSEE, ITS ORGANIZATION, AND ALL USERS OF THE SOFTWARE. WITHOUT LIMITING , ASSUME ALL RISKS WHEN USING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SOFTWARE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER PARTY MAKES, NOR EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY KINDOTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, PARTICIPANT ACKNOWLEDGES AND AGREES THAT INDISOFT MAKES NO WARRANTIES AS TO THE NUMBER OF FORECLOSURE ALTERNATIVE APPLICATIONS THAT MAY BE MADE AVAILABLE UNDER THIS AGREEMENT OR AS TO THE RESULTS THAT MAY BE OBTAINED AS A CONSEQUENCE OF ANY FORECLOSURE ALTERNATIVE APPLICATION OR FROM UTILIZATION OF THE SYSTEM OR INDISOFT MATERIALS. THE SYSTEM, INDISOFT DATA, AND SUCH IMPLIED WARRANTIESINDISOFT MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS- AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SHALL NOT CONSTITUTE COMPLIANCE WITH ANY LAW OR BY ITSELF (IN THE FORM PROVIDED BY INDISOFT) SERVE AS THE SOLE BASIS FROM WHICH TO MAKE A DECISION CONCERNING RATES, FEES, MORTGAGES, OR LOAN MODIFICATIONS OR OTHER FORECLOSURE ALTERNATIVE APPLICATION. IN ADDITION, INDISOFT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE WARRANTY THAT ITS SERVICES OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE DATA WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU FREE OF VIRUSES OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONOTHER HARMFUL PROGRAMMING, OR AVAILABLE ON AN UNINTERRUPTED BASIS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY USE BY PARTICIPANT OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERSYSTEM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLINDISOFT DATA, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,INDISOFT MATERIALS IS SOLELY AT PARTICIPANT'S OWN RISK.

Appears in 2 contracts

Samples: Counselor and Authorized Third Party Participation Agreement, Limited License Agreement

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS AND AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. PRODUCT IS DEEMED ACCEPTED BY YOU UPON ACCEPTANCE OF THIS XXXX. THE PRODUCT IS PROVIDED \"AS IS\" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED LICENSOR AND LICENSED "AS IS" ITS SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION ANY IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT, ANY OTHER WARRANTIESINTERFERENCE, REPRESENTATIONS, CONDITIONS INFORMATIONAL CONTENT AND TERMS, EXPRESS SYSTEM INTEGRATION. THE ENTIRE RISK ARISING OUT OF THE USE OR IMPLIED (PERFORMANCE OF THE PRODUCT AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE DOCUMENTATION REMAINS WITH YOU. THIS DISCLAIMER OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWWARRANTY IS AN ESSENTIAL PART OF THIS XXXX. LIFERAY DOES LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, (II) REQUIREMENTS OR THAT THE USE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF AN IMPLIED WARRANTY, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BY JURISDICTION.

Appears in 2 contracts

Samples: License Agreement, User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" ", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,I)

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Liferay Diagnostic, Liferay Developer Studio

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 2 contracts

Samples: License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION 4, THE SOFTWARE IS PROVIDED BY ENGHOUSE AND LICENSED ACCEPTED BY THE CUSTOMER "AS IS" WITHOUT AND ENGHOUSE GIVES TO THE CUSTOMER NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO SOFTWARE OR THE PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY ENGHOUSE DOES NOT WARRANT THAT (I) THE SOFTWARE OR THE OPERATION THEREOF IS OR WILL BE ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET YOUR THE CUSTOMER'S REQUIREMENTS, AND ENGHOUSE GIVES NO IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE AND WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ENGHOUSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS TO THE ADEQUACY OR SUFFICIENCY IN COMPLYING WITH THE TELEPHONE CONSUMER PROTECTION ACT (II) “TCPA”), ANY DECISIONS, DIRECTIONS OR GUIDANCE GIVEN BY OFCOM OR ANY COMMUNICATIONS REGULATORY AUTHORITY IN ANY OTHER APPLICABLE JURISDICTION. THE USE OF CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S EXCLUSIVE LIABILITY TO COMPLY WITH ANY REGULATORY AUTHORITY AND ALL APPLICABLE COMMUNICATIONS LAWS INCLUDING OUTBOUND COMMUNICATIONS AND DO-NOT- CONTACT OBLIGATIONS. IF CUSTOMER PURCHASES OUTBOUND DIALLER SOFTWARE OR SERVICES, THE SOFTWARE WILL PARTIES ACKNOWLEDGE THAT CELL PHONE DATA CONSTANTLY CHANGES AND AS A RESULT MAY NOT BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,.

Appears in 2 contracts

Samples: Enghouse Global End User License Agreement, Enghouse Global End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), AND TO THE MAXIMUM EXTENT FULLY PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED INSIGHTSOFTWARE AND LICENSED "AS IS" WITHOUT WARRANTY ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 2 contracts

Samples: Liferay Portal Enterprise Edition and Certain Applications, License Agreement

DISCLAIMER OF WARRANTY. CONCUR PROVIDES THE PLATINUM MEMBERSHIP LEVEL OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE CONCUR MARKS, LICENSED MATERIALS, ANY OTHER APPLICABLE CONCUR PROPERTY, AND ANY PROGRAM PORTAL THAT MAY EXIST AS OF THE EFFECTIVE DATE OR IN THE FUTURE, "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCUR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TOCONCUR SERVICE, THE PROGRAM, THE CONCUR PROGRAM PORTAL (IF ANY), AND ALL OTHER APPLICABLE CONCUR PROPERTY, WHETHER EXPRESS, IMPLIED WARRANTY OF QUALITYOR STATUTORY, ORAL OR IN WRITING, ARISING UNDER ANY LAW, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS WITH RESPECT TO VALIDITY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, FUNCTIONALITY, PERFORMANCE, ACCURACY, BENEFITS, OR AVAILABILITY AND SUCH IMPLIED WARRANTIES, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE . IN NO EVENT WILL CONCUR BE LIABLE TO PLATINUM ADVISOR OR TO ANY OTHER WARRANTIESINDIVIDUAL OR ENTITY AFILIATED WITH PLATINUM ADVISOR FOR ANY CLAIM, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS LOSS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE DAMAGE ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OPERATION OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERCONCUR SERVICE, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDPROGRAM, MANUFACTURED OR INTENDED FOR USE IN THE CONCUR PROGRAM PORTAL (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLIF ANY), OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHER APPLICABLE CONCUR PROPERTY.

Appears in 2 contracts

Samples: Membership Agreement, www.concur.com

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Software is deemed accepted by you. The SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INFOSPACE, INCLUDINGINC. FURTHER DISCLAIMS ALL WARRANTIES, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT IN NO EVENT SHALL INFOSPACE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (IINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESOFTWARE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONEVEN IF INFOSPACE, INC. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE GENERALITY EXCLUSION OR LIMITATION OF THE FOREGOING DISCLAIMERLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 2 contracts

Samples: Software Marketing and Distributorship Agreement (Viador Inc), Software Marketing and Distributorship Agreement (Viador Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER ARTICLE 5.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES AS PROVIDED BY PROVIDER ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY PROVIDER DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE PROVIDER TECHNOLOGY OR SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REQUIREMENTS, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT PROVIDER WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE BREACH OF THE SOFTWAREWARRANTIES SET FORTH IN ARTICLE 5.1, COMPANY’S EXCLUSIVE REMEDY, AND PROVIDER'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF PROVIDER CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, OR (C) DIRECT LIFE SUPPORT SYSTEMS. COMPANY AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROVIDER TECHNOLOGY AND SERVICES.

Appears in 2 contracts

Samples: Master Subscription and Support Agreement, Master Subscription and Support Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDHOST MAKES NO OTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESCONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. FURTHER, HOST DOES NOT, EXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, WARRANT, GUARANTEE, OR MAKE ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATIONS REGARDING THE USE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE THE RESULTS OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED HOSTING SERVICES, LICENSED SOFTWARE, AND/OR ERROR FREECUSTOMER CONTENT IN TERMS OF CORRECTNESS, (III) ACCURACY, ACCESSIBILITY, RELIABILITY, OR OTHERWISE. CUSTOMERS ASSUME SOLE RESPONSIBILITY FOR THEIR AND THEIR END USERS’ USE OF THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ACHIEVE CUSTOMERS’ INTENDED RESULTS AND THE RESULTS ACTUALLY OBTAINED FROM THE USE OF THE HOSTING SERVICES. HOST DOES NOT WARRANT THAT THE HOSTING SERVICES, LICENSED SOFTWARE. , AND/OR CUSTOMER CONTENT WILL BE UNINTERRUPTED OR ERROR FREE NOR IS HOST LIABLE FOR THE INABILITY TO ACCESS THE INTERNET INCLUDING, WITHOUT LIMITING LIMITATION, CUSTOMERS’ OR CUSTOMERS END USERS’ USE OR INABILITY TO USE THE GENERALITY HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT, ANY CHANGES THERETO, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CUSTOMER OR CUSTOMER END USER TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES OR USE OF THE FOREGOING DISCLAIMERHOSTING SERVICES, LICENSED SOFTWARE AND/OR CUSTOMER CONTENT. THE LIMITED WARRANTY CONTAINED HEREIN, BUT NOT THE EXCLUSIONS AND WAIVERS OF WARRANTIES CONTAINED HEREIN, SHALL TERMINATE AND BECOME NULL AND VOID TO THE EXTENT THAT ANY BREACH OF SUCH WARRANTY ARISES FROM THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN HOST. CUSTOMERS FURTHER UNDERSTAND AND AGREE THAT CUSTOMERS AND CUSTOMER END USERS SHALL LOOK SOLELY TO THE MANUFACTURER OF ANY THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE PURCHASED OR USED BY CUSTOMERS AND CUSTOMER END USERS IN CONJUNCTION WITH THE HOSTING SERVICES AND/OR CUSTOMER CONTENT SURROUNDING ANY CLAIM THAT SUCH THIRD-PARTY PRODUCT OR THIRD-PARTY SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DEFECTIVE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,INFRINGES ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Travelzoo Inc), Asset Purchase Agreement (Travelzoo Inc)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE, AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL- SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 2 contracts

Samples: Smarsh Service Agreement, Smarsh Service Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT HYLAND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HYLAND DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR FREE, (III) THE OR THAT HYLAND WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 8.1, CUSTOMER’S EXCLUSIVE REMEDY AND XXXXXX’X ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND XXXXXX’X ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HYLAND REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE TERMINATION.

Appears in 2 contracts

Samples: Alfresco Master Agreement, Alfresco Master Agreement

DISCLAIMER OF WARRANTY. THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 9 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY XXXXXXXXX IN CONNECTION WITH THE XXXXXXXXX SOFTWARE, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE XXXXXXXXX SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTIES IN SECTION 9 OF THIS AGREEMENT, XXXXXXXXX DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE XXXXXXXXX SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDOR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. XXXXXXXXX PROVIDES NO WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, REPRESENTATIONS OR CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE XXXXXXXXX SOFTWARE WILL MEET YOUR REQUIREMENTSOPERATE ERROR FREE OR FREE FROM INTERRUPTION, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED VIRUSES OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHER HARMFUL COMPUTER CODE.

Appears in 2 contracts

Samples: Software License Agreement, Information Manager Agreement

DISCLAIMER OF WARRANTY. (a) NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS, LICENSORS, OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ACTIVESTATE AND ITS SUPPLIERS, LICENSORS, AND RESELLERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UPDATES, UPGRADES, SUPPLEMENTS, PRODUCTS, APPLIANCES, SYSTEM INTEGRATION, DATA ACCURACY AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS ITEMS PROVIDED HEREUNDER. ACTIVESTATE MAKES NO WARRANTY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO GUARANTEE THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, ERROR-FREE, (III) OR VIRUS-FREE, OR THAT THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONNEED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ASSUME THE RESULTS OBTAINED FROM THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY THIS DISCLAIMER OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTES AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THIS AGREEMENT.

Appears in 2 contracts

Samples: Activestate® Community Edition License Agreement, Activestate® Community Edition License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE IS AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR SOFTWARE WILL HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICES AND SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND SOFTWARE IS ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. CUSTOMER IS RESPONSIBLE FOR ALL USE OF ITEMS ASSOCIATED WITH CUSTOMER’S ACCOUNT IN ALL CIRCUMSTANCES UNDER ANY SCREEN NAME OR PASSWORD USED ON THAT ACCOUNT. IT IS THE SOLE RESPONISBILITY OF THE CUSTOMER TO PROTECT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONFIDENTIALITY OF CUSTOMER’S PASSWORD. COMPANY EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER SERVICE AGREEMENT, THE SOFTWARE IS SERVICE, COMPANY EQUIPMENT AND COMPANY MATERIALS ARE PROVIDED AND LICENSED "AS IS" ,” WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER SERVICE AGREEMENT, COMPANY DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY COMPANY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR AN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND COMPANY DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS DATA ACCURACY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,QUIET ENJOYMENT.

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement Terms And

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,YOU.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ---------------------- PARAGRAPH (4)(a), THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS MAKES ANY KINDWARRANTY, EITHER EXPRESSED OR IMPLIED, CONCERNING THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH THIS CUSTOMER AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH PURPOSE OR ANY IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAWWARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE COURSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREPERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS WARRANTS THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THEY WILL BE ACCURATE OR ERROR-FREE. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE OR USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LICENSOR AND LICENSOR'S SUPPLIERS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM THE USE OF, OR ANY ERROR OR OMISSION IN, THE SOFTWARE IS OR ANY ACTION TAKEN OR NOT SPECIFICALLY DESIGNEDTAKEN BASED ON THE SOFTWARE OR OTHERWISE FROM ANY CAUSE WHATSOEVER, MANUFACTURED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR INTENDED IN TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL LICENSOR OR LICENSOR'S SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR USE IN (1) FACILITIES ANY LOSS OF BUSINESS OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEOTHER CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGPUNITIVE, CONSTRUCTION, MAINTENANCE, CONTROLINCIDENTAL, OR DIRECT OPERATION INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES THAT (i) LICENSOR AND LICENSOR'S SUPPLIERS SHALL NOT HAVE ANY LIABILITY TO CUSTOMER UNDER THIS CUSTOMER AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, AND (ii) IT SHALL LOOK SOLELY TO LICENSOR AND NOT TO ANY OF NUCLEAR FACILITIESLICENSOR'S SUPPLIERS, (B) AIRCRAFT NAVIGATIONCORPORATE AFFILIATES, CONTROL SHAREHOLDERS, DIRECTORS OR COMMUNICATION SYSTEMSEMPLOYEES, WEAPONS SYSTEMS,FOR ANY SUIT, CLAIM, OR RELIEF IN CONNECTION WITH THE SOFTWARE OR THIS CUSTOMER AGREEMENT. IN NO EVENT SHALL LICENSOR BE LIABLE TO CUSTOMER FOR MORE THAN THE FEE PAID BY CUSTOMER TO LICENSOR.

Appears in 2 contracts

Samples: Distribution Agreement (Satyam Infoway LTD), Distribution Agreement (Satyam Infoway LTD)

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLERS EXPRESSLY DISCLAIM AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATE ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLERS THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, THE RESULTS OBTAINED FROM PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE USE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLERS THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.), Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; OR (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; OR (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; AND (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES. WITHOUT LIMITING ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE GENERALITY USE OF THE FOREGOING DISCLAIMER, SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 2 contracts

Samples: Norton Services Terms and Conditions, Norton Services Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES HAZARDOUS OR CRITICAL ENVIRONMENTS OR IN ACTIVITIES REQUIRING FAILSAFE PERFORMANCEEMERGENCY OR FAIL-SAFE OPERATION, INCLUDING BUT NOT LIMITED SUCH AS APPLICATIONS TO (A) SUPPORT OR SUSTAIN LIFE, THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMSSYSTEMS OR IN ANY OTHER APPLICATIONS OR ACTIVITIES IN * * * Indicates that confidential treatment has been sought for this information. 93 WHICH FAILURE OF THE SOFTWARE MAY POSE THE RISK OF ENVIRONMENTAL HARM OR PHYSICAL INJURY OR DEATH (“DANGEROUS APPLICATIONS”). BLUEARC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY DANGEROUS APPLICATION, WEAPONS SYSTEMS,AND ANY SUCH USE SHALL BE AT CUSTOMER’S SOLE RISK. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO THE SOFTWARE WHICH RESULTS FROM ACCIDENT, ABUSE, MISUSE, THIRD PARTY PRODUCTS, NATURAL OR PERSONAL DISASTER, OR ANY UNAUTHORIZED DISASSEMBLY, REPAIR OR MODIFICATION OR ANY FAILURE TO MAINTAIN AND USE THE SOFTWARE IN A MANNER CONSISTENT WITH ITS PURPOSE AND THE DOCUMENTATION AND INSTRUCTIONS FROM BLUEARC. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THIS WARRANTY SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF BLUEARC AND ITS SUPPLIERS WITH RESPECT TO BREACH OF WARRANTY, AND THE WARRANTIES SET FORTH OR LIMITED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WARRANTY PERIOD. Limitation of Liability. NEITHER BLUEARC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, CONDITIONAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), EVEN IF BLUEARC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUEARC’S CUMULATIVE LIABILITY FOR ALL CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT AND/OR SALE OR PROVISION OF THE SOFTWARE (INCLUDING UNDER ANY WARRANTY EXTENDED IN CONNECTION THEREWITH) SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THIS LIABILITY LIMIT IS CUMULATIVE AND NOT PER INCIDENT.

Appears in 2 contracts

Samples: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ,” AND MALWAREBYTES DISCLAIMS ANY KINDAND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND ANY SERVICES PROVIDED BY MALWAREBYTES, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALINGDEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, TRADE USAGE WHETHER ORAL OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSWRITTEN, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE MALWAREBYTES OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. MALWAREBYTES DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE. WITHOUT LIMITING THE GENERALITY ANY OTHER PROVISION OF THE FOREGOING DISCLAIMERTHIS SECTION 9, THE SOFTWARE IS MALWAREBYTES DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO WARRANT THAT: (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, SOFTWARE WILL OPERATE IN AN ERROR-FREE AND/OR DIRECT OPERATION OF NUCLEAR FACILITIES, UNINTERRUPTED MANNER; AND/OR (B) AIRCRAFT NAVIGATION, CONTROL THE SOFTWARE WILL ELIMINATE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTIES OR REPRESENTATIONS IN MALWAREBYTES' NAME OR ON MALWAREBYTES' BEHALF.

Appears in 2 contracts

Samples: Managed Services Provider Agreement, Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. THIS AGREEMENT IS MADE WITHOUT ANY WARRANTY OF TITLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLEASE(S). CHEVRON DOES NOT WARRANT EITHER EXPRESS, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED STATUTORY OR IMPLIED, AS TO TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE CHEVRON LEASE(S), AND ALL OTHER PROPERTY COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOTO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY THE PARTIES HEREUNDER, OR ANY OTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST CHEVRON WHATSOEVER, EVEN AS TO THE RETURN OF CONSIDERATION. CHEVRON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING COMPANY'S RIGHT OF INGRESS TO AND EGRESS FROM THE CHEVRON LEASE(S) ACROSS ADJACENT OR ADJOINING LANDS. CHEVRON SPECIFICALLY DISCLAIMS, AND COMPANY EXPRESSLY WAIVES THE IMPLIED WARRANTY OF QUALITYTITLE NOTED IN LA. R. S. 31:120 WITH RESPECT TO THE CHEVRON LEASE(S). COMPANY ACKNOWLEDGES THAT THIS EXPRESS WAIVER WILL BE CONSIDERED A MATERIAL AND INTEGRAL PART OF THIS AGREEMENT AND PART OF THE CONSIDERATION GIVEN THEREFOR. COMPANY FURTHER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY BROUGHT TO COMPANY'S ATTENTION AND THAT COMPANY HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER. THE PARTIES AGREE TH, MERCHANTABILITY, FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT CHEVRON AT THEIR AFFILIATES WILL BE CONSIDERED AS THE SELLER HEREUNDER AND FITNESS FOR COMPAI EXPRESSLY WAIVES ALL RIGHTS OF SUBROGATION IN WARRANTY OF THE SELLER AGAIN OTHER PERSONS GRANTED TO A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BUYER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWLOUISIANA CIVIL CODE ARTICLE 2503. LIFERAY DOES NOT WARRANT COMPANY ACKNOWLEDGES THAT (Ii) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IT IS A SOPHISTICATED INVESTOR AND OPERATOR IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE OIL AND GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE ITS PARTICIPATION THIS AGREEMENT IS A HGHLY RISKY UNDERTAKING AND THAT COMPANY MIGHT NOT RECOVER ANY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ITS INVESTMENT MADE HEREUNDER.

Appears in 2 contracts

Samples: Exploration Participation Agreement (Ridgewood Energy P Fund LLC), Exploration Participation Agreement (Ridgewood Energy U Fund LLC)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

Appears in 2 contracts

Samples: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY L3HGSI, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,the disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Samples: Master Terms, Master Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY NV5GS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT EXCEPT FOR SELLER’S SPECIAL WARRANTY OF TITLE AND AS OTHERWISE SET FORTH IN THIS AGREEMENT OR IN THE CONVEYANCES, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE BASE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Pedevco Corp)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 2 contracts

Samples: www.cisco.com, www.cisco.com

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFOR-MATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY PRACTICE, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,JURISDICTION.

Appears in 2 contracts

Samples: Telehealth Consent Agreement, Telehealth Consent Agreement

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DISCLAIMER OF WARRANTY. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH IN SECTION 5, THE SOFTWARE IS LICENSED PRODUCTS ARE PROVIDED AND LICENSED "AS TO LICENSEE “AS-IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, EITHER EXPRESSED THAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED EXPRESSLY DISCLAIMED BY LAWLICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. LIFERAY DOES NOT WARRANT LICENSEE ACKNOWLEDGES THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY LICENSEE IS RESPONSIBLE FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND/OR USE OF, AND RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFROM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,LICENSED SOFTWARE.

Appears in 2 contracts

Samples: Enterprise Open End User License Agreement, Enterprise Open End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1, THE LICENSED PRODUCT IS LICENSED ON AN “AS IS” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT, THE SOFTWARE IS PROVIDED OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND LICENSED "AS IS" SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR IMPLIED (AND WHETHER IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWUSE OF TRADE. LIFERAY SwRI DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OR OTHER USE OF THE SOFTWARE LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR FREEFREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUPPORT FOR THE LICENSED PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (IIIINCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE NPSS LICENSORS HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING SwRI AND THE GENERALITY NPSS LICENSORS SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTE AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF POLLUTANTS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN CERTAIN ACCESS TO THE GENERALITY ASSETS TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS AND ANY HARDWARE ARE PROVIDED AND LICENSED "BY RED HAT “AS IS" ” AND WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIEDINCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLETITLE IN ANY OPEN SOURCE SOFTWARE PROVIDED BY RED HAT TO CLIENT HEREUNDER), NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY RED HAT DOES NOT GUARANTEE OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED OR ERROR FREEUNINTERRUPTED, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REQUIREMENTS, BE ERROR FREE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not 10.2 Dichiarazione relativa alla garanzia. XXXXX XXXXXX CONSENTITA DALLA XXXXX APPLICABILE E FATTA SALVA LA DISPOSIZIONE DI CUI ALL'ART. 10.1 ED EVENTUALI GARANZIE FORNITE DA UN VENDITORE TERZO DIRETTAMENTE AD UN CLIENTE IN FORZA DI UN CONTRATTO SEPARATO, I SERVIZI, IL SOFTWARE E QUALUNQUE HARDWARE SONO FORNITI DA RED HAT "COSI' COME SONO" E SENZA ALCUNA GARANZIA O CONDIZIONE DI QUALSIASI TIPO, IVI INCLUSE LE GARANZIE IMPLICITE DI COMMERCIABILITA', TITOLARITA' (IVI INCLUSA, SENZA ALCUNA LIMITAZIONE, QUALUNQUE GARANZIA IMPLICITA DI TITOLARITA' SU QUALUNQUE SOFTWARE OPEN SOURCE FORNITO DA RED HAT AL CLIENTE IN FORZA DEL PRESENTE ACCORDO), ASSENZA DI VIOLAZIONI DI DIRITTI DI PRIVATIVA, E IDONEITA' PER UNO SCOPO PARTICOLARE. RED HAT NON GARANTISCE CHE L'UTILIZZO DEI SERVIZI, DEL SOFTWARE O DELL'HARDWARE XXXX' SENZA INTERRUZIONI, CONFORME A REQUISITI REGOLAMENTARI, PRIVO DI ERRORI O CHE RED HAT CORREGGERA' TUTTI GLI ERRORI DI SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERIL RIMEDIO ESCLUSIVO PER IL CLIENTE, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDE L'UNICA RESPONSABILITA' DI RED HAT, MANUFACTURED OR INTENDED FOR USE IN CASO DI INADEMPIMENTO DELLE GARANZIE PREVISTE DALL'ART. 10.1, XXXX' LA NUOVA ESECUZIONE DEI SERVIZI NON REGOLARMENTE ESEGUITI O, SE RED HAT NON POTRA' CORREGGERE SOSTANZIALMENTE UN INADEMPIMENTO CON MODALITA' COMMERCIALMENTE RAGIONEVOLI, IL CLIENTE POTRA' RISOLVERE I SERVIZI RELATIVI E RICEVERE UN RIMBORSO PRO RATA DEGLI IMPORTI VERSATI PER I SERVIZI NON REGOLARMENTE ESEGUITI A PARTIRE DALLA DATA EFFETTIVA DELLA RISOLUZIONE. Senza limitare l'ambito della dichiarazione che precede, il Software, i specifically designed, manufactured or intended for use in (1a) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEthe planning, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGconstruction, CONSTRUCTIONmaintenance, MAINTENANCEcontrol, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESor direct operation of nuclear facilities, (Bb) AIRCRAFT NAVIGATIONaircraft navigation, CONTROL OR COMMUNICATION SYSTEMScontrol or communication systems, WEAPONS SYSTEMS,weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services. Servizi e qualsiasi hardware forniti non sono specificamente progettati, prodotti o destinati ad essere utilizzati (a) nella progettazione, costruzione, manutenzione, controllo od operatività diretta di impianti nucleari, (b) nella navigazione aerea, in sistemi di controllo o comunicazione, in sistemi xx xxxxxxxxx, o (c) per sistemi medici di supporto diretto per il mantenimento in vita dei pazienti. Il Cliente riconosce di essere l'unico soggetto responsabile dei risultati ottenuti dall'utilizzo del Software e dei Servizi.

Appears in 1 contract

Samples: Enterprise Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ON SOFTWARE IS PROVIDED AND LICENSED You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWARE, EXPRESS, AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, BUT WITHOUT WARRANTY LIMITING THE FOREGOING, YAMAHA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION OF LIABILITY YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY KIND, EITHER EXPRESSED OR IMPLIEDOTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, EVEN IF YAMAHA OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Yamaha's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE Third party software and data ("THIRD PARTY SOFTWARE") may be attached to the SOFTWARE. If, in the written materials or the electronic data accompanying the Software, Yamaha identifies any software and data as THIRD PARTY SOFTWARE, you acknowledge and agree that you must abide by the provisions of any Agreement provided with the THIRD PARTY SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE as to the THIRD PARTY SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,Yamaha shall not provide you with any service or

Appears in 1 contract

Samples: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (II) ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND 6. Zusicherungen und Gewährleistungen 6.1 Eingeschränkte Gewährleistung Liferay erklärt und gewährleistet, dass: (i) die Dienstleistungen professionell und fachmännisch von qualifiziertem Personal erbracht werden, (ii) Liferay zum Abschluss des vorliegenden Vertrags mit dem Kunden bevollmächtigt ist, (iii) nach Kenntnis von Liferay die Dienstleistungen zum Zeitpunkt der Lieferung an den Kunden keinen schädlichen Code enthalten, mit dem Beeinträchtigung des Betriebs, der Sicherheit oder der Integrität eines Systems bezweckt wird. Im Gewährleistungsfall gemäß dieser Ziff. 6.1 besteht der Anspruch des Kunden ausschließlich in der erneuten Erbringung mangelhafter Dienstleistungen und die Haftung von Liferay und seinen Verbundunternehmen ist in dem größtmöglichen durch das geltende Recht erlaubten Umfang darauf beschränkt. Soweit es Liferay nicht gelingt, ein Problem, das einen Gewährleistungsfall gemäß dieser Ziff. darstellt, in wirtschaftlich angemessener Xxxxx grundsätzlich zu beseitigen, so kann der Xxxxx die betroffenen Dienstleistungen kündigen und erhält in diesem Fall eine anteilige Rückerstattung der für den Zeitraum nach dem Wirksamwerden der Kündigung für die mangelhaften Dienstleistungen entrichteten Gebühren. 6.2 Ausschluss der Gewährleistung VORBEHALTLICH DER ZIFF. 6.1 UND IM GRÖSSTMÖGLICHEN DURCH DAS GELTENDE RECHT ERLAUBTEN UMFANG WERDEN DIE VON LIFERAY UND SEINEN VERBUNDUNTERNEHMEN ZUR VERFÜGUNG GESTELLTEN DIENSTLEISTUNGEN (EIN- SCHLIESSLICH SÄMTLICHER SOFTWARE) „AS IS“ OHNE JEGLICHE GEWÄHRLEISTUNG, WEDER AUSDRÜCKLICH NOCH STILLSCHWEIGEND, EINSCHLIESSLICH ABER NICHT BESCHRÄNKT AUF DIE GEWÄHRLEISTUNG DER VERKEHRSFÄHIGKEIT, DER SACH- ODER RECHTSMÄNGEL- FREIHEIT (EINSCHLIESSLICH DER GEWÄHRLESITUNG DER NICHTVERLETZUNG VON SCHUTZRECHTEN DRITTER), UND EIGNUNG FÜR EINEN BESTIMMTEN XXXXX ANGEBOTEN. SOLCHE STILLSCHWEIGENDEN GEWÄHRLEISTUNGEN SOWIE ALLE ANDEREN STILLSCHWEIGENDEN ODER AUSDRÜCKLICHEN GEWÄHNRLEISTUNGEN, GARANTIEN, ZUSICHERUNGEN, BEDINGUNGEN UND BESTIMMUNGEN (GLEICH, OB SIE AUF GESETZ, COMMON LAW, ÜBLICHEM GESCHÄFTSVERKEHR, HANDELSBRAUCH ODER AUF EINER ANDEREN GRUNDLAGE BERUHEN) SIND HIERBEI IM GRÖSSTMÖGLICHEN DURCH DAS GELTENDE RECHT ERLAUBTEN UMFANG AUSGESCHLOSSEN. LIFERAY UND SEINE VERBUNDUNTERNEHMEN XXXXXXX KEINE GEWÄHR, DASS DIE DIENSTLEISTUNGEN ODER IM RAHMEN DIESES VERTRAGES ZUR VERFÜGUNG GESTELLTE SOFTWARE ENTSPRECHEND DEN SPEZIFISCHEN GESCHÄFTSANFORDERUNGEN DES KUNDEN ENTWICKELT WURDEN. WEITERHIN WIRD NICHT GEWÄHRLEISTET, DASS ALLE SOFTWARE-FEHLER VON LIFERAY BEHOBEN WERDEN ODER DASS DIE NUTZUNG DER DIENSTLEISTUNGEN ODER DER SOFTWARE OHNE UNTERBRECHUNGEN UND FEHLERFREI ERFOLGEN UND DEN FÜR DEN KUNDEN GELTENDEN RECHTLICHEN ODER REGULATORISCHEN ANFORDERUNGEN ENTSPRECHEN WIRD. DER XXXXX ERKENNT AN, DASS ER DIE ALLEINIGE VERANTWORTUNG FÜR DIE ERGEBNISSE DER NUTZUNG DER DIENSTLEISTUNGEN ODER DER IM RAHMEN DIESES VERTRAGES ZUR VERFÜGUNG GESTELLTEN SOFTWARE TRÄGT. OHNE DIE ALLGEMEINGÜLTIGKEIT DER VORSTEHENDEN ERKLÄRUNG EINZUSCHRÄNKEN GILT, DASS DIE DIENSTLEISTUNGEN UND JEDWEDE UNTER DIESEM VERTRAG ZUR VERFÜGUNG GESTELLTE SOFTWARE NICHT FÜR DIE NUTZUNG IN (I) ANLAGEN ODER UMGEBUNGEN, DIE AUSFALLSICHEREN BETRIEB ERFORDERN, KONZIPIERT, HERGESTELLT ODER BEABSICHTIGT WURDEN (DARUNTER FALLEN UNTER ANDEREM, ABER NICHT AUSSCHLIESSLICH (A) PLANUNG, BAU, WARTUNG, STEUERUNG ODER DIREKTER BETRIEB VON ATOMANLAGEN, (B) LUFTFAHRTNAVIGATION, STEUERUNGS- ODER KOMMUNIKATIONSSYSTEME,

Appears in 1 contract

Samples: Please Read

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE BASE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, THE RESULTS OBTAINED FROM PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE USE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT IT HAS BEEN GIVEN THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Halcon Resources Corp)

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF THE API AND/OR THE TEXTWISE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS API AND/OR THE TEXTWISE SERVICES ARE PROVIDED “AS-IS,” WITH ANY AND LICENSED "AS IS" ALL FAULTS AND WITHOUT WARRANTY ANY EXPRESS, OR IMPLIED WARRANTIES OF ANY KIND. PROLANCER DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, OR OTHERWISE WITH RESPECT TO THE API AND/OR THE SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIESTITLE, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWQUIET ENJOYMENT. LIFERAY PROLANCER DOES NOT WARRANT THAT (I) THE SOFTWARE API AND/OR THE SERVICES IS ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. PROLANCER DOES NOT WARRANT THAT THE API AND/OR THE SERVICES WILL WORK ON YOUR HARDWARE, WITH YOUR OPERATING SYSTEM, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR COMPUTER. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE LICENSED MATERIAL, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (II90) DAYS FROM THE DATE OF ORIGINAL DOWNLOAD OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED API AND/OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SERVICES.

Appears in 1 contract

Samples: Api License Agreement

DISCLAIMER OF WARRANTY. EDIFECS PROVIDES THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." CUSTOMER BEARS THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE SERVICE, AND EFFORT. EDIFECS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAXIMUM SERVICES OR SUPPORT SERVICES (IF ANY). EXCEPT TO THE EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED EDIFECS DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR EXPRESS, STATUTORY AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS OR WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS (B) REPRESENTATIONS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING THROUGH COURSE OF DEALINGDEALING OR USAGE OF TRADE, TRADE USAGE AND (C) REPRESENTATIONS OR OTHERWISE) ARE HEREBY EXCLUDED WARRANTIES THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OR USE OF THE SOFTWARE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU SECURE, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCESERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING YOUR DATA. NO ORAL OR WRITTEN STATEMENT MADE TO YOU IN THE CONTEXT OF PROVIDING THE SERVICES OR SUPPORT SERVICES (AIF ANY) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SHALL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY DISCLAIMED IN THIS AGREEMENT.

Appears in 1 contract

Samples: The Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 1 contract

Samples: static.nortoncdn.com

DISCLAIMER OF WARRANTY. 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING THAT THE SOFTWARE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUCHBASE, ANY OF ITS AFFILIATES OR LICENSORS (COLLECTIVELY, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND“COUCHBASE PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO TRADE. THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES COUCHBASE PARTIES DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED MANUFACTURED, OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEFAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SIGNIFICANT PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 7.1 — 7.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETHESERVICES OR THEADVICE, CONSULTING OR PROFESSIONALSERVICEPROVIDED TO CLIENTGUARANTEESLEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 1 contract

Samples: Smarsh Service Agreement

DISCLAIMER OF WARRANTY. THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 12 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY XXXXXXXXX IN CONNECTION WITH THE XXXXXXXXX SOFTWARE, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE XXXXXXXXX SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTIES IN SECTION 12 OF THIS AGREEMENT, XXXXXXXXX DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE XXXXXXXXX SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDOR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, MERCHANTABLE QUALITY, DATA PROTECTION AND BACKUP, DATA ACCURACY, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. XXXXXXXXX PROVIDES NO WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, REPRESENTATIONS OR CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE XXXXXXXXX SOFTWARE WILL MEET YOUR REQUIREMENTSOPERATE ERROR FREE OR FREE FROM INTERRUPTION, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED VIRUSES OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHER HARMFUL COMPUTER CODE.

Appears in 1 contract

Samples: User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1, THE LICENSED PRODUCT IS LICENSED ON AN “AS IS” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHRESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT, THE SOFTWARE IS PROVIDED OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND LICENSED "AS IS" SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR IMPLIED (AND WHETHER IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWUSE OF TRADE. LIFERAY SwRI DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OR OTHER USE OF THE SOFTWARE OFTHE LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR FREEFREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUPPORT FOR THE LICENSED PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (IIIINCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE NPSS LICENSORS HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING SwRI AND THE GENERALITY NPSS LICENSORS SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTE AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions

DISCLAIMER OF WARRANTY. (a) THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 11 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY DOLPHIN IN CONNECTION WITH THE DOLPHIN SOFTWARE AND CUSTOMER DATA, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE DOLPHIN SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE SOFTWARE IS PROVIDED EXPRESS WARRANTIES IN SECTION 11 OF THIS AGREEMENT, DOLPHIN DISCLAIMS ANY AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDALL WARRANTIES, EITHER EXPRESSED REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE DOLPHIN SOFTWARE, CUSTOMER DATA OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITYTITLE, MERCHANTABILITY, TITLEMERCHANTABLE QUALITY, DATA PROTECTION AND BACKUP, DATA ACCURACY, NON- INFRINGEMENT, NON-INFRINGEMENT INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. DOLPHIN PROVIDES NO WARRANTIES, ANY REPRESENTATIONS OR CONDITIONS THAT THE DOLPHIN SOFTWARE WILL OPERATE ERROR FREE OR FREE FROM INTERRUPTION, VIRUSES OR OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWHARMFUL COMPUTER CODE. LIFERAY DOLPHIN DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) FUNCTIONS PERFORMED BY THE USE OF THE DOLPHIN SOFTWARE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE DOLPHIN SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY BE CORRECTED. THE DOLPHIN SOFTWARE ARE PROVIDED ON AN “AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,IS” AND “AS AVAILABLE” BASIS.

Appears in 1 contract

Samples: Dolphin Software End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "You expressly acknowledge and agree that the use of the Software is at your own risk. The Software is provided “AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT ” and without warranty of any kind. NUREVA AND FITNESS FOR A PARTICULAR PURPOSE, ITS LICENSORS EXPRESSLY DISCLAIM AND SUCH IMPLIED MAKE NO WARRANTIES, ANY OTHER WARRANTIESCONDITIONS, REPRESENTATIONS, CONDITIONS AND REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED (AND IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE CUSTOM OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED OTHERWISE AS TO THE FULLEST EXTENT PERMITTED BY LAWSOFT- XXXX OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIFERAY DOES NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT (I) THE FUNCTIONS PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE FROM ERRORS OR DEFECTS, EFFECTIVE OR CORRECT. FURTHERMORE, NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED IN TERMS OF ITS FREEDOM FROM ERROR OF DEFECT, EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR ERROR FREEOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUREVA OR ITS LICENSORS OR THEIR AUTHORIZED OR PURPORTED REPRESENTATIVES SHALL CREATE A WARRANTY. Nureva and its Licensors do not warrant that any device, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,software or data will not be damaged by the Software.

Appears in 1 contract

Samples: Firmware License Agreement

DISCLAIMER OF WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE — STATE TEL ON-LINE / FASTTRAK DSLAND THIRD PARTIES WHO CONTRIBUTE TO THE MAXIMUM SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL STATE TEL ON-LINE / FASTTRAK DSL LIABILITY OR THE LIABILITY OF THIRD-PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED LIABILITY (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY AMOUNT OF ANY KINDDIRECT DAMAGES TO THE PROPERTY OR PERSON, EITHER EXPRESSED OR IMPLIED(2) FOR ALL OTHER CLAIMS, INCLUDING, BUT NOT LIMITED TOACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, THE AMOUNT YOU PAID US FOR OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. STATE TEL ON-LINE / FASTTRAK DSLAND THIRD-PARTIES WHO CONTRIBUTE TO STATE TEL ON-LINE / FASTTRAK DSL SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTY WARRANTIES (INCLUDING WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT NONINFRINGEMENT, AND IMPLIED WARRANTIES OF‌ MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES), REPRESENTATIONS, CONDITIONS AND TERMSOR ENDORSEMENTS REGARDING STATE TEL ON-LINE / FASTTRAK DSL SERVICE OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTETHE SERVICE IS PROVIDED ON AN “AS IS, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AS AVAILABLE” BASIS — WE DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE IT WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) THE SOFTWARE OR THAT DEFECTS IN SERVICE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. 2, Indemnification. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TO DEFEND, INDEMNIFY AND HOLD HARMLESS INOC, ITS EMPLOYEES AND THIRD-PARTIES WHO CONTRIBUTE TO THE RESULTS OBTAINED SERVICE FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERANY LOSS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLDAMAGE, OR DIRECT OPERATION COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF NUCLEAR FACILITIESLAW OR THE TERMS OF THIS AGREEMENT, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ANY ACTIVITY RELATED TO YOUR ACCOUNT.‌ V. Eligibility‌

Appears in 1 contract

Samples: www.statetel.com

DISCLAIMER OF WARRANTY. TO THE MAXIMUM FULLEST EXTENT PERMITTED POSSIBLE BY APPLICABLE LAW, GRADUATELAND DOES NOT WARRANT THAT ANY GRADUATELAND SITE OR ANY GRADUATELAND SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GRADUATELAND SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GRADUATELAND SITE OR THE SOFTWARE GRADUATELAND CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GRADUATELAND IS NOT RESPONSIBLE FOR THOSE COSTS. THE GRADUATELAND SITES AND GRADUATELAND CONTENT ARE PROVIDED AND LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND. GRADUATELAND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIFERAY DOES NOT WARRANT THAT (I) GRADUATELAND MAKES NO WARRANTIES ABOUT THE SOFTWARE WILL MEET YOUR REQUIREMENTSACCURACY, (II) THE USE RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEGRADUATELAND CONTENT, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONSERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREIn the case that a job posting at some point is not online, when it was initially supposed to be, the duration of the job posting can be prolonged. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,Money will not be paid back to the customer.

Appears in 1 contract

Samples: www.utnarm.se

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SOFTWARE TH SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE THESERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. WITHOUT LIMITING ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE GENERALITY USE OF THE FOREGOING DISCLAIMER, SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,WARRANT THIRD PARTY PRODUCTS.

Appears in 1 contract

Samples: Nortonlive Services Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 8.1 — 8.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,PROPERTY DAMAGE.

Appears in 1 contract

Samples: Smarsh Services Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY ZONE DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY ZONE IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY BILLING ERRORS OR OTHER MATHEMATICAL ERRORS THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZONE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. ZONE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED OBLIGATED TO (A) PROVIDE ANY UPDATES TO THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE IS PROVIDED LICENSE TERMS AND LICENSED "AS IS" WITHOUT WARRANTY THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE SERVICES. NOTHING IN (1) FACILITIES THIS SECTION 6.5 LIMITS OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,OTHERWISE MODIFIES NON-EXCLUDABLE RIGHTS CUSTOMER MAY HAVE UNDER APPLICABLE LAWS.

Appears in 1 contract

Samples: Master Terms

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY VIS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Software License Purchase Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "AS IS" ”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KINDKIND FROM SAMSUNG, EITHER EXPRESSED EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGSAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR GUARANTEES OR OTHER TERMS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED OR STATUTORY, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TOTO MERCHANTABILITY, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE WARRANTY OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED ANY SORT FROM THE USE OF THE SOFTWARESAMSUNG. WITHOUT LIMITING THE GENERALITY PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED SERVICE WILL BE SATISFACTORY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLYOU, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THAT ERRORS WILL BE CORRECTED.

Appears in 1 contract

Samples: Samsung Wallet Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE SOFTWARE AND SERVICES ARE AT ITS SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. THE SERVICE SOFTWARE IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, THE SOFTWARE IS EXCEPT AS OTHERWISE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDHEREIN, EITHER EXPRESSED OR UNITE US EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SERVICE SOFTWARE (INCLUDING ALL THIRD PARTY AND OPEN-SOURCE COMPONENTS), THE DOCUMENTATION AND PROJECT MATERIALS, INCLUDING ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETRADE PRACTICE. WITHOUT LIMITING THE GENERALITY FOREGOING, UNITE US PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE FOREGOING DISCLAIMERLICENSED SOFTWARE OR SUPPORT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDACHIEVE ANY INTENDED RESULTS, MANUFACTURED BE COMPATIBLE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEWORK WITH ANY OTHER SOFTWARE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGAPPLICATIONS, CONSTRUCTION, MAINTENANCE, CONTROLSYSTEMS, OR DIRECT OPERATION OF NUCLEAR FACILITIESSERVICES, (B) AIRCRAFT NAVIGATIONOPERATE WITHOUT INTERRUPTION, CONTROL MEET ANY PERFORMANCE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,RELIABILITY STANDARDS OR BE ERROR FREE.

Appears in 1 contract

Samples: Master Cloud Services and Network Management Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE MAXIMUM EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF INTERNET BANKING, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF INTERNET BANKING IS AT YOUR SOLE RISK AND THAT INTERNET BANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS", "WHERE-IS", AND "WHERE AVAILABLE" BASIS; AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT INTERNET BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND LICENSED "AS IS" WITHOUT WARRANTY CONDITIONS OF ANY KINDKIND (EXPRESS, EITHER EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO INTERNET BANKING AND ALL INFORMATION, ANY PRODUCTS AND OTHER WARRANTIESCONTENT (INCLUDING THIRD PARTY INFORMATION, REPRESENTATIONS, CONDITIONS PRODUCTS AND TERMS, EXPRESS CONTENT) INCLUDED IN OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO ACCESSIBLE FROM THE FULLEST EXTENT PERMITTED BY LAWSITES. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE NO LICENSE TO YOU OR APPEAR PRECISELY AS DESCRIBED IS IMPLIED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THESE DISCLAIMERS.

Appears in 1 contract

Samples: Disclosure and Agreement

DISCLAIMER OF WARRANTY. CONTINUUM DOES NOT WARRANT THAT CONTINUUM RECOVER WILL MEET MSP’S OR END-CLIENTS’ REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED IN THESE ADDITIONAL TERMS, CONTINUUM RECOVER IS PROVIDED AND LICENSED “AS IS” AND WITH ALL FAULTS. EXCEPT AS STATED IN THESE ADDITIONAL TERMS, THERE ARE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, OR OTHERWISE, REGARDING CONTINUUM RECOVER OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE ADDITIONAL TERMS. UNLESS OTHERWISE STATED IN THESE ADDITIONAL TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED CONTINUUM AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDITS AUTHORIZED REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED INCLUDING WITHOUT LIMITATION ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO, THE IMPLIED WARRANTY OF QUALITY, : MERCHANTABILITY, TITLEDURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, AND SUCH IMPLIED WARRANTIESLACK OF NEGLIGENCE. ALSO, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND EXCEPT AS OTHERWISE STATED IN THESE ADDITIONAL TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO WARRANTY, DUTY, OR CONDITION OF TITLE OR CORRESPONDENCE TO DESCRIPTION. LIFERAY DOES NOT WARRANT THAT (I) THIS IS AN ARM’S LENGTH TRANSACTION AND MSP HAS ENGAGED IN APPROPRIATE DUE DILIGENCE CONCERNING BOTH CONTINUUM AND THE SOFTWARE WILL MEET YOUR REQUIREMENTSLICENSED MATERIAL. CONSEQUENTLY, (II) UNLESS THIS AGREEMENT EXPRESSLY PROVIDES OTHERWISE, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF CONTINUUM RECOVER REMAINS WITH MSP. NO AGREEMENTS VARYING OR EXTENDING THE SOFTWARE FOREGOING WARRANTIES OR LIMITATIONS WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED BINDING ON EITHER PARTY UNLESS IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BOTH PARTIES.

Appears in 1 contract

Samples: Please Read Carefully These Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN THIS SECTION 5, THE SOFTWARE IS SERVICES (INCLUDING THE LOCATION INFORMATION) ARE PROVIDED AND LICENSED ON AN "AS IS" WITHOUT WARRANTY OF ANY KINDBASIS AND ALL WARRANTIES, EITHER EXPRESSED CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICES, AND ALL COMPONENTS THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW, CUSTOM, OR PRIOR ORAL OR WRITTEN STATEMENTS MADE BY ACCUWARE, ITS REPRESENTATIVES, THIRD PARTIES, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE LOSS OF DEALING, TRADE USAGE OR OTHERWISE) DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY THE ACCUWARE PLATFORM AND ALL LOCATION INFORMATION MADE AVAILABLE THEREIN ARE FOR CUSTOMER'S INFORMATIONAL PURPOSES ONLY. CUSTOMER'S USE OF ANY LOCATION INFORMATION IS SOLELY AT CUSTOMER'S OWN RISK. ACCUWARE DOES NOT WARRANT THAT (I) THE SOFTWARE SERVICES RECEIVED VIA THE ACCUWARE PLATFORM WILL MEET YOUR REQUIREMENTSOPERATE UNINTERRUPTED OR BE ERROR-FREE, (II) OR THAT ALL DEFECTS WILL BE CORRECTED. ACCUWARE MAKES NO WARRANTY CONCERNING TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, RELIABILITY OR COMPLETENESS OF ANY LOCATION INFORMATION OBTAINED OR DERIVED THROUGH THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,ACCUWARE PLATFORM.

Appears in 1 contract

Samples: Master Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN THE CERTIFICATES TO BE DELIVERED AT CLOSING PURSUANT TO SECTION 10.5.1 OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF LIMITING BUYER’S RIGHTS PURSUANT TO THIS AGREEMENT, SELLERS EXPRESSLY DISCLAIM AND NEGATE ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEASSETS AND ANY PERSONAL PROPERTY, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY ASSETS INCLUDING (i) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE FOREGOING DISCLAIMERPURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDRELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, MANUFACTURED WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLASBESTOS, OR DIRECT OPERATION PROTECTION OF NUCLEAR FACILITIESTHE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLERS THAT, (B) AIRCRAFT NAVIGATIONEXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,THE CERTIFICATES TO BE DELIVERED AT CLOSING PURSUANT TO

Appears in 1 contract

Samples: Purchase and Sale Agreement (Three Rivers Operating Co Inc.)

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED ---------------------- IN SECTION 9 ABOVE: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED BLACKBOARD AND LICENSED "AS IS" WITHOUT WARRANTY ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION AND/OR DATA ACCURACY, TOGETHER FOR THOSE DEVELOPERS DOWNLOADING THE SOFTWARE WITHIN THE UNITED STATES, ANY OTHER WARRANTIESWARRANTIES OF NON-INFRINGEMENT, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS MERCHANTABILITY OR IMPLIED QUIET ENJOYMENT; (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISEB) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT (I) THE FUNCTIONS OR INFORMATION CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTSANY REQUIREMENTS OR NEEDS DEVELOPER OR ITS CUSTOMERS MAY HAVE, (II) OR THAT THE USE OF SOFTWARE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE UNINTERRUPTED CORRECTED, OR ERROR FREE, (III) THAT THE SOFTWARE WILL COMPLY IS COMPATIBLE WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU ANY PARTICULAR COMPUTER SYSTEM OR APPEAR PRECISELY AS DESCRIBED SOFTWARE; AND (C) BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR OF ACCURACY OF THE CONTENT CONTAINED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF OR ACCESSED THROUGH THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,10.2

Appears in 1 contract

Samples: License Agreement (Sequiam Corp)

DISCLAIMER OF WARRANTY. The SOFTWARE is provided "AS IS" AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDPAX TECHNOLOGY FURTHER DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR BY ESTOPPEL, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND SUCH IMPLIED WARRANTIESLACK OF NEGLIGENCE. ALSO, ANY OTHER WARRANTIESTHERE IS NO WARRANTY TO TITLE, REPRESENTATIONSQUIET ENJOYMENT, CONDITIONS QUIET POSSESSION, AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NON-INFRINGEMENT WITH REGARD TO THE FULLEST EXTENT PERMITTED BY LAWSOFTWARE. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE WILL BE UNINTERRUPTED AND DOCUMENTATION REMAINS WITH LICENSEE. NO ACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE COMMUNICATION BY PAX TECHNOLOGY OR ITS SUPPLIER(S)IN RELATION TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING , EVEN IF PRESENTED IN A FORM OF PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR POST THE GENERALITY DATE OF THE FOREGOING THIS XXXX, SHALL BE INTERPRETED AS AN ANNULMENT, IMPAIRMENT OR MODIFICATION TO THIS DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,.

Appears in 1 contract

Samples: End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWThe limited warranties in this Section 6 are made to Licensee exclusively and are in lieu of all other warranties. VENDOR MAKES NO OTHER WARRANTIES WHATSOEVER, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDEXPRESS, EITHER EXPRESSED OR IMPLIED, INCLUDINGWITH REGARD TO THE COMPONENT SYSTEMS, BUT NOT LIMITED TOIN WHOLE OR IN PART, THE IMPLIED WARRANTY OR ANY OTHER MATTER UNDER THIS AGREEMENT. VENDOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY VENDOR EXPRESSLY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSCOMPONENT SYSTEMS, (II) THE USE OF THE SOFTWARE IN WHOLE OR IN PART, WILL BE UNINTERRUPTED OR ERROR FREE, (III) WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION OTHER THAN THE SOFTWARE EQUIPMENT, OR WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY MEET LICENSEE’S PERFORMANCE, SUCH AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,, IN WHICH THE FAILURE OF THE COMPONENT SYSTEMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). ACCORDINGLY, VENDOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT VENDOR SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF THE COMPONENT SYSTEMS IN SUCH APPLICATIONS.

Appears in 1 contract

Samples: License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS DEPLOYMENT PRODUCTS ARE PROVIDED AND LICENSED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TPI DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, THE WARRANTY AGAINST LATENT DEFECTS; ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WARRANTY AGAINST INFRINGEMENT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TPI MAKES NO WARRANTY: (A) WITH RESPECT TO THE PLANNINGCHARACTERISTICS OF EXECUTION OF THE DEPLOYMENT PRODUCTS (INCLUDING RESPONSE TIME, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION CHARACTERISTICS OF NUCLEAR FACILITIES, USE OF MACHINE TIME AND OTHER OPERATING FUNCTIONS WITH ANY PARTICULAR EQUIPMENT); (B) AIRCRAFT NAVIGATIONTHAT THE FUNCTIONS CONTAINED IN THE DEPLOYMENT PRODUCTS WILL -------------------------------------------------------------------------------- TRANSFORMATION PROCESSING INC. DATE DEPLOYMENT PRODUCT LICENSE AGREEMENT SATISFY THE NEEDS OF THE USER; (C) THAT THE OPERATION OF THE DEPLOYMENT PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED; OR (D) THAT DEFECTS AND PROGRAMMING ERRORS IN THE DEPLOYMENT PRODUCTS WILL BE DETECTED OR CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TPI OR A TPI REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SO THE ABOVE EXCLUSION MAY NOT APPLY.

Appears in 1 contract

Samples: Product License Agreement (Transformation Processing Inc)

DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO PREMIUM INTERNET SERVICES, AND USES THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER'S EQUIPMENT AND CUSTOMER'S NETWORK. NORTHLAND EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICES AND NORTHLAND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, THE SOFTWARE IS SERVICES, PRODUCTS, CUSTOMER PURCHASED DEVICES, AND ANY NORTHLAND MATERIALS ARE PROVIDED AND LICENSED "AS IS, WITH ALL FAULTS," WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NORTHLAND, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. XXXXXXXXX DOES NOT REPRESENT OR WARRANT THAT SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, FREE FROM VIRUSES OR MALICIOUS CODE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS, NORTHLAND DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY NORTHLAND WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR ANY END USER'S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER'S OR ANY END USER'S USE OF SERVICES, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT XXXXXXXXX'S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THESE TERMS AND CONDITIONS, AND NORTHLAND DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITYMERCHANTABILITY, MERCHANTABILITYNON-INFRINGEMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. NORTHLAND CANNOT GUARANTEE THAT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCECUSTOMER, INCLUDING BUT PREMIUM INTERNET CUSTOMERS UTILIZING NORTHLAND’S DDOS SERVICE, WILL NOT LIMITED TO (A) BE A VICTIM OF A CYBER- ATTACK, AND CUSTOMER ASSUMES SUCH RISK WHEN USING THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SERVICES.

Appears in 1 contract

Samples: www.northland.net

DISCLAIMER OF WARRANTY. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 2 AND 13.6 OF THE AGREEMENT, S+N PROVIDES ACCESS TO THE MAXIMUM PLATFORM AND DATA THEREIN AND PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 2 AND 13.6 OF THE AGREEMENT, S+N EXPRESSLY DISCLAIMS AND CUSTOMER AND ITS AFFILIATES AND THEIR SUBCONTRACTORS, LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, PATIENTS, AUTHORIZED USERS, AND ASSIGNS (COLLECTIVELY, CUSTOMER GROUP) WAIVE ALL EXPRESS AND IMPLIED WARRANTIES UNDER THE AGREEMENT TO THE FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" INCLUDING WITHOUT WARRANTY LIMITATION ALL WARRANTIES OF ANY KINDNON-INFRINGEMENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESALL WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM THE PLATFORM, ANY OTHER WARRANTIESTHIRD-PARTY SOFTWARE, REPRESENTATIONSOR DATA, CONDITIONS AND TERMSINFORMATION, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWRESULTS DERIVED THEREFROM. LIFERAY S+N DOES NOT WARRANT THAT (I) ACCESS TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE DATA OR PLATFORM WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, VIRUS-FREE, WITHOUT DEFECTS, COMPLETE, USEFUL, OR ERROR-FREE. THE PARTIES UNDERSTAND THAT CUSTOMER MAY USE CERTAIN THIRD PARTY SOFTWARE (IIIINCLUDING WEB BROWSERS) OR HARDWARE IN CONNECTION WITH USING THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. PLATFORM, AND WITHOUT LIMITING THE GENERALITY IN THIS SECTION 9.1, S+N MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, INTEGRATION, OR SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE. THE ASSESSMENT OF THE FOREGOING DISCLAIMERQUALITY, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDCAPABILITIES, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE OPERATIONS, PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) AND SUITABILITY OF SUCH THIRD-PARTY SOFTWARE OR HARDWARE LIES SOLELY WITH CUSTOMER AND THE PLANNINGVENDOR OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, CONSTRUCTIONAS THE CASE MAY BE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY S+N, MAINTENANCE, CONTROLITS AGENTS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,EMPLOYEES SHALL CREATE A WARRANTY.

Appears in 1 contract

Samples: Intellio End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEVALUATOR acknowledges that the TEST SOFTWARE has not been completely tested and will contain defects or deficiencies which cannot or may not be corrected. EVALUATOR further acknowledges that use of the TEST SOFTWARE may involve the transmission, THE upload, download, translation or transfer of its data to a server or computer platform outside of EVALUATOR’s control, and some errors in the data may occur while transferring, transmitting or translating data while using the TEST SOFTWARE. Bentley cautions EVALUATOR to determine for itself the suitability of the use of the TEST SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDfor any purpose. Xxxxxxx further cautions EVALUATOR not to use the TEST SOFTWARE in a production environment. EVALUATOR acknowledges that Xxxxxxx has no express or implied obligation to announce or to introduce the TEST SOFTWARE or any similar or compatible product. EVALUATOR acknowledges that all use, EITHER EXPRESSED testing, research and development performed by it pursuant to this AGREEMENT are done entirely at its own risk. ACCORDINGLY, XXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE USE OR PERFORMANCE OF THE TEST SOFTWARE, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVALUATOR ACCEPTS THE TEST SOFTWARE IN “AS IS” CONDITION, AND SUCH IMPLIED WARRANTIESXXXXXXX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, ANY OTHER WARRANTIESFAILURE OF DELIVERY, REPRESENTATIONSCOSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE EVEN IF XXXXXXX HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE POSSIBILITY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,SUCH DAMAGES.

Appears in 1 contract

Samples: Evaluation User License Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER AND/OR ITS REPRESENTATIVES WILL HAVE BEEN GIVEN ALL ACCESS TO THE GENERALITY ASSETS THAT BUYER REASONABLY REQUIRES TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,CONVEYANCES.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. THE PARTIES ACKNOWLEDGE THAT THE COVID-19 TEST KITS TO BE USED IN CONNECTION WITH THIS AGREEMENT ARE FOR SCREENING PURPOSES ONLY AND MAY NOT IN ALL CASES PROVIDE A DEFINITIVE RESULT. AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE- POSITIVE AND FALSE-NEGATIVE RESULTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE COVID-19 TEST KITS PROVIDED UNDER THIS AGREEMENT MAY NOT BE EFFECTIVE FOR ANY MUTATIONS OF COVID-19. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 54 AND TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES AND PRODUCTS PROVIDED BY CONTRACTOR UNDER THIS AGREEMENT ARE PROVIDED STRICTLY “AS-IS,” “AS- AVAILABLE,” AND LICENSED "AS IS" WITHOUT WARRANTY “WITH ALL FAULTS,” AND CONTRACTOR MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY AS TO THE SERVICES, PRODUCTS, OR ANY OTHER MATTER WHATSOEVER. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, USE, OR A PARTICULAR OR BUSINESS RESULT, TITLE, NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THIS CONTRACT AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON APPLICABLE LAW, COURSE OF DEALING, TRADE USAGE CONTRACTOR MAKES NO WARRANTY THAT THE PRODUCTS OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SERVICES PROVIDED UNDER THIS AGREEMENT WILL: (I) MEET THE SOFTWARE WILL MEET YOUR REQUIREMENTS, STATE’S REQUIREMENTS OR INTENDED PURPOSES OR USES; (II) PREVENT THE USE SPREAD OR INCURRENCE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEANY ILLNESS, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLVIRUS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,BACTERIA;

Appears in 1 contract

Samples: Professional Services Contract

DISCLAIMER OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY CONTAINED HEREIN OR IN ANY OTHER DOCUMENT OR AGREEMENT BETWEEN THE PARTIES, THE SOFTWARE PRODUCT IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED WHERE IS, AND AGENCYZOOM MAKES NO WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY TO ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT OF THIRD PARTY RIGHTS, ANY OTHER WARRANTIESAVAILABILITY, REPRESENTATIONSSUITABILITY, CONDITIONS AND TERMS, EXPRESS ACCURACY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON COMPLIANCE WITH APPLICABLE LAW, COURSE OF DEALINGREGULATION, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY INDUSTRY CUSTOM OR STANDARD, AND AGENCYZOOM DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE ACCESS TO OR USE OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED . IN THE ACCOMPANYING DOCUMENTATIONEVENT OF ANY INTERRUPTION, AGENCYZOOM'S SOLE OBLIGATION SHALL BE TO MAKE COMMERCIALLY REASONABLE EFFORTS TO ATTEMPT TO RESTORE ACCESS TO THE PRODUCT OR, IN ITS SOLE DISCRETION, TERMINATE THE AGREEMENT IN WHOLE OR IN PART WITHOUT FURTHER OBLIGATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR HAVE NOT ENTERED INTO THIS AGREEMENT ON THE RESULTS OBTAINED FROM THE USE BASIS OF THE SOFTWAREANY REPRESENTATIONS OR PROMISES NOT EXPRESSLY CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY FORGOING, AGENCYZOOM MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO LIABILITY FOR (i) RESULTS OF THE FOREGOING DISCLAIMERPRODUCT, (ii) MATERIALS OR INFORMATION PROVIDED BY AGENCYZOOM OR GENERATED THROUGH OR WITH THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDPRODUCT, MANUFACTURED INCLUDING WITHOUT LIMITATION, TEMPLATE FORMS, DISCOUNT AVAILABILITY OR INTENDED AMOUNT, CUSTOMER DATA, RETENTION DATA, OR SALES DATA, OR (iii) THE PRODUCT'S SUITABILITY OR UNSUITABILITY FOR A PARTICULAR USE OR ENVIRONMENT, INCLUDING WITHOUT LIMITATION FOR USE WITHIN THE INSURANCE INDUSTRY. AGENCYZOOM'S DISCLAIMER OF WARRANTIES AS SET FORTH IN (1) FACILITIES THIS PARAGRAPH SHALL NOT BE DIMINISHED OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEAFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GROW OUT OF AGENCYZOOM'S RENDERING OF ADVICE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLTECHNICAL OR OTHERWISE, OR DIRECT OPERATION SERVICE IN CONNECTION WITH ANY PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT. AGENCYZOOM SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU OR ANY THIRD PARTY AGAINST ANY CLAIM, DAMAGE, LIABILITY OR LOSS INCLUDING WITHOUT LIMITATION INFRINGEMENT OF NUCLEAR FACILITIESANY PATENT, (B) AIRCRAFT NAVIGATIONTRADEMARK, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,COPYRIGHT

Appears in 1 contract

Samples: Agencyzoom License Agreement

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