Common use of Disclaimer Clause in Contracts

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Disclaimer. YOU EXPRESSLY ACKNOWLEDGE ACCESS TO AND AGREE THAT YOUR USE OF THE APP OKTA PERSONAL IS AT YOUR SOLE RISK, AND YOU ASSUME ALL SUCH RISK AND THAT THE ENTIRE RISK AS ARISING OUT OF YOUR ACCESS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOUOR USE OF OKTA PERSONAL). INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP OKTA PERSONAL IS PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) OKTA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH ALL FAULTS AND RESPECT TO OKTA PERSONAL, INCLUDING WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, ACCURACY, TITLE OR QUIET ENJOYMENT, LACK OF VIRUSES AND NON(B) OKTA MAKES NO WARRANTY THAT OKTA PERSONAL WILL BE COMPLETE, ACCURATE, AVAILABLE, TIMELY, SECURE, RELIABLE, ERROR-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE FREE OR ENJOYMENT OF THE APP FREE FROM INTERRUPTIONS, CRASHES, DOWNTIME OR THAT FUNCTIONS CONTAINED IN THE APP OTHER FAILURES, OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION AND (C) UNDER NO CIRCUMSTANCES WILL OKTA, ANY OF ITS AFFILIATES OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES ASSOCIATED WITH OKTA PERSONAL, OR ANY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREERESPECTIVE OWNERS, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIADIRECTORS, ITS AFFILIATESOFFICERS, SUPPLIERSEMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ANY OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERBE LIABLE IN ANY WAY FOR OKTA PERSONAL.

Appears in 2 contracts

Samples: www.okta.com, www.okta.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE DOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND AGREE INFORMATION PROVIDED TO FOURTH OR THE SUBSCRIBER BY THIRD PARTIES, INCLUDING SUPPLIERS OF NUTRITIONAL AND ALLERGEN DATA AND INFORMATION TO THE SUBSCRIBER. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT YOUR FOURTH IS NOT RESPONSIBLE FOR, HAS NO CONTROL OVER, AND IS UNDER NO DUTY TO VERIFY THE ACCURACY OF ANY SUCH DATA OR INFORMATION. THE SUBSCRIBER’S USE OF THE APP ALL SUCH DATA AND INFORMATION IS AT YOUR SOLE RISK ITS OWN RISK, AND THAT TO THE ENTIRE RISK MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOURTH SHALL HAVE NO LIABILITY FOR ANY SUCH USE.EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 7, EXCEPT AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION PROVIDED IN SECTION 7 OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT THIS AGREEMENT FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR STATUTORY WHICH MAY APPLY BY OPERATION OF LAW), OR STATUTORY, AS TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, MATTER WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES TITLE, AND NON-INFRINGEMENT INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF THIRD PARTY RIGHTSDEALING, USAGE, OR TRADE PRACTICES. ASCENSIA FOURTH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT ANY SERVICE OR ENJOYMENT OF THE APP DOCUMENTATION IS ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERRORVIRUS-FREE, OR THAT DEFECTS OPERATION OR USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED. FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SUBSCRIBER’S USE OF ANY SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS, ORDINANCES, OR REGULATIONS, INCLUDING WITHOUT LIMITATION LABOR WAGE LAWS. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS USE OF THE LIMITED WARRANTY PROVIDED WITH THE METERINTERNET AND ELECTRONIC COMMUNICATIONS. FOURTH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE INFORMATION, CONTENT AND AGREE THAT YOUR USE OF DOCUMENTS FROM OR THROUGH THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SITE ARE PROVIDED “AS AS-IS,AND THE SERVICE “AS AVAILABLE”, ,” WITH ALL FAULTS FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ACCURACYERRORS, QUIET ENJOYMENT, LACK OF VIRUSES PROBLEMS OR OTHER LIMITATIONS. WE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR ENJOYMENT SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN POSSIBILITY OF SUCH DAMAGES. THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE APP WILL BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR FORM 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER DOCUMENT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDISCLAIMED.

Appears in 2 contracts

Samples: Terms of Use Agreement, www.creightonpower.com

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSERVICES PROVIDED BY OR FOR LICENSOR, PERFORMANCEAND SUCH LICENSED KNOW-HOW, ACCURACY IMPROVEMENTS, DOCUMENTATION AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND THE SERVICE “AS AVAILABLE”, WITH HEREBY EXPRESSLY DISCLAIMS ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, OTHER WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR INCLUDING ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, QUIET ENJOYMENTAND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, LACK COURSE OF VIRUSES PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND NON-INFRINGEMENT AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THIRD PARTY RIGHTS. ASCENSIA THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH YOUR USE RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR ENJOYMENT USEFULNESS OF THE APP SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE UNINTERRUPTED PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR ERROR-FREEIMPLIED, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS USAGE OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERTRADE.

Appears in 2 contracts

Samples: Technology License Agreement (Caladrius Biosciences, Inc.), Technology License Agreement (Caladrius Biosciences, Inc.)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE BIZAGI DOES NOT GUARANTEE THAT (A) THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTEDLY, OR THAT BIZAGI WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH END USER DATA OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY BIZAGI, AND AGREE (C) THE SERVICES WILL MEET END USER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT YOUR USE BIZAGI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE APP IS AT YOUR SOLE RISK INTERNET, AND THAT THE ENTIRE RISK AS SERVICES MAY BE SUBJECT TO SATISFACTORY QUALITYLIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BIZAGI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OPERATION OR SECURITY OF THE APP MAY AFFECT SERVICES THAT ARISE FROM END USER’S CONTENT THIRD-PARTY CONTENT. BIZAGI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSERELIABILITY, ACCURACY, QUIET ENJOYMENTCOMPLETENESS, LACK CORRECTNESS, OR USEFULNESS OF VIRUSES AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 RELATED TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERTHIRD PARTY CONTENT.

Appears in 2 contracts

Samples: Bizagi Cloud End User License Agreement, Bizagi Cloud End User License Agreement

Disclaimer. YOU IT IS EXPRESSLY ACKNOWLEDGE AGREED THAT THE WARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND AGREE THAT YOUR EXCLUSIVE REMEDY OF DOT VN, ITS CUSTOMERS AND END USERS. UNDER NO CIRCUMSTANCES SHALL E-BAND BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR REPAIR OF PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE DOT VN LIST PRICE OF THE APP IS AT YOUR SOLE RISK AND THAT APPLICABLE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. THE WARRANTY AND THE SERVICE “AS AVAILABLE”LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WITH EXPRESSED OR IMPLIED ARISING BY LAW, CUSTOM, BY ORAL OR WRITTEN STATEMENTS. ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, ACCURACYAND WARRANTIES ARISING FROM COURSE OF DEALING, QUIET ENJOYMENTUSAGE OR TRADE PRACTICE, AND ANY DUTIES OF LACK OF VIRUSES AND NONNEGLIGENCE OR WORKMANLIKE EFFORT ARE HEREBY DISCLAIMED BY E-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIABAND, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 LICENSORS AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERREPRESENTATIVES.

Appears in 2 contracts

Samples: Certification Test Agreement (Dot VN, Inc.), Distribution Agreement (Dot VN, Inc.)

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE STATED IN THIS SECTION 7, (A) OMT DOES NOT MAKE ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (B) THE OMT RATS, SERA, AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS ANYTHING ELSE PROVIDED BY OMT PURSUANT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS THIS AGREEMENT ARE PROVIDED “AS IS,(C) OMT DISCLAIMS ANY AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND OR NATURE, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIAWHETHER EXPRESS OR IMPLIED, ITS AFFILIATESRELATING TO PERFORMANCE, SUPPLIERSMARKETABILITY, LICENSEES AND ITS REPRESENTATIVESTITLE OR OTHERWISE IN ANY RESPECT RELATED TO THE SUBJECT MATTER HEREUNDER, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED (D) OMT FURTHER DISCLAIMS ANY EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE PARTIES IN CONNECTION WITH YOUR THE USE OR ENJOYMENT EXPLOITATION OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREEOMT ANTIBODIES, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDMAKING, USING OR SELLING OR OTHER DISTRIBUTION OF PRODUCTS BY ANY PERSON OR ENTITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME LICENSEE ASSUMES THE ENTIRE COST RISK AND RESPONSIBILITY FOR THE SAFETY, EFFICACY, PERFORMANCE, DESIGN, MARKETABILITY, TITLE AND QUALITY OF ALL NECESSARY SERVICINGPRODUCTS. Without limiting the generality of the foregoing, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMEROMT does not warrant (i) the patentability of any of the OMT Antibodies or Licensed Products, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERor (ii) the accuracy, safety, or usefulness for any purpose of any of the Sera, OMT Rats, OMT Antibodies or Licensed Products.

Appears in 2 contracts

Samples: Antibody License Agreement (Avista Public Acquisition Corp. II), Antibody License Agreement (OmniAb, Inc.)

Disclaimer. YOU CUSTOMER EXPRESSLY ACKNOWLEDGE ACKNOWLEDGES AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND AGREES THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSERVICES, PERFORMANCEDOCUMENTATION, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS ALL UPDATES THERETO ARE BEING PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE” BASIS AND ANY USE IS AT CUSTOMER’S SOLE RISK. PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SERVICES, DOCUMENTATION AND PROVIDER IP (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION, REPORTS, ADVICE AND RECOMMENDATIONS, IN ANY FORM) PROVIDED BY PROVIDER IN CONNECTION WITH THIS AGREEMENT, ARE OR WILL NECESSARILY ALWAYS BE COMPLETELY ACCURATE, CURRENT, COMPLETE AND/OR CONTINUOUSLY AVAILABLE. PROVIDER DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL FAULTS DEFECTS (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONADVERSELY AFFECT FUNCTIONALITY OR FEATURES) WILL BE CORRECTED. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM PROVIDER DISCLAIMS ALL CONDITIONS, OTHER WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF PROVIDER HAS BEEN INFORMED OF SUCH PURPOSE), OF ACCURACY, AGAINST INFRINGEMENT, AND OF QUIET ENJOYMENT, LACK OF VIRUSES . CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT SUITABILITY OF THE APP SERVICES FOR A SPECIFIC APPLICATION OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERUSE.

Appears in 2 contracts

Samples: dtbe-api.daveyinstitute.com, dtbe-api.daveyinstitute.com

Disclaimer. YOU EXCEPT AS MAY BE EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE SET FORTH HEREIN, MUTUAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYLICENSED PATENT RIGHTS, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” LICENSED PRODUCTS AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITRIGHTS GRANTED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNONINFRINGEMENT, QUIET ENJOYMENT, LACK VALIDITY OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY PATENT RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIMS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIASPECIFICALLY, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO LIMIT THE METERFOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, MUTUAL MAKES NO WARRANTY OR REPRESENTATION (A) REGARDING THE VALIDITY OR SCOPE OF ANY OF THE CLAIM(S), WHETHER ISSUED OR PENDING, OF ANY OF THE LICENSED PATENT RIGHTS, AND (B) THAT THE EXPLOITATION OF THE LICENSED PATENT RIGHTS OR ANY LICENSED PRODUCT WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE METER IS SUBJECT SECRETARY OF THE COMMISSION PURSUANT TO THE TERMS AND CONDITIONS COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE LIMITED WARRANTY PROVIDED WITH THE METERSECURITIES EXCHANGE ACT OF 1934.

Appears in 1 contract

Samples: License Agreement (King Pharmaceuticals Inc)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT INFORMATION FROM OR THROUGH THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SITE ARE PROVIDED “AS "AS-IS” AND THE SERVICE “," "AS AVAILABLE”, WITH ," AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ACCURACYERRORS, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPROBLEMS OR OTHER LIMITATIONS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR ENJOYMENT SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN POSSIBILITY OF SUCH DAMAGES. THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE APP WILL BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN WRITTEN, OBTAINED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES YOU FROM US THROUGH THE SITE SHALL CREATE A ANY WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR REPRESENTATION OR CORRECTION. SOME JURISDICTIONS DO GUARANTEE 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METEREXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: Terms and Conditions of Use Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE GOODS ARE MANUFACTURED IN ACCORDANCE WITH PLANS AND AGREE SPECIFICATIONS SUPPLIED BY THE BUYER. THE SELLER MAKES NO WARRANTY THAT YOUR USE THE GOODS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE SOLE RESPONSIBILITY OF THE APP IS AT YOUR SOLE RISK SELLER SHALL BE THAT IT WILL MANUFACTURE THE GOODS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS OF THE BUYER, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYGOODS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, PERFORMANCEINDIRECT, ACCURACY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND EFFORT IS WITH YOU. INSTALLATION WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE APP MAY AFFECT THE USABILITY POSSIBILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”SUCH DAMAGES, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO LOSS OF PROFITS OR REVENUE, IMPLIED WARRANTIES LOSS OF MERCHANTABILITYBUYER GOODWILL, SATISFACTORY QUALITYATTORNEYS' FEES, FITNESS DAMAGE TO BUSINESS OR BUSINESS RELATIONS, LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTED FACILITIES OR SERVICES, DOWN-TIME COSTS, CLAIMS BY CLIENTS OR BUYERS OF BUYER, OR DAMAGES FOR A PARTICULAR PURPOSEECONOMIC LOSSES OR PROPERTY DAMAGE ARISING FROM, ACCURACYCONNECTED WITH OR RELATING TO SELLER'S ACTS OR OMISSIONS, QUIET ENJOYMENTWHETHER UNDER NEGLIGENCE, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSSTRICT LIABILITY, ENTERPRISE LIABILITY OR OTHER PRODUCT LIABILITY THEORIES. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT THE SOLE LIABILITY OF THE APP SELLER SHALL BE TO REPLACE ANY MACHINE NOT IN CONFORMITY WITH THE PLANS AND SPECIFICATIONS. ANY ACTION ARISING OUT OF OR THAT FUNCTIONS CONTAINED IN ANY WAY CONNECTED WITH THE APP WILL MEET YOUR REQUIREMENTS, THAT PRODUCTS OR SERVICES FURNISHED BY SELLER MUST BE BROUGHT BY BUYER WITHIN TWO (2) YEARS FROM THE OPERATION DATE THE CAUSE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREEACTION ACCRUES, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 CONSUMERPERIOD, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER WHICHEVER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSHORTER.

Appears in 1 contract

Samples: industrialpc.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, REDWOOD PRODUCTS, REDWOOD SERVICES, AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK ALL DOCUMENTATION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SUPPORT SERVICES ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT REDWOOD MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR STATUTORY WHICH MAY APPLY BY OPERATION OF LAW, OR STATUTORY, AS TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITMATTER WHATSOEVER. REDWOOD (FOR ITSELF AND ITS AFFILIATES, INCLUDINGLICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TOTERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSATISFACTORY QUALITY, NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, LACK SECURITY OR ARISING FROM A COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING, USAGE OR TRADE PRACTICE, ALL OF THIRD PARTY RIGHTSWHICH ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ASCENSIA WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REDWOOD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT REDWOOD PRODUCTS, REDWOOD SERVICES, OR ENJOYMENT OF THE APP SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSWITHOUT INTERRUPTION, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, MEET CLIENT’S REQUIREMENTS, OR BE TIMELY OR SECURE, OR THAT DEFECTS IN THE APP DATA PROVIDED THROUGH REDWOOD PRODUCTS WILL BE CORRECTEDACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. NO ORAL CLIENT SHALL NOT MAKE OR WRITTEN INFORMATION PASS ON ANY REPRESENTATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST WARRANTY ON BEHALF 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 REDWOOD TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERANY THIRD PARTY.

Appears in 1 contract

Samples: Redwood Master Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 11, THE SERVICES, SUPPORT, DOCUMENTATION, AND AGREE THAT YOUR ANY OTHER SERVICES, DATA, AND CONTENT (INCLUSIVE OF THIRD-PARTY SERVICES AND ANY AND ALL THIRD-PARTY ITEMS, PRODUCTS, DEVICES, AND/ OR MATERIALS) ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE APP IS AT YOUR SOLE RISK SOFTWARE AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION PURCHASE OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPSSERVICES ARE AT THEIR OWN RISK. THE APP IS PROVIDED “AS IS” MEMR DOES NOT MAKE, AND THE SERVICE “AS AVAILABLE”HEREBY DISCLAIMS, WITH ANY AND ALL FAULTS OTHER EXPRESS, STATUTORY, AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, IMPLIED WARRANTIES, REPRESENTATIONSINCLUDING WITHOUT LIMITATION, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNONINFRINGEMENT AND ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), QUIET ENJOYMENTAND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, LACK USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY MEMR ARE FOR THE BENEFIT OF VIRUSES CUSTOMER ONLY AND NONNOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, SUCH AS DELAYS CAUSED BY THIRD-INFRINGEMENT PARTY NETWORK PROVIDERS, THAT ARE OUTSIDE MEMR’S CONTROL. MEMR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF THIRD PARTY RIGHTSUSE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. ASCENSIA EXCEPT AS EXPRESSLY PROVIDED HEREIN, MEMR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSGUARANTEE CONTINUOUS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 SECURE OPERATION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES ACCESS TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSOFTWARE.

Appears in 1 contract

Samples: General Terms

Disclaimer. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT EQUIPMENT, CABLES, ACCESSORIES AND AGREE PARTS MAY BE DISCONTINUED WITH OR WITHOUT WARNING AND THAT PRODUCTS MAY NOT BE AVAILABLE IN QUANTITIES DESIRED OR ORDERED BY YOU, AND THAT FUTURE VERSIONS OF PRODUCTS MAY NOT BE BACKWARDS COMPATIBLE WITH EXISTING CABLES, MOUNTS AND OTHER ACCESSORIES. VEHICLE MOUNTING LOCATION AND SURROUNDING MATERIALS MAY IMPACT GPS AND CELLULAR RECEPTION. YOU FURTHER ACKNOWLEDGE THAT WE AND PRODUCT MANUFACTURERS MAY DISCONTINUE PROVIDING SOFTWARE OR FIRMWARE UPDATES IN THE FUTURE AND THAT NEW FEATURES AND FUNCTIONALITY MAY NOT BE AVAILABLE THROUGH OR COMPATIBLE WITH DISCONTINUED PRODUCTS OR PRODUCTS THAT ARE NOT RUNNING CURRENT SOFTWARE AND FIRMWARE. SOFTWARE MAY NOT BE COMPATIBLE WITH ALL HARDWARE AND/OR FIRMWARE COMBINATIONS. WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, TIMELINESS, OR USEFULNESS OF ANY INFORMATION ACCESSED OR PROVIDED THROUGH USE OF THE PRODUCTS AND SERVICES. USE OF CERTAIN PRODUCTS AND SOFTWARE IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF WIRELESS AND TELECOMMUNICATIONS NETWORKS AND TECHNOLOGIES, GLOBAL NAVIGATION SATELLITE SYSTEMS AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED AND OPERATED BY THIRD PARTIES (“CARRIERS”). WE ARE NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF CARRIERS’ SYSTEMS OR FACILITIES, OR FOR SUCH CARRIERS’ ELECTION TO SUNSET CELLULAR SPECTRUMS OR TECHNOLOGIES IN THE FUTURE. CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF YOUR USE OF THE APP IS AT YOUR SOLE RISK OUR PRODUCTS, SOFTWARE, SUBSCRIPTIONS AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSERVICES, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY YOU WILL HAVE NO CLAIMS AGAINST CARRIERS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE KIND WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 YOURESPECT THERETO. THE FOREGOING DISCLAIMER EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF WARRANTIES APPLIES TO THIS AGREEMENT AND FORMED THE APP AND NOT TO THE METERBASIS FOR DETERMINING FEES CHARGED. THE METER IS SUBJECT TO THE EXHIBIT D – TERMS AND & CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.ON HARDWARE AS A SERVICE

Appears in 1 contract

Samples: General Terms

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE SYSTEM AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS ALL SERVICES RENDERED IN CONNECTION WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS IT ARE PROVIDED "AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ." WELLPOINT DISCLAIMS ALL FAULTS AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, EXCEPT EXPRESS OR IMPLIED, RELATING TO THE SYSTEM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR FRAUD A PARTICULAR PURPOSE AND FRAUDULENT MISREPRESENTATIONNON- INFRINGEMENT. ASCENSIATO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, ITS AFFILIATES, SUPPLIERS, LICENSEES WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM OR IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS REPRESENTATIVESCLIENT PROVIDERS', DISCLAIM ALL CONDITIONSAS APPLICABLE) ACTIONS IN USING AND/OR OPERATING THE SYSTEM, WARRANTIES(ii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', REPRESENTATIONSAS APPLICABLE) UNAUTHORIZED ACCESS TO THE SYSTEM, EXPRESSAND (iii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', IMPLIED AS APPLICABLE) BREACH OF ANY MATERIAL OBLIGATION CONTAINED IN THIS AGREEMENT. WELLPOINT SHALL NOT BE LIABLE FOR ANY DAMAGES FOR EXPENSES RESULTING FROM ERRONEOUS OR STATUTORY WHICH MAY APPLY TO THIS APP FAILED TRANSMISSIONS OR ANY INFORMATION DISPLAYED OR CONTENT ON ITLOST DATA, INCLUDING, BUT NOT LIMITED LIMTIED TO, IMPLIED WARRANTIES LOST PROFIT. EXCEPT FOR INDEMNIFICATION CLAIMS UNDER SECTION 9.1 ABOVE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF MERCHANTABILITYOR RELATING TO THIS AGREEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD EVEN IF SUCH PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT HAS BEEN ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION POSSIBILITY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSUCH DAMAGES.

Appears in 1 contract

Samples: Transactions Trading Partner Agreement

Disclaimer. YOU EXCEPT FOR REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE IV OF THIS AGREEMENT, SELLERS ARE NOT MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, AT COMMON LAW OR STATUTORY LAW, EXPRESS OR IMPLIED, CONCERNING THE BUSINESS, ASSETS OR LIABILITIES OF SELLERS. BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED IN THIS AGREEMENT, SELLERS HAVE NOT MADE, AND AGREE THAT YOUR USE SELLERS HEREBY EXPRESSLY DISCLAIM AND NEGATE, AND BUYER HEREBY EXPRESSLY WAIVES ANY REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, AT COMMON LAW OR STATUTORY LAW, EXPRESS OR IMPLIED, RELATING TO, AND BUYER HEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION AGAINST SELLERS, THEIR AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES IN CONNECTION WITH, (a) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) HERETOFORE FURNISHED TO BUYER AND ITS REPRESENTATIVES BY OR ON BEHALF OF SELLERS, (b) ANY ESTIMATES OF THE APP IS AT YOUR SOLE RISK AND THAT VALUE OF THE ENTIRE RISK AS TO SATISFACTORY ASSETS OR FUTURE REVENUES GENERATED BY THE ASSETS, (c) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, PERFORMANCESUITABILITY, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION DESIGN OR MARKETABILITY OF THE APP MAY AFFECT ASSETS OR (d) SELLERS’ TITLE TO ANY OF THE USABILITY ASSETS. EXCEPT FOR REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE IV OF THIRD PARTY APPS. THIS AGREEMENT, SELLERS FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY OF THE APP IS PROVIDED ASSETS, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE ASSETS, IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND THE SERVICE AS AVAILABLE”, WHERE IS” WITH ALL FAULTS AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE WITHOUT WARRANTY OF RELIANCE ON ANY KIND, EXCEPT FOR FRAUD REPRESENTATIONS AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDISCLAIMED AS SET FORTH ABOVE.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Azure Midstream Partners, Lp)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK OWN RISK. THE SOFTWARE IS PROVIDED BY ITASCA ON AN "AS IS" AND THAT "AS AVAILABLE" BASIS. EXCEPT AS DESCRIBED IN SECTION 10 (WARRANTY), THE ENTIRE RISK AS ITASCA PARTIES DISCLAIM TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY THE FULLEST EXTENT PERMITTED BY LAW AND EFFORT IS WITH YOU. INSTALLATION YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE APP MAY AFFECT ITASCA PARTIES RELATING TO THE USABILITY OF THIRD PARTY APPS. SOFTWARE OR THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSCONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SOFTWARE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE ITASCA PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THIS XXXX, BY CUSTOM, OR STATUTORY BY LAW OR OTHERWISE AND WHICH MAY APPLY TO THIS APP OR IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY OF THE SOFTWARE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, SATISFACTORY QUALITYTITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE ITASCA PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SOFTWARE OR ON ANY LINKED WEBSITES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, SOFTWARE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE PARTIES OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP ADVERTISERS WILL MEET YOUR REQUIREMENTS, EXPECTATIONS; THAT THE OPERATION SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ITASCA; THAT SOFTWARE ERRORS WILL BE CORRECTED OR THAT SOFTWARE CONTENT WILL BE UPDATED; OR THAT THE SOFTWARE IS PCI COMPLIANT. THE ITASCA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE APP WILL BE UNINTERRUPTED SOFTWARE, (3) UNAUTHORIZED ACCESS TO OR ERROR-FREEUSE OF THE ITASCA SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THAT DEFECTS IN THE APP WILL LIKE WHICH MAY BE CORRECTED. NO ORAL TRANSMITTED TO OR WRITTEN INFORMATION THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES (6) LOSS OR ITS REPRESENTATIVES SHALL CREATE DAMAGE OF ANY KIND INCURRED AS A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS RESULT OF THE LIMITED WARRANTY PROVIDED WITH USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE METERSOFTWARE.

Appears in 1 contract

Samples: itascasoftware.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE REPRESENTATIONS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK WARRANTIES SET FORTH IN THIS SECTION 8, EACH PARTY DISCLAIMS ANY AND THAT THE ENTIRE RISK AS ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” THIS MSA AND THE SERVICE “AS AVAILABLE”SOLUTIONS, WITH WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, STATUTE, CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYFITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, FITNESS FOR A PARTICULAR HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT INFRINGEMENT, CONDITION OF THIRD PARTY RIGHTSTITLE. ASCENSIA THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SENTINELONE DOES NOT GUARANTEE OR WARRANT AGAINST INTERFERENCE WITH YOUR THAT IT WILL FIND, LOCATE, DETECT, OR IDENTIFY ALL THREATS, CONFIGURATION ERRORS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, RESTORE CONTROL OF SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED, AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD SENTINELONE RESPONSIBLE FOR SUCH OR ANY CONSEQUENCES THEREOF. REPORTS GENERATED THROUGH CUSTOMER’S USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERRORSOLUTIONS ARE PROVIDED AS-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERIS.

Appears in 1 contract

Samples: Sentinelone Master Subscription Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE SET FORTH ABOVE, THE PRODUCT, THE PRODUCT DOCUMENTATION, THE MAINTENANCE AND AGREE THAT YOUR USE OF SUPPORT, AND THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS INSTALLATION, ARE PROVIDED BY CERTIPATH TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED LICENSEE “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND. CERTIPATH, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES ON BEHALF OF ITSELF AND ITS REPRESENTATIVESSUPPLIERS AND LICENSORS, DISCLAIM HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONSOTHER WARRANTIES WITH REGARD TO THE PRODUCT, WARRANTIESTHE PRODUCT DOCUMENTATION, REPRESENTATIONSTHE MAINTEANCE AND SUPPORT AND THE INSTALLATION, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK TITLE AND NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF VIRUSES AND NON-INFRINGEMENT THE COURSE OF THIRD PARTY RIGHTSDEALING OR COURSE OF PERFORMANCE. ASCENSIA CERTIPATH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR THAT LICENSEE’S USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL PRODUCT SHALL BE UNINTERRUPTED OR ERROR-FREE, OR UNINTERRUPTED. LICENSEE ACKNOWLEGES THAT DEFECTS IN THE APP WILL BE CORRECTED. IT HAS RELIED ON NO ORAL OTHER WARRANTIES AND THAT NO OTHER WARRANTIES ARE MADE HEREIN BY CERTIPATH OR WRITTEN INFORMATION ANY OF CERTIPATH’S SUPPLIERS OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONLICENSORS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION EXLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERHOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULICENSEE. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERTHIRTY (30) DAYS.

Appears in 1 contract

Samples: certipath.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONSTHE LIMITED REPRESENTATIONS, WARRANTIES, REPRESENTATIONSAND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, SATISFACTORY QUALITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, ACCURACYWARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, QUIET ENJOYMENT, LACK OF VIRUSES MYECHECK AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF REPRESENT THAT THE APP SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GREENPAY ACKNOWLEDGES THAT DEFECTS IN THE APP MYECHECK IS NOT RESPONSIBLE FOR AND WILL BE CORRECTED. HAVE NO ORAL LIABILITY FOR HARDWARE, SOFTWARE OR WRITTEN INFORMATION OTHER ITEMS OR ADVICE GIVEN ANY SERVICES PROVIDED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTYEMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. SHOULD GREENPAY FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED EXPRESS WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSET FORTH IN THIS AGREEMENT.

Appears in 1 contract

Samples: Software License and Services Agreement (Myecheck, Inc.)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE 1. THIS SITE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK MATERIALS AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PRODUCTS ON THIS SITE ARE PROVIDED "AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS " AND WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM GOWIP DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT. ASCENSIA GOWIP DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. NO ORAL GOWIP DOES NOT MAKE ANY WARRANTEES OR WRITTEN REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. GOWIP RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTYAT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). SHOULD THE APP 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 WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY NOT APPLY TO CAUSE YOU. THE FOREGOING DISCLAIMER LIMITATION OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.LIABILITY

Appears in 1 contract

Samples: Terms and Conditions Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE TO THE FULLEST EXTENT PERMITTED BY LAW, MERKLE ON BEHALF OF ITSELF AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO ITS AFFILIATES EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, FOR SATISFACTORY QUALITY, PERFORMANCEMERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ACCURACY THE M1 PLATFORM AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS MERKLE, ITS AFFILIATES, AND PARTNER DATA ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AT CLIENT’S OPTION AND WITHOUT WARRANTY RISK AND NONE OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIAMERKLE, ITS AFFILIATESAFFILIATES OR MERKLE’S PARTNERS MAKE ANY GUARANTEE OR REPRESENTATION IN CONNECTION WITH RESULTS OF CLIENT’S USE OF M1 PLATFORM FUNCTIONS. MERKLE DOES NOT GUARANTEE SERVICES WILL BE UNINTERRUPTED, SUPPLIERSTHAT AD DELIVERY PLATFORMS WILL PROCESS M1- DEVELOPED AUDIENCES, LICENSEES OR THAT ANY PORTION OF INTENDED AUDIENCES WILL BE REACHED WITHIN AD DELIVERY PLATFORMS. OTHER THAN AS PROVIDED IN THESE TERMS, MERKLE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF IDENTITY RESOLUTION SERVICES OR THE RESULTS THEREOF (INCLUDING RESOLUTION DATA), AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED DISCLAIMS ANY EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACYAND MERKLE WILL NOT BE LIABLE FOR ANY CLAIMS, QUIET ENJOYMENTLOSSES, LACK COSTS, DAMAGES, OR EXPENSES ARISING OUT OF VIRUSES AND NON-INFRINGEMENT USE OF THIRD PARTY RIGHTSTHE IDENTITY RESOLUTION SERVICES. ASCENSIA MERKLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP IDENTITY RESOLUTION SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 1 contract

Samples: www.merkle.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT AS SET FORTH IN SECTION 8.1, THE SERVICE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS DEVICES ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND THE SERVICE “AS AVAILABLE”WITH NO WARRANTY, WITH ALL FAULTS AND WITHOUT WARRANTY EXPRESS OR IMPLIED, OF ANY KIND, EXCEPT FOR FRAUD . FRACSUN EXPRESSLY DISCLAIMS ANY AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES ALL WARRANTIES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIESINCLUDING, REPRESENTATIONSBUT NOTLIMITED TO, EXPRESSANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/ NON- INFRINGEMENT. SOME ASPECTS OF THE FRACSUN PROPERTIES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT, OR STATUTORY MAKE ANY CONDITION THAT THE FRACSUN PROPERTIES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR OUTAGES OR ERRORS IN THE FRACSUN PROPERTIES ATTRIBUTABLE TO THIRD PARTIES OR OUTAGES IN THIRD PARTY INTEGRATED SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESERVICES, ALL OF WHICH MAY APPLY TO THIS APP OR IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INFORMATION DISPLAYED OR CONTENT ON IT, DAMAGE THAT RESULTS FROM USE OF THE FRACSUN PROPERTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYANYDAMAGE TO YOUR COMPUTER SYSTEM OR TO YOUR PHOTOVOLTAIC ARRAY OR INSTRUMENTATION. NO ADVICE OR INFORMATION, SATISFACTORY QUALITYWHETHER ORAL OR WRITTEN, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THE DEVICE WARRANTY OFFERED BY FRACSUN SHALL BE NULL AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE VOID TO THE EXTENT THE ISSUE IS ATTRIBUTABLE TO IMPROPER INSTALLATION OR ENJOYMENT OF IF YOU FAIL TO FOLLOW THE APP PROPER INSTRUCTIONS PROVIDED EITHER ORALLY OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT DOCUMENTATION OR USE THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY SERVICES FOR ANY PURPOSE OTHER THAN AS PROVIDED WITH THE METERUNDER SECTION 2.1.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer. YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSET FORTH IN THIS AGREEMENT, PERFORMANCE(1) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”CONDITION, WITH ALL FAULTS AND WITHOUT WARRANTY REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIAWHETHER EXPRESS, ITS AFFILIATESIMPLIED, SUPPLIERSSTATUTORY, LICENSEES AND ITS REPRESENTATIVESOR OTHERWISE, DISCLAIM (2) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITUNDERTAKINGS AND GUARANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF ANY WITH RESPECT TO TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND (3) LD’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, ACCURACYCONDITION, QUIET ENJOYMENTREPRESENTATION, LACK UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF VIRUSES AND NON-INFRINGEMENT THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF THIRD PARTY RIGHTSSUPPLYING THE SERVICES AGAIN. ASCENSIA LD DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT: (I) THE SERVICES WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS; (II) THE SUBSCRIPTION SERVICES WILL BE ERROR-FREE OR ENJOYMENT OF THE APP UNINTERRUPTED OR THAT FUNCTIONS CONTAINED THE RESULTS OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE; OR (III) ALL DEFICIENCIES IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL SERVICES CAN BE UNINTERRUPTED FOUND OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL LD WILL NOT BE RESPONSIBLE FOR: (A) LOSS OF DATA THAT IS NOT DUE TO A BREACH OF THIS AGREEMENT BY LD; (B) THE INABILITY OF CUSTOMER TO ACCESS OR WRITTEN INFORMATION INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES USERS THAT COMPRISE THE INTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERINTERNET.

Appears in 1 contract

Samples: Master Subscription and Professional Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 8, OUR SERVICES INCLUDING BUT NOT LIMITED TO ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” AND AGREE THAT “AS- AVAILABLE” BASIS. YOUR USE OF THE APP OUR SERVICES AND ANY THIRD PARTY OFFERINGS IS AT YOUR SOLE RISK OWN RISK. WE DO NOT MAKE, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYHEREBY DISCLAIM, PERFORMANCE, ACCURACY ANY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, OTHER EXPRESS, STATUTORY AND IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITREPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, SYSTEM INTEGRATION, NON-INTERFERENCE, FREEDOM FROM COMPUTER VIRUS, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF THIRD PARTY RIGHTSDEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE. ASCENSIA DOES ADDITIONALLY WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR THAT: (A) THE USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OUR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREEFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE ACCURATE OR RELIABLE; OR (D) THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM USE OF OUR SERVICES OR ANY THIRD PARTY OFFERINGS. 9. LIMITATION OF LIABILITY 9.1. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR THAT DEFECTS IN CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE APP WILL BE CORRECTED. NO ORAL WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THIS AGREEMENT OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD YOUR USE OF THE APP 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 YOUSERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WHERE A TOTAL DISCLAIMER OF WARRANTIES APPLIES LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE APP AND NOT AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO THE METER. THE METER USE OUR SITE OR ONE HUNDRED (100) DOLLARS WHICHEVER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERGREATER.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APPLICATION, AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SERVICES ARE PROVIDED “AS IS,” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS MAKEENA MAKES NO (AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACYWITH RESPECT TO THE USE, QUIET ENJOYMENTMISUSE, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSOR INABILITY TO USE THE WEBSITE, APPLICATION, SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY MAKEENA. ASCENSIA MAKEENA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP THAT ALL ERRORS CAN BE CORRECTED, OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL SOFTWARE AND SERVICES SHALL BE UNINTERRUPTED UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERHOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERCUSTOMER.

Appears in 1 contract

Samples: Makeena Brand Terms of Use and Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP All CONTENT IS PROVIDED ON AN "AS IS" AND THE SERVICE “"AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED KIND INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, ACCURACYWITHOUT LIMITATION, QUIET ENJOYMENTDAMAGES FOR LOSS OF PROFITS, LACK BUSINESS INTERRUPTION, LOSS OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT INFORMATION) ARISING OUT OF THE APP USE OF OR THAT FUNCTIONS CONTAINED IN INABILITY TO USE THE APP WILL MEET YOUR REQUIREMENTSSITE OR ITS CONTENT, THAT EVEN IF THE OPERATION COMPANY HAS BEEN ADVISED OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPOSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PROHIBIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERINCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING COMPANY AND ITS SUPPLIERS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT, OR USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTIES APPLIES WARRANTY, OR TO CREATE ANY WARRANTY. LIMITATION OF LIABILITY THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE APP USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND NOT TO ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED WARRANTY PROVIDED WITH TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE METERAMOUNT YOU PAID TO ACCESS THIS SITE. REVISION The Company may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, or the products described therein in whole or in part, at any time without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then- current web site Terms to which you are bound.

Appears in 1 contract

Samples: Website Terms of Use

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD THE LIMITED WARRANTIES DESCRIBED IN THIS SECTION 11 (WARRANTIES AND FRAUDULENT MISREPRESENTATION. ASCENSIADISCLAIMER), ITS AFFILIATESLUNCHBOX MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, SUPPLIERSHARDWARE, LICENSEES IMPLEMENTATION SERVICES, DOCUMENTATION, USAGE DATA, OR OTHERWISE, AND ITS REPRESENTATIVES, DISCLAIM SPECIFICALLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD- PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYAND ANY WARRANTIES ARISING FROM COURSE OF DEALING, QUIET ENJOYMENTUSAGE, LACK OF VIRUSES OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED IN THIS SECTION 11 (WARRANTIES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DISCLAIMER), THE SERVICES, HARDWARE, IMPLEMENTATION SERVICES, AND DOCUMENTATION ARE PROVIDED “AS IS.” LUNCHBOX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT THE SERVICES, HARDWARE, IMPLEMENTATION SERVICES, OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP DOCUMENTATION WILL MEET YOUR SATISFY CUSTOMER’S REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONUNINTERRUPTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERCUSTOMER.

Appears in 1 contract

Samples: Client Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS LICENSED MATERIALS ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS FAULTS. FURTHERMORE, YOU ACKNOWLEDGE AND WITHOUT WARRANTY AGREE THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY ORGANIZATION. YOU AGREE THAT PRIOR TO USING OR INCORPORATING THE LICENSED MATERIALS IN OR WITH ANY PRODUCT THAT YOU WILL THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR FAILURES. WACOM AND ITS LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDKIND REGARDING THE LICENSED MATERIALS, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. ASCENSIA DOES YOU AGREE TO USE YOUR INDEPENDENT JUDGMENT IN DEVELOPING LICENSEE PRODUCTS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY WACOM TO MAINTAIN PRODUCTION OF ANY WACOM DEVICE OR OTHER HARDWARE OR SOFTWARE WITH WHICH THE LICENSED MATERIALS MAY BE USED. YOU ACKNOWLEDGE AND AGREE THAT WACOM SHALL NOT WARRANT BE LIABLE FOR AND SHALL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY YOU AGAINST INTERFERENCE WITH ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON YOUR USE OR ENJOYMENT OF THE APP LICENSED MATERIALS OR YOUR USE OF LICENSEE PRODUCTS THAT FUNCTIONS CONTAINED IN INCLUDE OR INCORPORATE THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLICENSED MATERIALS.

Appears in 1 contract

Samples: License Agreement

Disclaimer. YOU EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS EXPRESSLY ACKNOWLEDGE SET FORTH IN SECTION 4.1 OR THIS SECTION 11, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NOVAVAX EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY COVENANTS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIAWHETHER EXPRESS OR IMPLIED, ITS AFFILIATESWRITTEN OR ORAL, SUPPLIERSBY FACT OR LAW, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, INCLUDING ANY IMPLIED REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND COVENANTS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSATISFACTORY QUALITY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT AND ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OR GUARANTEES ARISING FROM STATUTE, COURSE OF THIRD DEALING OR USAGE OF TRADE. EACH PARTY RIGHTSACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE FURTHER, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY, EITHER EXPRESS OR ENJOYMENT OF THE APP IMPLIED, THAT NOVAVAX WILL OBTAIN A POSITIVE CLINICAL OUTCOME OR THAT FUNCTIONS CONTAINED THE PRODUCT WILL RECEIVE REGULATORY APPROVAL FOR COMMERCIAL USE 12. Limitation of Liability. 12.1. [***]. [***]. 12.2. Cap On Damages. EXCEPT WITH RESPECT TO CLAIMS FOR, UNDER OR ARISING OUT OF (A) A PARTY’S BREACH OF SECTION 1312, (B) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD OR (C) CLAIMS FOR WHICH A PARTY HAS AN INDEMNIFICATION OBLIGATION PURSUANT TO SECTION 9.3, IN THE APP NO EVENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDNOVAVAX’ LIABILITY TO CUSTOMER EXCEED [***]. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER13.

Appears in 1 contract

Samples: Advanced Purchase Agreement (Novavax Inc)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONSBANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND YOUR RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE BANK, ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL OTHER REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE PROGRAMS, OR OTHER MATTERS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSESPECIFIC USE, ACCURACYPURPOSE OR APPLICATION, QUIET ENJOYMENTOR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, LACK COURSE OF VIRUSES AND DEALING, OR USAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT NOTWITHSTANDING THE GENERALITY OF THE APP OR FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OR THAT DEFECTS ITS OPERATION WILL BE UNINTERRUPTED. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE APP ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIABank’s Liability. Bank will not be liable to you for any of the following: (i) any damages, ITS AFFILIATEScosts or other consequences caused by or related to Bank’s actions that are based on information or instructions that you provide to Bank; (ii) any unauthorized actions initiated or caused by you or your employees or agents; (iii) the failure of third persons or vendors to perform satisfactorily, SUPPLIERSother than persons to whom Bank has delegated the performance of specific obligations provided in this Agreement; (iv) any refusal of a Payor Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the breach of contract, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVEgross negligence or willful misconduct of Bank), YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICINGincluding without limitation, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERthat the Image Exchange Item or Substitute Check was allegedly unauthorized, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERwas a counterfeit, had been altered, or had a forged signature; (v) Your or any other party’s lack of access to the Internet or inability to transmit or receive data; or (vi) failures or errors on the part of Internet service providers, telecommunications providers or any other party’s own internal systems.

Appears in 1 contract

Samples: Mobile Remote Deposit Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONSBANK’S REPRESENTATIONS, WARRANTIES, REPRESENTATIONSOBLIGATIONS AND LIABILITIES, EXPRESSAND YOUR RIGHTS AND REMEDIES, IMPLIED OR STATUTORY WHICH MAY APPLY SET FORTH IN THIS SCHEDULE E TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITCMTS AGREEMENT ARE EXCLUSIVE. THE BANK AND ITS LICENSORS HEREBY DISCLAIM, INCLUDINGAND YOU HEREBY WAIVE AND RELEASE THE BANK, BUT NOT LIMITED TOITS LICENSORS AND THEIR RESPECTIVE OWNERS, IMPLIED OFFICERS AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS,WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, THE OFFICE DEPOSIT SERVICE, INFORMATION, ASSISTANCE, SOFTWARE PRODUCTS, OR OTHER MATTERS PROVIDED UNDER THIS SCHEDULE E TO THIS CMTS AGREEMENT, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, ,FITNESS FOR A PARTICULAR PURPOSESPECIFIC USE, ACCURACYPURPOSE OR APPLICATION, QUIET ENJOYMENTOR OTHER IMPLIED CONTRACTUAL WARRANTY; (2) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, LACK COURSE OF VIRUSES AND DEALING, OR USAGE OF TRADE; (3) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT; AND (5) ANY OTHER WARRANTY WITH RESPECT TO QUALITY,ACCURACY OR FREEDOM FROM ERROR. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT NOTWITHSTANDING THE GENERALITY OF THE APP OR FOREGOING, NEITHER THE BANK NOR ITS LICENSORS WARRANT THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OR THAT DEFECTS IN THE APP ITS OPERATION WILL BE CORRECTEDUNINTERRUPTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.Cash Management and Treasury Services Agreement (“CMTSA”)

Appears in 1 contract

Samples: Management and Treasury Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE LICENSED MATERIALS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS COMPONENTS THEREOF ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS FAULTS. WACOM HEREBY EXPRESSLY DISCLAIMS ANY AND WITHOUT WARRANTY ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WACOM DOES NOT REPRESENT OR WARRANT THAT THE LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, THAT THE LICENSED MATERIALS ARE COMPATIBLE WITH ANY INFORMATION DISPLAYED PARTICULAR HARDWARE OR CONTENT ON ITSOFTWARE PLATFORM(S), INCLUDINGOR THAT THE USE OF THE LICENSED MATERIALS OR THEIR OPERATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYPATENTS, SATISFACTORY QUALITYUTILITY MODELS, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE TRADEMARKS OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREECOPYRIGHTS, OR THAT DEFECTS IN THE APP LICENSED MATERIALS WILL BE CORRECTED. FURTHERMORE, WACOM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE USE BY LICENSEE OF THE LICENSED MATERIALS (INCLUDING THE RESULTS GENERATED BY SUCH USE), INCLUDING WITHOUT LIMITATION, THE CORRECTNESS, ACCURACY, QUALITY, CURRENTNESS, OR RELIABILITY OF THE LICENSED MATERIALS OR ANY CORRESPONDING RESULTS, OR THE APPROPRIATENESS OF THE LICENSED MATERIALS OR ANY CORRESPONDING RESULTS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. WACOM DOES NOT WARRANT THAT LICENSEE WILL BE ABLE TO DEVELOP OR MAKE A LICENSEE PRODUCT USING THE LICENSED MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES WACOM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD REPRESENTATION OR WARRANTY ON THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST PART 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES WACOM WITH RESPECT TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLICENSED MATERIALS.

Appears in 1 contract

Samples: License Agreement

Disclaimer. YOU THE WARRANTIES SET FORTH IN SECTION 6.1 ARE MADE FOR THE BENEFIT OF SUBSCRIBER AND AFFILIATES ONLY. EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED IN THE MSA, THE USER GUIDE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SERVICES ARE PROVIDED “AS IS,” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS COMPANY MAKES NO (AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE OR THE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. ASCENSIA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP THAT ALL ERRORS CAN BE CORRECTED, OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE, FREE OR THAT IT WILL CORRECT ALL DEFECTS IN OR PREVENT UNAUTHORIZED ACCESS. COMPANY DOES NOT WARRANT THAT THE APP SUBSCRIPTION SERVICES WILL BE CORRECTEDCOMPATIBLE WITH SUBSCRIBER’S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. NO ORAL COMPANY DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR WRITTEN INFORMATION STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR ADVICE GIVEN CONTROLLED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONCOMPANY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSUBSCRIBER.

Appears in 1 contract

Samples: Legal Terms and Condition

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE BANK DISCLAIMS ALL REPRESENTATIONS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESSIN FACT, IMPLIED BY STATUTE, BY OPERATION OF LAW, OR STATUTORY WHICH MAY APPLY OTHERWISE, ARISING OUT OF, BY VIRTUE OF, RELATING TO, OR IN ANY WAY CONNECTED TO THIS APP THE SERVICES OR THE AGREEMENT OR ANY INFORMATION DISPLAYED DOCUMENTS REFERENCED HEREIN OR CONTENT ON ITIN ANY OTHER MATERIAL, INCLUDINGPRESENTATION, BUT NOT LIMITED TOOR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENTNON-INFRINGEMENT, LACK OF VIRUSES AND NON-INFRINGEMENT VIRUSES, FREE FROM ERROR OR THAT THE SERVICES WILL BE CONTINUOUSLY AVAILABLE DURING THE SERVICES’ STATED BUSINESS HOURS, NOR DO THEY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THIRD PARTY RIGHTSSUCH SERVICES OR THE ACCURACY OF INFORMATIONAL CONTENT. ASCENSIA THE BANK DOES NOT WARRANT AGAINST INTERFERENCE ASSUME RESPONSIBILITY FOR TIMELINESS OF, DELETION OF, MISROUTING OF OR FAILURE TO STORE ANY COMMUNICATIONS OR DATA. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING FROM OR IN CONNECTION WITH YOUR USE ANY INACCURACY, ACT OR ENJOYMENT FAILURE TO ACT ON THE PART OF ANY PERSON NOT WITHIN THE BANK’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE CUSTOMER, ANY FEDERAL RESERVE BANK OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVING PARTY OR RECEIVING BANK, AND NO SUCH PERSON OR ENTITY SHALL BE DEEMED THE BANK’S AGENT. THE CUSTOMER ACKNOWLEDGES THAT THE BANK HAS NOT ACTED AS THE CUSTOMER’S ADVISOR OR AS A FIDUCIARY WITH RESPECT TO THE AGREEMENT OR THE SERVICES. THE CUSTOMER ASSUMES THE ENTIRE RISK OF LOSS AS TO THE QUALITY AND PERFORMANCE OF THE APP OR THAT FUNCTIONS CONTAINED IN SERVICES AND THE APP WILL MEET YOUR REQUIREMENTS, DOCUMENTATION. SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. THE CUSTOMER EXPRESSLY AGREES THAT THE OPERATION USE OF SUCH SERVICE IS AT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERCUSTOMER’S SOLE RISK.

Appears in 1 contract

Samples: Business Online Banking Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE SITE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK ITS CONTENT ARE PROVIDED "AS-IS," "AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS AVAILABLE," WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED AS ISALL FAULTS,” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ACCURACYERRORS, QUIET ENJOYMENT, LACK OF VIRUSES PROBLEMS OR OTHER LIMITATIONS. WE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR ENJOYMENT SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN POSSIBILITY OF SUCH DAMAGES. THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE APP WILL BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND ITS CONTENT WOULD NOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR FORM 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER DOCUMENT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDISCLAIMED.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer. YOU OTHER THAN AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SET FORTH IN SECTION 8.1, EACH PARTY DISCLAIMS A L L WA R R A N T I E S , C O N D I T I O N S , A N D REPRESENTATIONS TO THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYOTHER PARTY REGARDING THIS AGREEMENT, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITYTHE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK AND THOSE ARISING FROM A COURSE OF VIRUSES DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSDISCLAIMED BY THINGTECH. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR NO WARRANTY IS MADE THAT USE OR ENJOYMENT OF THE APP SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT FUNCTIONS CONTAINED ANY ERRORS OR DEFECTS IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREECORRECTED, OR THAT DEFECTS THE SERVICES FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. LIMITATION OF LIABILITY. Exclusion of Damages. EXCEPT AS OTHERWISE PROVIDED IN THE APP SECTION 9.3, IN NO EVENT WILL EITHER PARTY BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES LIABLE TO THE APP OTHER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, OR DATA, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Liability Cap. EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.3, IN NO EVENT WILL THINGTECH’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING N E G L I G E N C E ) O R O T H E RW I S E , E X C E E D T H E AGGREGATE AMOUNTS PAID OR PAYABLE TO THINGTECH PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERCLAIM.

Appears in 1 contract

Samples: Saas Agreement

Disclaimer. ‌ THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU EXPRESSLY ACKNOWLEDGE MAY HAVE ADDITIONAL RIGHTS. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP POWERSIDE SOLUTIONS IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, WE DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE POWERSIDE SOLUTIONS WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITCOLLATERAL, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES PURPOSE AND NON-INFRINGEMENT INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE COURSE OF DEALING OR ENJOYMENT USAGE OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREETRADE, OR THAT DEFECTS IN THE APP POWERSIDE SOLUTIONS IS OR WILL BE CORRECTED. NO ORAL ERROR-FREE OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERWILL OPERATE WITHOUT INTERRUPTION.

Appears in 1 contract

Samples: powerside.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE a. THE AMAZON SITE AND AGREE THAT YOUR USE THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE APP IS SERVICES, YOU USE THE AMAZON SITE, THE SERVICES AND SELLER CENTRAL OR ANY ONLINE PORTAL OR TOOL PROVIDED BY AMAZON TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR SOLE RISK OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (1) ANY REPRESENTATIONS OR, WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF FUNCTIONS CONTAINED IN THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AMAZON SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITINTERRUPTIONS, INCLUDING, BUT NOT LIMITED TOTO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 1 contract

Samples: Services Business Solutions Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, TRACKWISE DIGITAL AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK ALL DOCUMENTATION, SUPPORT SERVICES AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS CONSULTING SERVICES ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT SPARTA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR STATUTORY WHICH MAY APPLY BY OPERATION OF LAW, OR STATUTORY, AS TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITMATTER WHATSOEVER. SPARTA (FOR ITSELF AND ITS AFFILIATES, INCLUDINGLICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TOTERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSATISFACTORY QUALITY, NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, LACK SECURITY OR ARISING FROM A COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING, USAGE OR TRADE PRACTICE, ALL OF THIRD PARTY RIGHTSWHICH ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ASCENSIA WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPARTA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT TRACKWISE DIGITAL OR ENJOYMENT OF THE APP SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR THAT FUNCTIONS CONTAINED IN THE APP WILL WITHOUT INTERRUPTION, BE ERROR FREE, MEET YOUR SUBSCRIBER’S REQUIREMENTS, THAT THE OPERATION OF THE APP WILL OR BE UNINTERRUPTED TIMELY OR ERROR-FREESECURE, OR THAT DEFECTS IN THE APP DATA PROVIDED THROUGH TRACKWISE DIGITAL WILL BE CORRECTEDACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 SUBSCRIBER MAY NOT APPLY MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF SPARTA TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERANY THIRD PARTY.

Appears in 1 contract

Samples: Trackwise Digital® Service Agreement

Disclaimer. YOU THE WARRANTIES SET FORTH IN SECTION 6.1 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY SJHS. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, SJHS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH DISCLAIMS ALL FAULTS AND WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, SUITABILITY, INTEGRATION, CURRENTNESS, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA SJHS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE PORTAL OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP HIE WILL MEET YOUR ANY AUTHORIZED USER’S OR PARTICIPANT’S REQUIREMENTS, THAT THE ACCESS TO OR OPERATION OR USE OF THE APP PORTAL OR THE HIE WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT DEFECTS IN THE APP PORTAL OR THE HIE, IF ANY, WILL BE CORRECTED, OR THAT RESULTS WILL BE TIMELY, ACCURATE, ADEQUATE OR COMPLETE. SJHS DOES NOT WARRANT OR REPRESENT THAT USE OF THE PORTAL OR THE HIE WILL RESULT IN COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, AND EACH AUTHORIZED USER AND EACH PARTICIPANT UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. 6.3 Limitation of Liability. SJHS SHALL HAVE NO ORAL LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR WRITTEN INFORMATION OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR ADVICE GIVEN PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF SJHS FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR CLAIM SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO SJHS BY ASCENSIATHE AUTHORIZED USER OR PARTICIPANT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, ITS AFFILIATESINCLUDING, SUPPLIERSWITHOUT LIMITATION, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME PARTIES UNDERSTAND THAT THE ENTIRE COST FOREGOING DISCLAIMERS 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 OF LIABILITY ARE MATERIAL TERMS OF THESE TERMS OF USE AND A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR SJHS TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES PROVIDE AUTHORIZED USERS AND PARTICIPANTS WITH ACCESS TO THE APP PORTAL AND NOT TO THE METER. HIE FOR THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSPECIFIED FEES, IF ANY.

Appears in 1 contract

Samples: Joseph Health Information Exchange Participation Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE SOME COUNTRIES AND AGREE THAT YOUR USE JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS CONTENTS OF THIS SECTION MAY NOT APPLY TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND THE SERVICE “AS AVAILABLE”, WITH DISCLAIM ALL FAULTS WARRANTIES AND WITHOUT WARRANTY CONDITIONS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONWHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ASCENSIAWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, WE SPECIFICALLY DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, QUIET ENJOYMENTQUALITY, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF NONINFRINGEMENT, THAT THE APP OR THAT FUNCTIONS CONTAINED IN THE APP SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APP OUR SERVICES WILL ALWAYS BE UNINTERRUPTED AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DO NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ORDERING ACTIVITY CONTENT, MENTIONS, AND ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WE DO NOT CONTROL OR VET ORDERING ACTIVITY CONTENT OR MENTIONS AND WE ARE NOT RESPONSIBLE FOR WHAT OTHER USERS POST, TRANSMIT, OR THAT DEFECTS SHARE ON OR THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE APP WILL BE CORRECTEDSERVICES, INCLUDING THE FAILURE OF ANY SUCH SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES. NO ORAL WE EXPRESSLY DENY ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR WRITTEN INFORMATION OTHER UNAUTHORIZED ACCESS OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS USE OF THE LIMITED WARRANTY PROVIDED WITH SERVICES OR YOUR ACCOUNT OR THE METERINFORMATION CONTAINED THEREIN. The foregoing exclusion/limitation of liability shall not apply to (1) personal injury or death resulting from Hootsuite’s negligence; (2) for fraud; or (3) for any other matter for which liability cannot be excluded by law.

Appears in 1 contract

Samples: Attachment a Hootsuite

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, SISW MAKES NO WARRANTIES EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONTHE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT. ASCENSIAREPRESENTATIONS ABOUT SUBSCRIPTION OFFERINGS OR FEATURES OR FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM NOT A WARRANTY OR GUARANTEE. SISW DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA SISW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP (A) ALL REPORTED ERRORS WILL BE UNINTERRUPTED CORRECTED OR ERROR-ALL SUPPORT REQUESTS WILL BE RESOLVED TO MEET CUSTOMER’S NEEDS, (B) SUBSCRIPTION OFFERINGS OR ANY THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, FAIL-SAFE, FAULT-TOLERANT OR THAT DEFECTS IN THE APP FREE OF HARMFUL COMPONENTS, (C) ANY CONTENT, INCLUDING CUSTOMER CONTENT AND THIRD PARTY CONTENT, WILL BE CORRECTED. NO ORAL SECURE OR WRITTEN INFORMATION NOT OTHERWISE LOST OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDAMAGED.

Appears in 1 contract

Samples: Cloud Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE PRODUCTS NOT MANUFACTURED BY INNOWI AND AGREE PROVIDED BY THIRD-PARTIES, EVEN THOUGH MADE AVAILABLE TO THE BUYER BY INNOWI, ARE NOT COVERED BY THIS LIMITED WARRANTY POLICY. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, INNOWI AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARDS TO THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, RELIABILITY, AVAILABIL- ITY, SUITABILITY, ACCURACY, COMPLETENESS, FIT- NESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ER- ROR FREE, OR THAT THE SERVICE IS SECURE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE DOES NOT INFRINGE THE RIGHTS OF ANY PERSON, OR THAT THE QUALITY OF SERVICES WILL MEET YOUR REQUIREMENTS. INNOWI DOES NOT WARRANT OR GUARNATEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DIS- COVERED, REPORTED, OR REMEDIED OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD-PARTIES OR THAT HARDWARE OR SOFT- XXXX, WILL BE COMPATIBLE WITH FUTURE PROD- UCTS OR SOFTWARE VERSIONS OR INTEROPERATE WITH THIRD PARTY HARDWARE OR SOFTWARE. USE OF THE APP SERVICE IS AT YOUR SOLE OWN RISK AND THAT TO THE ENTIRE RISK AS TO SATISFACTORY QUALITYMAXIMUM EXTENT PERMITTED BY APPLI- CABLE LAW, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP SERVICE IS PROVIDED “AS IS”. THE REMEDY SET FORTH IN THIS HARDWARE WAR- RANTY SECTION ABOVE IS BUYER’S EXCLUSIVE REMEDY FOR WARRANTY CLAIMS AND THE SERVICE “AS AVAILABLE”, WITH IS EX- PRESSLY IN LIEU OF ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONOTHER REMEDIES THAT MAY BE AVAILABLE TO BUYER AT LAW OR IN EQ- UITY. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES EVENT SHALL INNOWI OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVEAFFILI- ATES, YOU ASSUME THE ENTIRE COST RESPECTIVE DIRECTORS, OFFICERS, EM- PLOYEES, AGENTS OR SUBCONTRACTORS, BE LIA- BLE UNDER ANY THEORY OF ALL NECESSARY SERVICINGTORT, REPAIR CONTRACT, STRICT LIABILITY OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERCONSEQUENTIAL DAMAGES WHATSOEVER.

Appears in 1 contract

Samples: innowi.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP SERVICE IS PROVIDED ON AN AS AS-IS” BASIS AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ARVIG DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR STATUTORY WHICH MAY APPLY BY OPERATION OF LAW), OR STATUTORY, AS TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, MATTER WHATSOEVER. ARVIG EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENTTITLE, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT. ASCENSIA ARVIG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THAT THE APP SERVICE IS ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SERVICE WILL BE UNINTERRUPTED SECURE OR ERROR-FREEUNINTERRUPTED. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIAEVENT SHALL ARVIG, ITS AFFILIATES, SUPPLIERSDIRECTORS, LICENSEES EMPLOYEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD LICENSORS BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR BUSINESS OR OTHER INTANGIBLE LOSSES, OR THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, (B) ANY MATTER BEYOND ITS REASONABLE CONTROL OR (C) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING 12 MONTHS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ARVIG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION OR CONTENT CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARVIG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL NECESSARY SERVICINGPERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, REPAIR VIRUSES, TROJAN HORSES, OR CORRECTIONTHE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE EXCLUSION ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARVIG HAS BEEN ADVISED OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS THE POSSIBILITY OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSUCH DAMAGE. THE FOREGOING DISCLAIMER LIMITATION OF WARRANTIES APPLIES LIABILITY SHALL APPLY TO THE APP AND NOT TO FULLEST EXTENT PERMITTED BY LAW IN THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERAPPLICABLE JURISDICTION.

Appears in 1 contract

Samples: arvig.net

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE CREDIT UNION'S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREE THAT YOUR LIABILITIES, AND MEMBER'S RIGHTS AND REMEDIES, AS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. USE OF THE APP IS PRODUCT AND SERVICES AND ALL RELATED INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) ARE PROVIDED AT YOUR SOLE MEMBER’S OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE” BASIS. CREDIT UNION AND EACH OF ITS PARENTS, WITH SUBSIDIARIES AND AFFILIATES HEREBY DISCLAIM, AND MEMBER HEREBY WAIVES AND RELEASES CREDIT UNION, EACH OF ITS PARENTS, SUBISDIIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ALL FAULTS AND WITHOUT WARRANTY OTHER REPRESENTATIONS, WARRANTIES OF ANY KINDNATURE, EXCEPT FOR FRAUD OBLIGATIONS AND FRAUDULENT MISREPRESENTATION. ASCENSIALIABILITIES, ITS AFFILIATESWHETHER WRITTEN, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSORAL, EXPRESS, OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE PRODUCTS, OR OTHER MATTERS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (a) ANY IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A SPECIFIC USE, FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (b) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (c) ANY WARRANTIES OF TIMELINESS OR NON- INFRINGEMENT; AND (d) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSOR FREEDOM FROM ERROR. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT NOTWITHSTANDING THE GENERALITY OF THE APP FOREGOING, NEITHER CREDIT UNION NOR EACH OF ITS PARENTS, SUBSIDIARIES AND AFFILIATES OR SERVICE PROVIDERS WARRANT THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP PRODUCT OR THE SERVICES WILL MEET MEMBER’S REQURIEMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREEFREE OR THAT THEIR OPERATION WILL BE TIMELY, SECURE, OR UNINTERRUPTED. NEITHER CREDIT UNION NOR EACH OF ITS PARENTS, SUBSIDIARIES AND AFFILIATES OR SERVICE PROVIDERS WARRANT THAT DEFECTS THE RESULTS OBTAINED BY USING THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE APP SERVICES AND RELATED TECHNOLOGY WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 1 contract

Samples: Merchant Remote Deposit Capture Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OTHER THAN THE LIMITED WARRANTIES UNDER SECTION 11 MAXIMIZER PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, LICENSED SOFTWARE DOCUMENTATION, TECHNICAL SUPPORT, THIRD PARTY PRODUCT MAINTENANCE OR ANY OTHER MATTERS RELATED TO THIS AGREEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, MAXIMIZER DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, PERFORMANCETITLE OR NON-INFRINGEMENT. MAXIMIZER DOES NOT GUARANTEE THAT THE LICENSED SOFTWARE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT TECHNICAL SUPPORT OR THE USABILITY OF THIRD PARTY APPSPRODUCT MAINTENANCE PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, PERFORM ERROR- FREE OR UNINTERRUPTED, THAT MAXIMIZER WILL CORRECT ALL LICENSED SOFTWARE ERRORS, INCLUDING WITHOUT LIMITATION NON CONFORMITY WITH THE LIMITED WARRANTY, OR THAT MAXIMIZER, VINEYARDSOFT CORPORATION, OR MICROSOFT CORPORATION WILL CORRECT ALL ERRORS, WHETHER DIAGNOSED AS SUCH OR NOT. MAXIMIZER SUPPLIES THE APP IS PROVIDED LICENSED SOFTWARE, THE TECHNICAL SUPPORT AND THE THIRD PARTY PRODUCT MAINTENANCE “AS IS” AND TO THE SERVICE “AS AVAILABLE”EXTENT PERMITTED BY LAW, WITH THE LIMITED WARRANTY IS EXCLUSIVE AND TAKES THE PLACE OF ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OTHER EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, CUSTOM, USAGE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND ACCURACY. ASCENSIA DOES NOT NONE OF MAXIMIZER, VINEYARDSOFT CORPORATION, MICROSOFT CORPORATION OR ANY OTHER THIRD PARTY LICENSORS OF ANY THIRD PARTY SOFTWARE WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP LICENSED SOFTWARE, WORKFLOW AUTOMATION SERVER, MICROSOFT SQL SERVER OR OTHER THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEINTEGRATE ERROR- FREE WITH ALL AVAILABLE APPLICATIONS AND OPERATING SYSTEMS, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN INCLUDING WITHOUT LIMITATION THOSE UTILIZED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 1 contract

Samples: License Agreement

Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, BOTH EXPRESSED AND IMPLIED. LEANPATH, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. LEANPATH DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE CUSTOMER DATA OR WASTE DATA WILL NOT BE LOST OR DAMAGED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOURISK. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIALEANPATH, ITS AFFILIATES, SUPPLIERS, LICENSEES SUPPLIERS AND ITS REPRESENTATIVES, LICENSORS DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR AND EXCLUDE ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSDEALING, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREELAW, USAGE, OR THAT DEFECTS TRADE PRACTICE TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE APP WILL BE CORRECTEDWARRANTY PERIOD. NO ORAL BECAUSE SOME STATES OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 CONSUMERHOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. LEANPATH MAKES NO WARRANTIES WITH RESPECT TO YOU. THE FOREGOING DISCLAIMER SERVICES WHICH ARE PROVIDED AT NO CHARGE, ALL OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY WHICH ARE PROVIDED WITH THE METER“AS IS.

Appears in 1 contract

Samples: Leanpath® Online

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT FOR THE APP IS AT YOUR SOLE RISK AND THAT FOREGOING WARRANTY, TO THE ENTIRE RISK AS TO SATISFACTORY QUALITYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS TENFOLD SERVICES ARE PROVIDED "AS IS" AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, WE HEREBY DISCLAIM ALL CONDITIONSWARRANTIES AND CONDITIONS WITH RESPECT THERETO, WARRANTIES, REPRESENTATIONS, EITHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, LACK AND OF VIRUSES AND NONNONINFRINGEMENT OF THIRD-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR CUSTOMER’S ENJOYMENT OF THE APP OR TENFOLD SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE APP TENFOLD SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE APP TENFOLD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP TENFOLD SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES THAT WE GIVE SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERAPPLY.

Appears in 1 contract

Samples: Tenfold Master Subscription Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE REPRESENTED AND/OR WARRANTED UNDER THIS AGREEMENT, SCIENCELOGIC DISCLAIMS, TO THE MAXIMUM EXTENT ENFORCEABLE BY LAW, ANY AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, OTHER WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, QUIET ENJOYMENTSYSTEM INTEGRATION, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSANY OTHER WARRANTIES THAT MAY OTHERWISE BE IMPLIED. ASCENSIA CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING PRODUCTS TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SCIENCELOGIC SL1 SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISION, SCIENCELOGIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THAT THE APP SOFTWARE WILL BE ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE APP USE OF, OR ACCESS TO, SUCH SOFTWARE WILL MEET YOUR REQUIREMENTSBE UNINTERRUPTED, THAT THE OPERATION OF THE APP SCIENCELOGIC WILL BE UNINTERRUPTED OR ERROR-FREECORRECT ALL SOFTWARE DEFECTS, OR THAT DEFECTS IN THE APP SCIENCELOGIC OFFERINGS WILL BE CORRECTEDMEET CUSTOMER’S REQUIREMENTS. NO ORAL WARRANTIES ARE MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OR WRITTEN INFORMATION DEALING, OR ADVICE GIVEN BY ASCENSIATRADE USAGE. 12. Exclusions of Remedies. NEITHER PARTY WILL HAVE LIABILITY FOR ANY INDIRECT, ITS AFFILIATESINCIDENTAL, SUPPLIERSCONSEQUENTIAL, LICENSEES SPECIAL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVEPUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS REGARDLESS OF THE LIMITED WARRANTY PROVIDED WITH THEORY OF LIABILITY (INCLUDING THEORIES OF CONTRACTUAL LIABILITY, TORT LIABILITY, OR STRICT LIABILITY), NOR LIABILITY FOR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF THE METERPARTY FROM WHOM THOSE DAMAGES ARE SOUGHT KNEW OR SHOULD HAVE KNOWN THAT THOSE KINDS OF DAMAGES WERE POSSIBLE. HOWEVER, THIS PARAGRAPH SHALL NOT LIMIT OR MODIFY EITHER PARTY’S RIGHTS OR OBLIGATIONS ARISING FROM BREACH OF SECTION 8 (CONFIDENTIALITY) OR ARISING FROM ONE PARTY’S INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSET OUT IN THIS XXXX, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED ALL SERVICES ARE FURNISHED BY ARTERYS “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS FAULTS, AND WITHOUT WARRANTY ARTERYS DOES NOT MAKE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS, ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OR CONDITION OF INTEROPERABILITY, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT WITHOUT LIMITING THE GENERALITY OF THE APP FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTERYS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY PARTICULAR DATA (INCLUDING IMAGES) GENERATED BY THE SERVICE OR THE ABILITY OF THE SERVICE TO ACCURATELY ASSIST IN THE DETECTION OF DISEASE THEREOF OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREEUNINTERRUPTED, TIMELY, SECURE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, CONDITIONS SO THE ABOVE EXCLUSION AND LIMITATIONS EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERArterys accepts no responsibility whatsoever for products, whether software or hardware, which are manufactured by persons other than Arterys or its affiliates unless otherwise agreed in writing between the Licensee and Arterys.

Appears in 1 contract

Samples: www.arterys.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYCYGILANT DISCLAIMS ALL WARRANTIES, PERFORMANCEEXPRESS OR IMPLIED, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”WRITTEN OR ORAL, WITH ALL FAULTS AND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, ACCURACYAND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, QUIET ENJOYMENT, LACK OR FROM A COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING OR USAGE OF THIRD PARTY RIGHTSTRADE. ASCENSIA CYGILANT SPECIFICALLY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR THAT: (I) THE SERVICES SHALL MEET ALL OF CUSTOMER’S REQUIREMENTS OR SHALL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSBY CUSTOMER, THAT (II) THE OPERATION OF THE APP WILL SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREEFREE OR UNINTERRUPTED, (III) ALL ERRORS OR THAT DEFECTS IN THE APP WILL SERVICES SHALL BE CORRECTED. NO ORAL , OR WRITTEN INFORMATION OR ADVICE GIVEN (IV) ANY SECURITY MECHANISMS IMPLEMENTED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONSERVICES WILL NOT HAVE INHERENT LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THAT THE ABOVE EXCLUSION AND LIMITATIONS EXCLUSIONS MAY NOT APPLY TO YOUCUSTOMER. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DISCLAIMER THIRD PARTY SOFTWARE AND ANY EVALUATION SERVICES ARE PROVIDED TO CUSTOMER “AS IS” WITHOUT WARRANTY OF WARRANTIES APPLIES ANY KIND BY CYGILANT, INCLUDING BUT NOT LIMITED TO THE APP AND NOT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY CYGILANT EMPLOYEES, A RESELLER OR OTHERWISE, SHALL BE DEEMED A WARRANTY BY CYGILANT FOR ANY PURPOSE OR GIVE RISE TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS ANY LIABILITY OF THE LIMITED WARRANTY PROVIDED WITH THE METERCYGILANT WHATEVER UNLESS CONTAINED IN THIS AGREEMENT.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, THE APPLICATION SERVICES AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK LICENSED TECHNOLOGY AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYANY OTHER MATERIALS, PERFORMANCESOFTWARE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS CONTENT, DATA AND/OR SERVICES PROVIDED BY NSI ARE PROVIDED “AS IS” AND THE SERVICE AS AVAILABLE”, WITH ALL FAULTS FAULTS,” AND WITHOUT WARRANTY SUBSCRIBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, USE AND RESULTS THEREOF. NSI EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KINDKIND OR NATURE, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, QUIET ENJOYMENT, LACK OF VIRUSES AND QUALITY OR NON-INFRINGEMENT INFRINGEMENT. NO WARRANTY IS MADE BY NSI ON THE BASIS OF THIRD PARTY RIGHTSTRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ASCENSIA NO EMPLOYEE OR CONTRACTOR OF NSI (INCLUDING ANY SALESPERSON OR INSTALLER) IS AUTHORIZED TO CREATE ANY WARRANTY OR PROMISE, OR MODIFY ANY PROVISION OF THIS AGREEMENT. NSI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THE VALUE, ACCURACY OR ENJOYMENT SECURITY OF ANY DATA. NSI DOES NOT WARRANT THAT THE APP HARDWARE, DATA SERVICES (OR THAT FUNCTIONS CONTAINED IN THE APP ANY OTHER HARDWARE, SOFTWARE, INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT) WILL MEET YOUR REQUIREMENTS, SUBSCRIBER’S REQUIREMENTS OR THAT THE OPERATION OF THE APP THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP ALL ERRORS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIASUBSCRIBER ACKNOWLEDGES THAT NSI’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. THE SOLE OBLIGATION AND LIABILITY OF NSI, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES AND THE SOLE AND EXCLUSIVE REMEDY OF SUBSCRIBER FOR ANY BREACH OF WARRANTY SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, BE REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION REPLACEMENT OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF HARDWARE HAVING A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDEFECT AS SET FORTH IN THIS SECTION 3.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer. YOU ANY EXPRESS WARRANTIES AS MAY BE SET FORTH IN THE AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE PRODUCTS, SERVICES AND DELIVERABLES. MOODY’S EXPRESSLY ACKNOWLEDGE DISCLAIMS ALL OTHER REPRESENTATIONS AND AGREE THAT YOUR USE WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION WARRANTIES OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYACCURACY, PERFORMANCETIMELINESS, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” COMPLETENESS, RESULTS, AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED IMPL IED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYEVEN IF MOODY’S HAS BEEN INFORMED OF SUCH PURPOSE, QUIET ENJOYMENTOR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, LACK COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING, OR USAGE OF THIRD PARTY RIGHTSTRADE. ASCENSIA MOODY’S SHALL NOT BE RESPONSIBLE FOR ANY USE OF THE PRODUCTS, SERVICES OR DELIVERABLES BY CLIENT AND/OR AUTHORIZED USERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOODY’S DOES NOT WARRANT AGAINST INTERFERENCE OR GUARANTEE THAT THE PRODUCTS, SERVICES OR DELIVERABLES WILL ACCURATELY PREDICT COUNTERPARTY RISK, CREDIT RISK OR LOSS, OR PREVENT BAD DECISIONS REGARDING EXTENSIONS OF CREDIT, INVESTMENTS, LOANS, OR OTHER BUSINESS ACTIVITIES, NOR SHALL MOODY’S BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUCH DECISIONS. MOODY’S MAKES NO REPRESENTATION OR WARRANTY WITH YOUR USE RESPECT TO HARDWARE OR ENJOYMENT NETWORK DOWNTIME, INTERFERENCE, BANDWIDTH, INTERRUPTION, OUTAGE, OR QUALITY OR SPEED OF THE APP ACCESS OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, TRANSMISSION OF DATA OR THAT THE OPERATION OF THE APP PRODUCTS WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. NO EMPLOYEE, DEALER, DISTRIBUTOR, REPRESENTATIVE OR THAT DEFECTS AGENT OF XXXXX’X IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF MOODY’S AS SET FORTH HEREIN. THE DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIAAGREEMENT ARE MADE ON BEHALF OF MOODY’S , ITS AFFILIATES, SUPPLIERS, LICENSEES OR AFFILIATES AND ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLICENSORS.

Appears in 1 contract

Samples: Master Subscription and Services Terms and Conditions

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCLUDING ANY OTHER REPRESENTATIONS, WARRANTIES AND AGREE THAT YOUR USE OF INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT, THE APP IS AT YOUR SOLE RISK SOFTWARE AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS ANY LICENSOR MATERIALS FURNISHED BY LICENSOR UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE”BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, FURTHER WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, PERFORMANCE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR, ACCURACYAND ITS PARENTS, QUIET ENJOYMENTSUBSIDIARIES, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUPPLIERS, OR AGENTS (THE “LICENSOR PARTIES”) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THAT THE APP OR THAT FUNCTIONS CONTAINED IN THE APP SOFTWARE AND ANY LICENSOR MATERIALS WILL MEET YOUR LICENSEE’S NEEDS OR REQUIREMENTS, OR THAT THE OPERATION OF THE APP WILL SOFTWARE AND ANY LICENSOR MATERIALSWILL BE UNINTERRUPTED OR ERROR-ERROR FREE. ANY WARRANTIES IMPLIED BY LAW, BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR THAT DEFECTS IN OTHERWISE, ARE HEREBY EXCLUDED TO THE APP WILL BE CORRECTEDFULLEST EXTENT PERMITTED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS LICENSOR PARTIES DO NOT ALLOW WARRANT THAT THE EXCLUSION USE OF IMPLIED WARRANTIES THE SOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY PARTICULAR LEVEL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS TYPE OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUFINANCIAL RESULTS FOR LICENSEE. THE FOREGOING DISCLAIMER EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF WARRANTIES APPLIES TO THIS AGREEMENT AND FORMED THE APP BASIS FOR DETERMINING THE CONSIDERATION CHARGED FOR THE LICENSES AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY OPPORTUNITIES PROVIDED WITH THE METERHEREUNDER.

Appears in 1 contract

Samples: Software Licensing Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP PLATFORM IS PROVIDED ON AN "AS IS” AND THE SERVICE “", "AS AVAILABLE”, " AND "WITH ALL FAULTS AND WITHOUT WARRANTY FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DEALMTRX, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KINDKIND WHATSOEVER, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS RELATED TO: (1) THE PLATFORM; (2) ANY INFORMATION OR USER CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DEALMTRX, OR VIA THE PLATFORM. ASCENSIAIN ADDITION, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, WE DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, LACK SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. DEALMTRX DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE FROM ANY HARMFUL COMPONENTS. DEALMTRX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. DEALMTRX DOES NOT WARRANT THAT USER’S USE OF VIRUSES THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DEALMTRX SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. DEALMTRX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USER’S USE OF THE DEALMTRX PLATFORM AND/OR ANY SERVICES. DEALMTRX DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, SOFTWARE AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEALMTRX MAKES NO WARRANTIES REGARDING THIRD PARTY WEBSITE AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR USER’S USE OF OR RELIANCE ON SUCH THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERWEBSITE.

Appears in 1 contract

Samples: Dealmtrx User Agreement and Terms of Use

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND AGREE THAT YOUR USE OF FREEBIE OFFERS FROM OR LISTED THROUGH THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SITE ARE PROVIDED “AS "AS-IS” AND THE SERVICE “," "AS AVAILABLE”, WITH ," AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESSARE DISCLAIMED, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYWITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, QUIET ENJOYMENTERRORS, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPROBLEMS OR OTHER LIMITATIONS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR ENJOYMENT SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN POSSIBILITY OF SUCH DAMAGES. THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE APP WILL BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN WRITTEN, OBTAINED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES YOU FROM US THROUGH THE SITE SHALL CREATE A ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME INFORMATION AND ALL OTHER MATERIALS ON THE ENTIRE COST SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL NECESSARY SERVICING, REPAIR INFORMATION AVAILABLE ON THIS SITE 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER ANY WEBSITE WITH WHICH IT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLINKED.

Appears in 1 contract

Samples: cdn.ymaws.com

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF PROVIDED IN SECTION 11.2, THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS SUBSCRIPTION SERVICE (INCLUDING BUT NOT LIMITED TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED ALL EVALUATION SERVICES) ARE OFFERED “AS IS” AND THE SERVICE “"AS AVAILABLE”, WITH ALL FAULTS " AND WITHOUT YOU RECEIVE NO WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY WHICH MAY APPLY TO THIS APP OR OTHERWISE. WE, OUR AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE AND NON- INFRINGEMENT; AND ANY WARRANTY ARISING FROM COURSE OF DEALING, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSUSAGE OR TRADE PRACTICE. ASCENSIA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR THAT THE USE OR ENJOYMENT OPERATION OF ANY OF THE APP SUBSCRIPTION SERVICES WILL BE SECURE, UNINTERRUPTED, FREE OF HARMFUL CODE OR ERROR FREE OR THAT FUNCTIONS CONTAINED THE SUBSCRIPTION SERVICE WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE, EQUIPMENT OR HARDWARE (EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE APP DOCUMENTATION), OR THAT THE SUBSCRIPTION SERVICE WILL NOT CAUSE ANY LOSS OR CORRUPTION OF DATA, OR THAT THE SUBSCRIPTION SERVICE WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS. SUBSCRIPTION SERVICE MAY BE SUBJECT TO LIMITATIONS, THAT DELAYS, AND OTHER PROBLEMS INHERENT IN THE OPERATION USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREEINTERNET, TELEPHONIC AND ELECTRONIC COMMUNICATIONS AND WE ARE NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDOTHER DAMAGE AS A RESULT. NO EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF SECUREAUTH HAS THE AUTHORITY TO BIND US TO ANY ORAL REPRESENTATIONS OR WARRANTY CONCERNING THE SUBSCRIPTION SERVICES. ANY WRITTEN INFORMATION REPRESENTATIONS OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO WARRANTIES 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METEREXPRESSLY CONTAINED IN THIS AGREEMENT ARE UNENFORCEABLE.

Appears in 1 contract

Samples: Cloud Subscription Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE FOREGOING WARRANTIES BY EACH PARTY CONCERNING THE SERVICES, ANY DELIVERABLES AND AGREE THAT YOUR USE ANY WORK PRODUCT, ARE IN LIEU OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYALL OTHER WARRANTIES, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”EXPRESS OR IMPLIED, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY RESPECT TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITAGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET-OFF NOR FOR ANY INDIRECT, ACCURACYCONSEQUENTIAL, QUIET ENJOYMENTEXEMPLARY, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT HAS BEEN ADVISED OF THE APP POSSIBILITY OF SUCH DAMAGES. Limitation of liability EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS DESCRIBED IN SECTION 8, EACH PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR THAT FUNCTIONS CONTAINED BY STATUTE OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION AGGREGATE BE LIMITED TO AN AMOUNT OF FIFTY PERCENT (50%) OF THE APP WILL BE UNINTERRUPTED FEES PAID TO PROVIDER BY CLIENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING IN WHICH THE EVENT THE LIABILITY IS PREDICATED FOR SERVICES PROVIDED BY PROVIDER HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED OR ERRORIMPLIED HEREIN, PROVIDER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RELATING TO THE TOOLS, THIRD-FREEPARTY PRODUCTS, OR THAT DEFECTS IN ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY PROVIDER. CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE FOR PROVIDER, UPON RECEIPT OF WRITTEN NOTICE PURSUANT, TO USE COMMERCIALLY REASONABLE EFFORTS TO CURE THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIABREACH AT ITS EXPENSE, ITS AFFILIATESAND FAILING THAT, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME RETURN OF FEES PAID TO PROVIDER FOR 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES WORK RELATED TO THE APP AND NOT TO THE METERBREACH IN ACCORDANCE WITH THIS SECTION 10. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.In no event shall either Party be liable for consequential, incidental or punitive loss, damage or expenses (including but not limited to business interruption, lost business, or lost savings) even if it has been advised of their possible existence. Any action by either Party must be brought within two (2) years after the cause of action arose. The allocations of liability in this Section 10 represent the agreed and bargained-for understanding of the parties and Provider’s compensation for the Services reflects such allocations. Definitions

Appears in 1 contract

Samples: Service Specification

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYMATERIALS IN THIS Tanglewood HOA, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS Inc. SITE ARE PROVIDED "AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS " AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, the HOA AND FRAUDULENT MISREPRESENTATION. ASCENSIAITS CONTRACTORS, ITS AGENTS, AFFILIATES, SUPPLIERSPARTNERS, LICENSEES AND ITS REPRESENTATIVESINTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY “HOA PARTIES”) , DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES The HOA PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THAT THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP MATERIALS ON ANY HOA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED, OR THAT ANY HOA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL The HOA PARTIES DO NOT WARRANT OR WRITTEN INFORMATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR ADVICE GIVEN BY ASCENSIATHE RESULTS OF THE USE OF THE MATERIALS ON ANY HOA SITE IN TERMS OF THEIR CORRECTNESS, ITS AFFILIATESACCURACY, SUPPLIERS, LICENSEES RELIABILITY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTYOTHERWISE. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METERThe HOA Parties explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any HOA site. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERThe HOA Parties cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any HOA site or third party content on any HOA site. The HOA Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the HOA Parties with respect to such sites and third party content. The HOA Parties strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Appears in 1 contract

Samples: www.davidpearsoncommunities.com

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Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE INFORMATION, CONTENT AND AGREE THAT YOUR USE OF DOCUMENTS FROM OR THROUGH THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SITE ARE PROVIDED “AS "AS-IS” AND THE SERVICE “," "AS AVAILABLE," WITH “ALL FAULTS”, WITH AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ACCURACYERRORS, QUIET ENJOYMENT, LACK OF VIRUSES PROBLEMS OR OTHER LIMITATIONS. WE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR ENJOYMENT SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE APP OR THAT FUNCTIONS CONTAINED IN POSSIBILITY OF SUCH DAMAGES. THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE APP WILL BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR FORM 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER DOCUMENT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERDISCLAIMED.

Appears in 1 contract

Samples: cicnurse.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP APPLICATIONS IS AT YOUR SOLE NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED PARTIES, INCLUDING DISPATCHERS, LAW ENFORCEMENT OFFICERS, INVESTIGATORS OR FIRST RESPONDERS. THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE DATA PROVIDED BY MARK43 THEREIN (INCLUDING ANY THIRD-PARTY DATA) SHOULD NOT REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED- UPON IN AN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO RESPONSIBILITY OR RISK AND FOR SUBSCRIBER’S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. CUSTOMER ACKNOWLEDGES THAT THE ENTIRE RISK AS APPLICATIONS DO NOT PROVIDE LEGAL ADVICE. TO SATISFACTORY QUALITYTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY MARK43 MAKES NO WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM SPECIFICALLY DISCLAIMS ALL CONDITIONS, IMPLIED WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR INCLUDING ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE WITH RESPECT TO THE APPLICATION. ASCENSIA MARK43 DOES NOT WARRANT AGAINST INTERFERENCE THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR DAMAGED. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH YOUR USE OR ENJOYMENT THE PROVISION OF THE APP SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR THAT FUNCTIONS CONTAINED OTHER PROBLEMS INHERENT IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION USE OF THE APP WILL BE UNINTERRUPTED INTERNET AND ELECTRONIC COMMUNICATIONS OR ERROROTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY ITS HOSTING PROVIDERS. MARK43 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD-FREEPARTY DATA, THIRD-PARTY COMPONENT, INTEGRATED APPLICATION, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST ON BEHALF 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERANY INTEGRATED APPLICATION PROVIDER.

Appears in 1 contract

Samples: Software License and Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE PURCHASER ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE PURCHASER HAS BEEN GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO INSPECT AND INVESTIGATE THE PROPERTY AND PERFORM ALL DUE DILIGENCE OF THE APP IS AT YOUR SOLE RISK PROPERTY THAT PURCHASER MAY DESIRE TO DO. THE CLOSING SHALL BE CONCLUSIVE EVIDENCE THAT PURCHASER HAS ACCEPTED AND THAT APPROVED THE ENTIRE RISK PROPERTY IN ALL RESPECTS; EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES MADE BY SELLER CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE IN ARTICLE 5. AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION A MATERIAL PART OF THE APP MAY AFFECT CONSIDERATION FOR THIS AGREEMENT, SELLER AND PURCHASER AGREE THAT, NOTWITHSTANDING ANYTHING TO THE USABILITY OF THIRD PARTY APPS. CONTRARY, AND EXCEPT FOR SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE IN ARTICLE 5, THE APP PROPERTY IS PROVIDED CONVEYED, ASSIGNED AND TRANSFERRED BY SELLER TO PURCHASER “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF DEFECTS, AND PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONSREPRESENTATIONS, WARRANTIES, REPRESENTATIONSPROMISES, EXPRESSCOVENANTS, IMPLIED AGREEMENTS OR STATUTORY WHICH MAY APPLY GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THIS APP (A) THE NATURE, QUALITY OR ANY INFORMATION DISPLAYED OR CONTENT ON ITCONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES THE WATER, SOIL, AND GEOLOGY, OR THE PRESENCE OR ABSENCE OF MERCHANTABILITYANY POLLUTANT, SATISFACTORY QUALITYHAZARDOUS WASTE, FITNESS FOR A PARTICULAR PURPOSEGAS OR SUBSTANCE OR SOLID WASTE ON OR ABOUT THE PROPERTY, ACCURACY(B) THE INCOME TO BE DERIVED FROM THE PROPERTY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT (C) THE SUITABILITY OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AFFILIATES 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 NOMINEES MAY NOT APPLY INTEND TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.CONDUCT THEREON,

Appears in 1 contract

Samples: Purchase and Sale Agreement

Disclaimer. YOU THE WARRANTIES SET FORTH SECTION 6.1 ARE MADE FOR THE BENEFIT OF CLIENT ONLY. EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED IN THIS AGREEMENT OR AN ORDER, THE USER GUIDE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK PRODUCT AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS OR SERVICES ARE PROVIDED “AS IS,” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS POTENTIATE MAKES NO (AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES PURPOSE OR THE RESULTS CLIENT MAY OBTAIN BY USING THE PRODUCT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSOR SERVICES. ASCENSIA POTENTIATE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP THAT ALL ERRORS CAN BE CORRECTED, OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL PRODUCT AND OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE, FREE OR THAT IT WILL CORRECT ALL DEFECTS IN OR PREVENT UNAUTHORIZED ACCESS. POTENTIATE DOES NOT WARRANT THAT THE APP PRODUCT AND OR SERVICES WILL BE CORRECTEDCOMPATIBLE WITH CLIENT’S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. NO ORAL POTENTIATE DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY CLIENT DATA DELAYED, LOST, ALTERED, INTERCEPTED OR WRITTEN INFORMATION STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR ADVICE GIVEN CONTROLLED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONPOTENTIATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUCLIENT. IN NO EVENT SHALL POTENTIATE BE REQUIRED TO PROVIDE, OR BEAR ANY RESPONSIBILITY FOR, ANY TELECOMMUNICATIONS OR COMPUTER NETWORK HARDWARE REQUIRED BY CLIENT OR ANY AUTHORIZED USER TO ACCESS THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO PRODUCT AND OR SERVICES FROM THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERINTERNET.

Appears in 1 contract

Samples: global-uploads.webflow.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE AIRCRAFT SHALL BE SOLD, TRANSFERRED AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED ASSIGNED IN ITS “AS IS, WHERE ISAND CONDITION AT THE SERVICE “AS AVAILABLE”TIME OF DELIVERY AND, WITH ALL FAULTS THE EXCEPTION OF THE REPRESENTATIONS AND WITHOUT WARRANTY WARRANTIES PROVIDED FOR IN SECTION 4 HEREOF AND IN THE BILL OF SALE DELIVERED HEREUNDER, SELLER MAKES NO WXXXXNTIES, GUARANTEES OR REPRESENATIONS OF ANY KIND, EXCEPT FOR FRAUD EITHER EXPRESS OR IMPLED, STATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY OF THE AIRCRAFT OR OTHER ITEMS DELIVERED BY SELLER TO BUYER HEREUNDER. BUYER WAIVES, RELEASES AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM RENOUNCES ALL CONDITIONS, WARRANTIES, REPRESENTATIONSOBLIGATIONS AND LIABILITIES OF SELLER, EXPRESSEXPRESS OR IMPLIED, IMPLIED ARISING BY LAW OR STATUTORY WHICH MAY APPLY OTHERWISE WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE AIRCRAFT, AIRCRAFT RECORDS OR OTHER THING DELIVERED OR ASSIGNED UNDER THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITAGREEMENT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE CONDITON OR AIRWORTHINESS THEREOF, THE EQUIPMENT THEREIN, DAMAGE THERETO, THE LOGS, MANUALS OR OTHER RECORDS THEREOF, THE LOCATION OF THE AIRCRAFT, ANY IMPLIED WARRANTY OF FITNESS OR MERCHANTABILITY, ANY LIABILITY ARISING FROM STRICT LIABILITY IN TORT, PRODUCTS LIABILITY, IMPLIED WARRANTIES WARRANTY ARISING FROM COURSE OF MERCHANTABILITYPERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING OR USAGE OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREETRADE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL LOSS OR WRITTEN INFORMATION USE, PROFIT OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METEROTHER CONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (PLM Equipment Growth Fund V)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE SUBJECT TO THE EXPRESS REPRESENTATIONS AND AGREE THAT YOUR WARRANTIES SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION AND ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT (INCLUDING THE USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS THEREOF) ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. IGLOO DISCLAIMS ALL REPRESENTATIONS, EXCEPT FOR FRAUD WARRANTIES AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITYFITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THOSE ARISING BY LAW, ACCURACYSTATUTE, QUIET ENJOYMENTUSAGE OR TRADE, LACK OR COURSE OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSDEALING REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES, DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. ASCENSIA IGLOO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR THAT THE SERVICES OR DOCUMENTATION WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. CUSTOMER AGREES THAT IGLOO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ACTION IGLOO TAKES TO REMOVE OR RESTRICT ACCESS TO ANY CUSTOMER DATA THAT VIOLATES ANY OF THE TERMS OF THIS AGREEMENT. EXCEPT FOR IGLOO’S OBLIGATIONS THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK ARISING OUT OF THE USE OR ENJOYMENT PERFORMANCE OF THE APP IGLOO PLATFORM OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED DOCUMENTATION REMAINS WITH THE METERCUSTOMER.

Appears in 1 contract

Samples: Master Terms of Service

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE (a) SUBJECT TO SECTION 6.02(A), MAYO HAS NOT MADE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYPRESENTLY MAKES NO PROMISES, PERFORMANCEGUARANTEES, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KINDNATURE, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIADIRECTLY OR INDIRECTLY, ITS AFFILIATESEXPRESS OR IMPLIED, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF REGARDING THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSUITABILITY, QUIET ENJOYMENTDURABILITY, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE CONDITION, QUALITY, OR ENJOYMENT ANY OTHER CHARACTERISTIC OF THE APP LICENSED PATENTS OR LICENSED KNOW-HOW. SUBJECT TO SECTION 6.02(A), ABARIS TAKES THE LICENSED PATENTS AND LICENSED KNOW-HOW “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS,” AND EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, OR WARRANTY OF ANY KIND RELATING TO THE LICENSED PATENTS AND LICENSED KNOW-HOW. ABARIS IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE LICENSED PATENTS AND INFORMATION PROVIDED OR LICENSED HEREUNDER HAVE APPLICABILITY OR UTILITY IN ABARIS’ MANUFACTURING AND DESIGN ACTIVITIES. ABARIS ASSUMES ALL RISKS AND LIABILITY IN CONNECTION WITH SUCH DETERMINATION. ABARIS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT FUNCTIONS CONTAINED ITS EFFORTS UNDER THIS CONTRACT WILL RESULT IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION COMMERCIALIZATION OR SUCCESSFUL COMMERCIALIZATION OF THE APP WILL BE UNINTERRUPTED LICENSED PATENTS, LICENSED KNOW-HOW OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLICENSED PRODUCTS.

Appears in 1 contract

Samples: Corus Pharma Inc

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT FOR THE APP IS AT YOUR SOLE RISK AND THAT EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 18, TO THE ENTIRE RISK AS TO SATISFACTORY QUALITYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SERVICES ARE PROVIDED “AS AS-IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED EITHER EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, SATISFACTORY QUALITY, ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST RISK AND LIABILITY ARISING OUT OF ALL NECESSARY SERVICINGUSE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA'S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA'S NETWORK OR OVER THE INTERNET, REPAIR WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CORRECTIONCONTROLLED BY THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AT TIMES, ACTIONS OR INACTIONS OF IMPLIED WARRANTIES SUCH THIRD PARTIES CAN IMPAIR OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES DISRUPT SUBSCRIBER'S CONNECTIONS TO THE APP INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSUCH EVENTS.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WITH RESPECT TO THE SERVICES (OR ANY PART THEREOF), ANY OTHER PRODUCTS AND AGREE SERVICES PROVIDED BY ECOBEE TO YOU, OR THE RESULTS THAT YOUR MAY BE OBTAINED FROM USE OF THE APP IS AT YOUR SOLE RISK THEREOF, (A) THEY ARE PROVIDED AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED MADE AVAILABLE “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS ; AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS(B) THERE ARE NO REPRESENTATIONS, WARRANTIES, REPRESENTATIONSCONDITIONS OR GUARANTEES, EXPRESSEXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, IMPLIED STATUTE, COURSE OF DEALING OR STATUTORY WHICH MAY APPLY TRADE, OR OTHERWISE) RELATING TO THIS APP OR THEM, (I) INCLUDING ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, QUIET ENJOYMENTAVAILABILITY, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE ACCESSIBILITY, UNINTERRUPTED USE, RELIABILITY, OR ENJOYMENT OF THE APP OR SECURITY; (II) THAT FUNCTIONS CONTAINED IN THE APP THEY WILL MEET YOUR ANY REQUIREMENTS, THAT THE OPERATION OF THE APP WILL OPERATE WITHOUT INTERRUPTION, DATA BREACH OR DATA LOSS, ACHIEVE ANY INTENDED RESULT, BE UNINTERRUPTED COMPATIBLE WITH OR ERROR-FREEWORK WITH ANY SOFTWARE, SYSTEM, HARDWARE OR OTHER SERVICES, OR THAT DEFECTS IN THE APP BE SECURE, FREE OF HARMFUL CODE, OR ERROR FREE; OR (III) ANY ERRORS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIAECOBEE WILL CREATE ANY REPRESENTATION, ITS AFFILIATESWARRANTY, SUPPLIERSCONDITION OR GUARANTEE. ECOBEE IS NOT AN INSURANCE PROVIDER AND THE SERVICES DO NOT PROVIDE INSURANCE COVERAGE AGAINST LOSS. ECOBEE MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE DEVICES OR SERVICE MAY NOT BE COMPROMISED OR CIRCUMVENTED, LICENSEES (2) THE DEVICES OR ITS REPRESENTATIVES SHALL CREATE SERVICE WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE DEVICES OR SERVICE WILL PROVIDE ADEQUATE WARNING OR PROTECTION. ECOBEE’S DEVICES AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A WARRANTYPROPERLY INSTALLED AND MAINTAINED ALARM MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY OR OTHER EVENTS OCCURRING WITHOUT PROVIDING AN ALARM, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE EQUIPMENT AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. SHOULD IF SUCH AN EVENT OCCURS. YOU AGREE THE APP PROVE DEFECTIVEALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ECOBEE. BY USING THE DEVICES AND/OR SERVICES, YOU ASSUME THE ENTIRE COST RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO XXX OR BRING ANY CLAIM OF ALL NECESSARY SERVICINGANY TYPE AGAINST ECOBEE FOR LOSS, REPAIR DAMAGE 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES INJURY RELATING IN ANY WAY TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY DEVICES OR SERVICES PROVIDED WITH THE METERBY ECOBEE.

Appears in 1 contract

Samples: Ecobee Smart Security Service Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND AGREE THAT YOUR USE OF INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSERVICES, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS ARE PROVIDED “AS IS.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GROW SOUTH DAKOTA, AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING NEIGHBORWORKS AMERICA, (COLLECTIVELY THE SERVICE AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT NWO” PARTIES) MAKE NO REPRESENTATION OR WARRANTY OF ANY KINDKIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, EXCEPT MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR FRAUD AND FRAUDULENT MISREPRESENTATIONANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. ASCENSIAEACH OF THE NWO PARTIES DISCLAIMS WITHOUT LIMITATION, ITS AFFILIATESANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, SUPPLIERSNONINFRINGEMENT, LICENSEES AND ITS REPRESENTATIVESMERCHANTABILITY, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP FITNESS FOR A PARTICULAR PURPOSE. THE NWO PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERUPTED OR ERROR FREE. THE NWO PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INFORMATION DISPLAYED OR CONTENT ON ITSERVICE INTERUPTIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES SYSTEM FAILURES OR OTHER INTERUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF ANY TRANSACTION OR THE SERVICES. Limitation of Liability. IN NO EVENT SHALL ANY NWO PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY RIGHTS. ASCENSIA DOES UNDER ANY CIRCUMSTANCE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT WARRANT AGAINST INTERFERENCE LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH YOUR USE ANY NWO PARTY OR ENJOYMENT THE SERVICES, OR ANY GOODS, SERVICES, REGARDLESS OF THE APP TYPE OF CLAIM OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION NATURE OF THE APP WILL BE UNINTERRUPTED CAUSE OF ACTION, EVEN IF THE NWO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR ERROR-FREE, LOSS. IN NO EVENT SHALL THE NWO PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 RELATING TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE THESE TERMS AND CONDITIONS EXCEED THE NET FEES GROW South Dakota HAS ACTUALLY RECEIVED AND RETAINED FROM YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE LIMITED WARRANTY PROVIDED WITH THE METERCLAIM.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE SERVICE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS CONTENT ARE PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND ” BASIS WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONREDWOOD DOES NOT REPRESENT OR WARRANT THAT THEY: (A) WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE; (B) THAT THEY WILL MEET USER’S SPECIFIC NEEDS; OR (C) THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT PROVIDED BY OR USED BY USER. ASCENSIAREDWOOD MAKES NO REPRESENTATIONS WHATSOEVER THAT USER OR REDWOOD WILL ACTUALLY ENTER INTO ANY TRANSACTION, ITS AFFILIATES, SUPPLIERS, LICENSEES OR WILL PERFORM ANY TRANSACTION. REDWOOD EXPRESSLY DISCLAIMS ANY AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER EXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR INCLUDING ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES TITLE AND NON-INFRINGEMENT INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) REDWOOD MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT COMPONENTS OF THE APP SERVICE OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSCONTENT; AND (B) USER ASSUMES ALL RISKS ASSOCIATED WITH ITS USE AND ACCESS TO THE SERVICE. TO THE EXTENT REDWOOD MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE PARTIES AGREE THAT THE OPERATION SCOPE AND DURATION OF ANY SUCH WARRANTY SHALL BE THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 MINIMUM PERMITTED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLAW.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE SET FORTH IN THIS AGREEMENT, ETOP MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND MATERIALS ARE PROVIDED BY ETOP ON AN “AS-IS” BASIS. ETOP DOES NOT REPRESENT, WARRANT, AND/OR COVENANT THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, SERVICES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYANY REPORTS, SATISFACTORY QUALITYADVICE AND RECOMMENDATIONS, FITNESS FOR A PARTICULAR PURPOSEIN ANY FORM) PROVIDED BY ETOP IN CONNECTION WITH THIS AGREEMENT AND/OR SOW, ACCURACYARE OR WILL NECESSARILY ALWAYS BE COMPLETELY ACCURATE, QUIET ENJOYMENTCURRENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSCOMPLETE AND/OR CONTINUOUSLY AVAILABLE. ASCENSIA ETOP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE REPRESENT, WARRANT, OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, COVENANT THAT THE OPERATION OF THE APP SERVICE WILL BE UNINTERRUPTED AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL DEFECTS IN THE APP (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND ADVERSELY AFFECT FUNCTIONALITY) WILL BE CORRECTED. NO ORAL ETOP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES AND/OR WRITTEN INFORMATION OTHER LOSS AND/OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD (B) INABILITY TO ACCESS AND/OR GET ACCURATE DATA FROM THIRD-PARTY SYSTEMS AND/OR APPLICATIONS THAT THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSERVICES ARE DEPENDENT ON.

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SERVICES ARE ALL PROVIDED BY 3DiVi ON AN “AS IS” AND THE SERVICE “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES 3DiVi AND ITS REPRESENTATIVESLICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITPART THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE OPERATE UNINTERRUPTED OR ERROR-FREE. 3DiVi AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT 3DiVi KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3DiVi OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR THAT DEFECTS IN YOUR RELIANCE ON THE APP WILL BE CORRECTED. NO ORAL ACCURACY, COMPLETENESS, OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS USEFULNESS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSERVICES.

Appears in 1 contract

Samples: Terms of Service

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD THE EXPRESS WARRANTIES PROVIDED HEREIN, AND FRAUDULENT MISREPRESENTATIONTO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT ANY OTHER WARRANTY. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES BLINK EXPRESSLY DISCLAIMS ALL OTHER EXPRESS AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, IMPLIED WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INTERFERENCE, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF VIRUSES AND NON-INFRINGEMENT COURSE OF THIRD PARTY RIGHTSDEALING OR USAGE OF TRADE. ASCENSIA THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH YOU. BLINK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ACCESS TO AND USE OF THE APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREEFREE OR THAT ERRORS ARE REPRODUCIBLE OR THAT ERRORS ARE REPAIRABLE AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR THAT DEFECTS OTHERWISE. BLINK WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS USE OF THE LIMITED WARRANTY PROVIDED WITH THE METERINTERNET, ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS, HOSTING PROVIDERS OR OTHER THIRD-PARTY INFRASTRUCTURE PROVIDERS.

Appears in 1 contract

Samples: Terms of Service

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE OTHER THAN AS PROVIDED IN SECTION 13.02 (FOR 22ND CENTURY) OR 13.03 (FOR BAT), NEITHER PARTY NOR ANY OF SUCH PARTY’S AFFILIATES MAKES ANY, AND AGREE THAT YOUR USE ALL OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, THEM DISCLAIM ALL CONDITIONSALL, WARRANTIES, REPRESENTATIONS, EXPRESSAND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITLEGAL, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WORKMANSHIP OR TITLE OR NON-INFRINGEMENT, NOR IS THERE A WARRANTY, REPRESENTATION, OR CONDITION THAT THE USE OF THE PATENT RIGHTS OR ANY FURTHER RESEARCH RESULT, PROPERTY, OR ACTIVITY OF THIS AGREEMENT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY 22ND CENTURY OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENT RIGHTS, OR ANY REPRESENTATION, WARRANTY, OR CONDITION BY BAT OR ANY BAT AFFILIATE OF THE VALIDITY, ACCURACY, QUIET ENJOYMENTSAFETY, LACK EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF VIRUSES AND NON-INFRINGEMENT ANY FURTHER RESEARCH RESULT. 22ND CENTURY HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT BY BAT OR ITS AFFILIATES. 22ND CENTURY HAS NO LIABILITY WHATSOEVER TO BAT OR ANY THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON BAT OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR RESULTING FROM THE USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED PATENT RIGHTS BY BAT. IN THE APP WILL MEET YOUR REQUIREMENTSNO EVENT SHALL EITHER PARTY BE LIABLE, THAT THE OPERATION REGARDLESS OF THE APP WILL BE UNINTERRUPTED BASIS OR ERROR-FREEGROUND OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, SPECIAL, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL PUNITIVE DAMAGES OR WRITTEN INFORMATION LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST BUSINESS, WHETHER FORESEEABLE OR ADVICE GIVEN BY ASCENSIANOT, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS EVEN IF IT HAS BEEN ADVISED OF THE LIMITED WARRANTY PROVIDED WITH THE METERPOSSIBILITY THEREOF, UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Research License and Commercial Option Agreement (22nd Century Group, Inc.)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONSTHE LIMITED REPRESENTATIONS, WARRANTIES, REPRESENTATIONSAND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND GREENPAY AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, SATISFACTORY QUALITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, ACCURACYWARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, QUIET ENJOYMENT, LACK OF VIRUSES GREENPAY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF REPRESENT THAT THE APP SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT DEFECTS IN THE APP GREENPAY IS NOT RESPONSIBLE FOR AND WILL BE CORRECTED. HAVE NO ORAL LIABILITY FOR HARDWARE, SOFTWARE OR WRITTEN INFORMATION OTHER ITEMS OR ADVICE GIVEN ANY SERVICES PROVIDED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES ANY PERSON OR ENTITY OTHER THAN GREENPAY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTYEMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. SHOULD CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONEXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT. 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.GreenPay Software License and Services Agreement

Appears in 1 contract

Samples: Myecheck, Inc.

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE CUREMD MAKES NO WARRANTIES REGARDING THE PROGRAMS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYSERVICES, PERFORMANCEWHETHER EXPRESS OR IMPLIED, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY, CONDITION OR OPERATION THEREOF, TITLE, COMPATIBILITY, SECURITY, ACCURACY, QUIET ENJOYMENTAVAILABILITY, LACK TIMELINESS, COMPLETENESS, CURRENCY, USEFULNESS, SECURITY, LEGALITY, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF VIRUSES COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, AND NON-INFRINGEMENT LICENSEE WARRANTS THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, OR STATEMENTS OF THIRD PARTY RIGHTSFACT NOT SPECIFICALLY INCLUDED IN THIS AGREEMENT. ASCENSIA CUREMD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. LICENSEE ACKNOWLEDGES THAT THE APP PROGRAMS AND SERVICES ARE PROVIDED “AS IS” AND ‘AS AVAILABLE’. CUREMD SHALL NOT BE LIABLE FOR UNFORESEEN EFFECTS ARISING FROM THE INSTALLATION OR USE OF CUREMD’S SOFTWARE ON LICENSEE’S COMPUTER OR DEVICE. CUREMD, OR ITS THIRD PARTY SERVICE PROVIDERS, DO NOT WARRANT THAT THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE, FAULT-FREE, AND FREE OF VIRUSES OR ANY OTHER MALICIOUS CODE OR THAT DEFECTS IN THE APP ALL ERRORS WILL BE CORRECTED. EXCEPT AS SET FORTH IN THIS AGREEMENT, IN NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIAEVENT SHALL CUREMD, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THIRD PARTY SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF USE, OR ANY OTHER FINANCIAL CLAIM FOR DAMAGES, HARDSHIP, OR FAILURE OF DELIVERY, THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICINGDELAY, REPAIR PROCUREMENT OF SUBSTITUTE ITEMS OR CORRECTIONSERVICES, ALTERATION, THEFT, DESTRUCTION OR CORRUPTION OF DATA, ANY INABILITY TO RECORD, ACCESS OR RESTORE DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, OR THE USE OF PROGRAMS OR SERVICES OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, OR COST OF COVER SUFFERED BY THE LICENSEE OR BY ANY THIRD PARTY, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CUREMD ASSUMES NO LIABILITY FOR THE EXCLUSION CONSEQUENCES TO THE LICENSEE ARISING OUT OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS RELATING TO THE LICENSEE’S USE OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPROGRAMS OR SERVICES. THE FOREGOING DISCLAIMER LICENSEE ACKNOWLEDGES THAT CUREMD HAS NO CONTROL OF WARRANTIES APPLIES OR RESPONSIBILITY FOR THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES OR THE CONTENT PROVIDED THEREON AND HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE LICENSEE TO THE APP SERVICE. CUREMD DISCLAIMS ANY AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND CONDITIONS LOSS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICES.

Appears in 1 contract

Samples: License and Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SERVICES, INCLUDING ALL TECHNOLOGY AND AGREE THAT YOUR USE SOFTWARE USED IN THE PERFORMANCE OF THE APP IS AT YOUR SOLE RISK AND THAT SERVICES, INCLUDING THE ENTIRE RISK AS TO SATISFACTORY QUALITYSYSTEM, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS ARE PROVIDED “AS IS.AND THE SERVICE “AS AVAILABLE”, WITH COMPANY DISCLAIMS ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES PURPOSE AND NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT THE SERVICES (INCLUDING THE SYSTEM OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP ANY COMPONENT THEREOF), WILL MEET YOUR REQUIREMENTS, THE REQUIREMENTS OF CLIENT OR THAT THE OPERATION OF THE APP SYSTEM WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. CLIENT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES COMPANY REPRESENT OR WARRANT THAT CLIENT’S GOALS FOR AN OFFERING WILL BE MET, AND COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT IT WILL IDENTIFY OR RECEIVE ANY MINIMUM MONETARY AMOUNT OR NUMBER OF ORDERS FROM SUBSCRIBERS OR INVESTORS. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY OR ON BEHALF OF CLIENT, A USER, OR THAT DEFECTS A PROSPECTIVE SUBSCRIBER. EXCEPT AS SET FORTH IN THE APP WILL SERVICE LEVEL AGREEMENT FOR THE SYSTEM, COMPANY SHALL NOT BE CORRECTED. NO ORAL RESPONSIBLE FOR SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION POWER OUTAGES, SYSTEM FAILURES OR WRITTEN INFORMATION OTHER INTERRUPTIONS OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES FOR ANY ERROR OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD OMISSION IN THE APP PROVE DEFECTIVE, YOU ASSUME CONTENT OR OTHER DATA TRANSMITTED THROUGH 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSYSTEM.

Appears in 1 contract

Samples: Master Services Agreement Deal Sheet (Hylete)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE DEVELOPMENT TOOLS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD ANY THIRD-PARTY APPS. THE APP IS MATERIALS ARE PROVIDED ON AN “AS IS” AND THE SERVICE “AS AVAILABLE”BASIS WITHOUT ANY REPRESENTATIONS, WITH ALL FAULTS AND WITHOUT WARRANTY WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATIONEITHER EXPRESS OR IMPLIED. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES UNITY AND ITS REPRESENTATIVES, LICENSORS DISCLAIM ALL CONDITIONS, OTHER WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT. ASCENSIA UNITY DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED DEVELOPMENT TOOLS OR THIRD-PARTY MATERIALS ARE (I) ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, (II) FREE OF VIRUSES OR THAT DEFECTS IN THE APP OTHER HARMFUL COMPONENTS; OR (III) SUFFICIENT FOR DEVELOPMENT OF YOUR CONTENT. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DEVELOPMENT TOOLS. YOU WILL BE CORRECTEDSOLELY RESPONSIBLE FOR BACKING UP ANY YOU CONTENT AND FOR THE ACCURACY AND QUALITY OF YOUR CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF UNDERSTAND THAT YOU MUST EVALUATE AND BEAR 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS RISKS ASSOCIATED WITH YOUR USE OF THE LIMITED WARRANTY PROVIDED WITH DEVELOPMENT TOOLS, OR YOUR RELIANCE ON THE METERACCURACY, COMPLETENESS, OR USEFULNESS OF THE DEVELOPMENT TOOLS.

Appears in 1 contract

Samples: Development Tools License Terms

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THIS WEBSITE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP CONTENT IS PROVIDED AS IS” IS AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, USP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY OF A COMPUTER PROGRAM, AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT IMPLIED WARRANTY OF ACCURACY. THERE IS NO WARRANTY THAT THIS PRODUCT OR THE INFORMATION CONTAINED WITHIN IT WILL FULFILL ANY KINDOF YOUR PARTICULAR PURPOSES OR NEEDS. USP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE'S ACCURACY, EXCEPT FOR FRAUD COMPLETENESS, OR CURRENTNESS; AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSUSP SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED IMPLIED, OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USP SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, ACCURACYOMISSIONS, QUIET ENJOYMENTDELAYS, LACK OR LOSSES. YOU AGREE THAT IN NO EVENT WILL USP BE LIABLE FOR THE RESULTS OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP WEBSITE OR THE CONTENT, FOR YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. YOU FURTHER AGREE THAT FUNCTIONS CONTAINED IN NO EVENT WILL THE APP WILL MEET YOUR REQUIREMENTSTOTAL AGGREGATE LIABILITY OF USP FOR ANY CLAIMS, THAT LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE OPERATION TOTAL AMOUNT PAID BY YOU TO USP DURING THE PRECEDING TWELVE-MONTH PERIOD, EVEN IF USP HAS BEEN ADVISED OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 YOUDAMAGE. THE FOREGOING DISCLAIMER LIMITATION OF WARRANTIES APPLIES TO THE APP LIABILITY AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Appears in 1 contract

Samples: FCC Online Website Constitutes

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, NEXT DLP PRODUCTS, NEXT DLP SERVICES AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK ALL DOCUMENTATION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS SUPPORT SERVICES ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT NEXT DLP MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSWHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR STATUTORY WHICH MAY APPLY BY OPERATION OF LAW, OR STATUTORY, AS TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITMATTER WHATSOEVER. NEXT DLP (FOR ITSELF AND ITS AFFILIATES, INCLUDINGLICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TOTERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSATISFACTORY QUALITY, NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, LACK SECURITY OR ARISING FROM A COURSE OF VIRUSES AND NON-INFRINGEMENT DEALING, USAGE OR TRADE PRACTICE, ALL OF THIRD PARTY RIGHTSWHICH ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ASCENSIA WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXT DLP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE THAT NEXT DLP PRODUCTS, NEXT DLP SERVICES OR ENJOYMENT OF THE APP SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR THAT FUNCTIONS CONTAINED IN THE APP WILL WITHOUT INTERRUPTION, BE ERROR FREE, MEET YOUR SUBSCRIBER’S REQUIREMENTS, THAT THE OPERATION OF THE APP WILL OR BE UNINTERRUPTED TIMELY OR ERROR-FREESECURE, OR THAT DEFECTS IN THE APP DATA PROVIDED THROUGH NEXT DLP PRODUCTS WILL BE CORRECTEDACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. NO ORAL SUBSCRIBER SHALL NOT MAKE OR WRITTEN INFORMATION PASS ON ANY REPRESENTATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST WARRANTY ON BEHALF 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 NEXT DLP TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERANY THIRD PARTY.

Appears in 1 contract

Samples: Dlp® Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND KOKOMO WARRANTS THAT THE ENTIRE RISK SOFTWARE PRODUCT WILL, FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF YOUR RECEIPT, PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SOFTWARE WRITTEN MATERIALS ACCOMPANYING IT. EXCEPT AS TO SATISFACTORY QUALITYEXPRESSLY SET FORTH IN THE FOREGOING, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP THIS SOFTWARE IS PROVIDED "AS IS” AND THE SERVICE “AS AVAILABLE”", WITH ALL FAULTS AND WITHOUT WARRANTY A WARRENTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("KOKOMO SOLUTIONS") DON'T TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, EXCEPT MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL KOKOMO SOLUTIONS BE LIABLE FOR FRAUD ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND FRAUDULENT MISREPRESENTATIONREGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF KOKOMO SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASCENSIATHE AUTHOR DOES NOT WARRANT THAT KOKOMO SOLUTIONS COVID19TRACKER™ IS FREE FROM BUGS, ITS AFFILIATESERRORS, SUPPLIERSOR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEES AND ITS REPRESENTATIVESTHE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, DISCLAIM ALL CONDITIONSSPECIAL, WARRANTIESINCIDENTAL, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, IMPLIED WARRANTIES LOSS OF MERCHANTABILITYPROFITS OR INVESTMENT, SATISFACTORY QUALITYOR THE LIKE), FITNESS FOR A PARTICULAR PURPOSEWHETHER BASED ON BREACH OF CONTRACT, ACCURACYBREACH OF WARRANTY, QUIET ENJOYMENTTORT (INCLUDING NEGLIGENCE), LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE PRODUCT LIABILITY OR ENJOYMENT OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE APP POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR THAT FUNCTIONS CONTAINED DAMAGES CAUSED BY CERTAIN COVID19TRACKER™ FEATURES. THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE APP WILL MEET YOUR REQUIREMENTSGSA SCHEDULE CONTRACT (E.G., THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERRORCLAUSE 552.238-FREE75 – PRICE REDUCTIONS, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIACLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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 GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERPROVIDE ACCURATE INFORMATION).

Appears in 1 contract

Samples: End User License Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL BANK PROPERTY IS PROVIDED "AS-IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE AND OUR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BANK PROPERTY. WE DO NOT WARRANT THAT THE BANK PROPERTY WILL MEET YOUR NEEDS OR WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WITH RESPECT TO THE THIRD- PARTY COMPONENTS OF THE BANK PROPERTY. YOU HEREBY WAIVE AND FULLY RELEASE SILVERGATE BANK, ITS AFFILIATES AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS THAT IT MAY HAVE AGAINST SILVERGATE BANK, ITS AFFILIATES AND SUPPLIERS ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE UNDER THIS SERVICE AGREEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA, THAT ARISE FROM YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERBANK PROPERTY.

Appears in 1 contract

Samples: Api Service Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THE BANK DISCLAIMS ALL REPRESENTATIONS AND AGREE WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE, BY OPERATION OF LAW, OR OTHERWISE, ARISING OUT OF, BY VIRTUE OF, RELATING TO, OR IN ANY WAY CONNECTED TO THE SERVICES OR THE AGREEMENT OR ANY DOCUMENTS REFERENCED HEREIN OR IN ANY OTHER MATERIAL, PRESENTATION, OR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, FREE FROM ERROR OR THAT YOUR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE DURING THE SERVICES’ STATED BUSINESS HOURS, NOR DO THEY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF SUCH SERVICES OR THE APP IS AT YOUR SOLE RISK ACCURACY OF INFORMATIONAL CONTENT. THE BANK AND ITS VENDORS DO NOT ASSUME RESPONSIBILITY FOR TIMELINESS OF, DELETION OF, MISROUTING OF OR FAILURE TO STORE ANY COMMUNICATIONS OR DATA. THE BANK AND ITS VENDORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING FROM OR IN CONNECTION WITH ANY INACCURACY, ACT OR FAILURE TO ACT ON THE PART OF ANY PERSON NOT WITHIN THE BANK’S OR SUCH VENDOR’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE CUSTOMER, ANY FEDERAL RESERVE BANK OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVING PARTY OR RECEIVING BANK, AND NO SUCH PERSON OR ENTITY SHALL BE DEEMED THE BANK’S AGENT OR SUCH VENDOR’S AGENT. THE CUSTOMER ACKNOWLEDGES THAT THE BANK HAS NOT ACTED AS THE CUSTOMER’S ADVISOR OR AS A FIDUCIARY WITH RESPECT TO THE AGREEMENT OR THE SERVICES. THE CUSTOMER ASSUMES THE ENTIRE RISK OF LOSS AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY THE QUALITY AND EFFORT IS WITH YOU. INSTALLATION PERFORMANCE OF THE APP MAY AFFECT SERVICES AND THE USABILITY OF THIRD PARTY APPSDOCUMENTATION. THE APP IS SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF SUCH SERVICE IS AT THE CUSTOMER’S SOLE RISK. SERVICES PROVIDED BY ANY VENDOR ARE PROVIDED “AS AVAILABLE”, IS” AND WITH ALL FAULTS FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD THE VENDOR AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, THE BANK HEREBY DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, EITHER EXPRESS OR IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, PURPOSE AND LACK OF VIRUSES VIRUSES. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF SUCH SERVICE IS AT THE CUSTOMER’S SOLE RISK. THE VENDOR AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES THE BANK DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR NOR DO THEY MAKE ANY WARRANTY AS TO ANY RESULTS THAT DEFECTS IN THE APP WILL MAY BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN OBTAINED BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST USE 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 YOUSUCH SERVICES. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO VENDOR AND THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED BANK SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE METERUSE OF, OR INABILITY TO USE, ANY SERVICES UNLESS ACTUALLY INCURRED AND CAUSED DIRECTLY BY THE VENDOR’S OR THE BANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Without limiting the generality of the foregoing, the Bank does not make any representations or warranties with respect to the Services or the legal effect or sufficiency, under Federal, State or local statutes or regulations or other laws, of any forms, documents, or other matters provided by the Bank from time to time in connection with this Agreement, and disclaims any expressed or implied warranties in connection therewith, including any warranties of fitness for a particular purpose or use and any warranties of merchantability with regard to the Services. The Bank does not make any representations or warranties with respect to the legal sufficiency, under Federal, State or local statutes or regulations or other laws, of any forms, documents, or other matters provided by the Bank from time to time in connection with the Agreement.

Appears in 1 contract

Samples: Management Services Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SET FORTH HEREIN, ENTERPRISEDB PROVIDES THE APP IS AT YOUR SOLE RISK AND SUBSCRIPTION SERVICES TO CUSTOMER "AS IS". ENTERPRISEDB MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBSCRIPTION SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. ENTERPRISEDB DOES NOT WARRANT THAT THE ENTIRE RISK AS SUBSCRIPTION SERVICES FURNISHED OR PROVIDED TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOUCUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE SUBSCRIPTION SERVICES ARE DESIGNED TO MEET CUSTOMER'S BUSINESS REQUIREMENTS. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ENTERPRISEDB DISCLAIMS ALL FAULTS AND WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED WHETHER EXPRESS OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYAND NONINFRINGEMENT, QUIET ENJOYMENTAND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, LACK COURSE OF VIRUSES DEALING OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES THAT THE SUBSCRIPTION SERVICES ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE THAT ENTERPRISEDB MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH YOUR ANY USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED SUBSCRIPTION SERVICES IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERSUCH SITUATIONS.

Appears in 1 contract

Samples: www.enterprisedb.com

Disclaimer. EXCEPT AS WARRANTED IN SECTION 6.1, ALL SOFTWARE, DELIVERABLES, AND INFORMATION PROVIDED OR MADE AVAILABLE BY US TO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS HEREUNDER (“Items”) ARE PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”WITHOUT ANY WARRANTY WHATSOEVER, WITH AND WE EXCLUDE AND DISCLAIM ALL FAULTS AND WITHOUT WARRANTY OTHER WARRANTIES OF ANY KINDKIND WHATSOEVER RELATING TO THE ITEMS, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR INCLUDING WITHOUT LIMITATION ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSINFRINGEMENT. ASCENSIA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP ITEMS WILL BE UNINTERRUPTED OR ERROR-FREE, COMPLETELY SECURE, OR THAT DEFECTS BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION, OR THE APPROPRIATENESS OF THE SOFTWARE FOR ANY PARTICULAR SYSTEM. THE SOFTWARE IS NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE SOFTWARE IS NOT FOR USE IN THE APP WILL BE CORRECTED. NO ORAL OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR WRITTEN INFORMATION COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR ADVICE GIVEN BY ASCENSIAINDIRECT LIFE-SUPPORT SYSTEMS, ITS AFFILIATESAIR TRAFFIC CONTROL, SUPPLIERSOR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, LICENSEES SEVERE PHYSICAL INJURY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONPROPERTY DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERIMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES , BUT THIS SECTION SHALL BE ENFORCEABLE TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Cylance End User License Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP All CONTENT IS PROVIDED ON AN "AS IS" AND THE SERVICE “"AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED KIND INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CORE & MAIN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, ACCURACYWITHOUT LIMITATION, QUIET ENJOYMENTDAMAGES FOR LOSS OF PROFITS, LACK BUSINESS INTERRUPTION, LOSS OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT INFORMATION) ARISING OUT OF THE APP USE OF OR THAT FUNCTIONS CONTAINED IN INABILITY TO USE THE APP WILL MEET YOUR REQUIREMENTSSITE OR ITS CONTENT, THAT THE OPERATION EVEN IF CORE & MAIN HAS BEEN ADVISED OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDPOSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PROHIBIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERINCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY TO YOU. CORE & MAIN AND ITS SUPPLIERS FURTHER DO NOT WARRANT THE FOREGOING ACCURACY OR COMPLETENESS OF THE CONTENT. CORE & MAIN MAKES NO COMMITMENT TO UPDATE THE CONTENT. FURTHER, CORE & MAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT, OR USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORE & MAIN SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTIES APPLIES WARRANTY, OR TO CREATE ANY WARRANTY. LIMITATION OF LIABILITY CORE & MAIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE APP USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF CORE & MAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, CORE & MAIN'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED WARRANTY PROVIDED WITH TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE METERAMOUNT YOU PAID TO ACCESS THIS SITE. REVISION Core & Main may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, or the products described therein in whole or in part, at any time without notice. You agree that Core & Main shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then- current web site Terms to which you are bound.

Appears in 1 contract

Samples: wpstage.coreandmain.com

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT FOR THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYEXPRESS WARRANTY CONTAINED IN THIS AGREEMENT, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP FUDO ENTERPRISE IS PROVIDED “AS AS-IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, ASSURANCE, CONDITION, OR DUTY REGARDING THE FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, REPAIR, INTERRUPTIONS, FREE OF VIRUSES OR MALICIOUS CODE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FUDO DISCLAIMS ANY AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL WARRANTIES OR CONDITIONS, WARRANTIES, REPRESENTATIONS, WHETHER EXPRESS, IMPLIED IMPLIED, ORAL, OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITWRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYREASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT FUDO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACCURACYFUDO FURTHER DISCLAIMS ANY AND ALL WARRANTIES, QUIET ENJOYMENTCONDITIONS, LACK AND/OR REPRESENTATIONS OF VIRUSES TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF THIRD PARTY RIGHTSDEALING, USAGE, OR TRADE PRACTICE. ASCENSIA FUDO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE MAKE ANY REPRESENTATIONS OR ENJOYMENT OF WARRANTIES THAT THE APP OR THAT FUNCTIONS CONTAINED IN THE APP PERFORMED BY FUDO ENTERPRISE WILL MEET YOUR CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE APP FUDO ENTERPRISE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFECTS IN THE APP FUDO ENTERPRISE WILL BE CORRECTED. CUSTOMER AGREES THAT CUSTOMER’S USE OR PURCHASE OF FUDO ENTERPRISE HEREUNDER IS NEITHER CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES UNLESS A DESCRIPTION OF SUCH FUNCTIONALITY OR FEATURES IS ATTACHED HERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES FUDO OR ITS REPRESENTATIVES EMPLOYEES OR A FUDO PARTNER SHALL CREATE A WARRANTY. SHOULD WARRANTY OR IN ANY WAY INCREASE THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST SCOPE 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERFUDO’S OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Fudo Enterprise License Agreement

Disclaimer. THE SYSTEM IS PROVIDED TO YOU EXPRESSLY ACKNOWLEDGE ON A "AS IS" BASIS, AND AGREE THRIVEDX DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS OR THAT IT WILL BE PROVIDED ERROR FREE, WITHOUT INTERRUPTION OR THAT THE SYSTEMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THRIVEDX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO ACCURACY. NO THIRD PARTY, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. UNDER NO CIRCUMSTANCES WILL THRIVEDX, ITS DIRECTORS, OFFICERS, CONSULTANTS, EMPLOYEES, SHAREHOLDERS OR ANY OTHER PARTY ON ITS BEHALF BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE (INCLUDING PHYSICAL INJURIES) WHICH MAY BE CAUSED TO YOU ANYONE ACTING ON YOUR BEHALF OR TO ANY THIRD PARTY IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SYSTEM, AS THE CASE MAY BE, INCLUDING WITHOUT LIMITATION ANY DAMAGE, EXPENSE OR LOSS CAUSED AS A RESULT OF YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SYSTEM. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THRIVEDX BE LIABLE IN ANY WAY FOR ANY DAMAGE OR LIABILITY ARISING FROM (I) ANY CONTENT (WHETHER PROVIDED BY THRIVEDX OR UPLOADED BY YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYFOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, SATISFACTORY QUALITY, FITNESS OR FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-ANY INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE PARTY'S RIGHT, LOSS OR ENJOYMENT DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION USE OF THE APP WILL BE UNINTERRUPTED CONTENT AND/OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.SYSTEM;

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE ENDO AND AGREE THAT YOUR USE OF PENWEST ARE LICENSING THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS LICENSED PATENTS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED IMPAX ON AN “AS IS” BASIS. ENDO AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY PENWEST MAKE NO WARRANTIES EITHER EXPRESS OR IMPLIED OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, HEREBY EXPRESSLY DISCLAIM ALL CONDITIONS, ANY WARRANTIES, REPRESENTATIONSREPRESENTATIONS OR GUARANTEES OF ANY KIND AS TO THE LICENSED PATENTS AND THE SUBJECT OF ANY LICENSE OR COVENANT NOT TO XXX HEREUNDER, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYFITNESS, FITNESS ADEQUACY OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACYUSE OR RESULT, QUIET ENJOYMENT, LACK AND ANY WARRANTIES OF VIRUSES AND NON-FREEDOM OF INFRINGEMENT OF THIRD PARTY ANY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE NEITHER ENDO, PENWEST, NOR ANY EMPLOYEE OR ENJOYMENT AGENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTSEITHER OF THEM, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREESHALL HAVE ANY LIABILITY TO IMPAX, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERSOR ANY OTHER PERSON ARISING OUT OF THE USE OF THE LICENSED PATENTS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES INCLUDING TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS LACK OF MERCHANTABILITY, INADEQUACY OR UNSUITABILITY OF THE LIMITED WARRANTY PROVIDED LICENSED Settlement and License Agreement PATENTS FOR ANY PARTICULAR PURPOSE OR TO PRODUCE ANY PARTICULAR RESULT, OR FOR ANY LATENT DEFECTS THEREIN. ENDO AND PENWEST AND THEIR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUFFERED BY IMPAX OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS OR BUSINESS REVENUE OR OTHER ECONOMIC LOSS OF ANY KIND WHATSOEVER, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR ENDO, PENWEST OR THEIR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HAVE BEEN ADVISED OF THE METERPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Settlement and License Agreement (Penwest Pharmaceuticals Co)

Disclaimer. YOU EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS ARTICLE 6, LICENSEE EXPRESSLY ACKNOWLEDGE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE OF THE APP APPLICATION AND NUVENTIVE'S NETWORK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NUVENTIVE DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, DOCUMENTATION OR NUVENTIVE’S NETWORK IS ERROR FREE, THAT ALL ERRORS IDENTIFIED WILL BE CORRECTED OR THAT THE APPLICATION OR NUVENTIVE’S NETWORK WILL SUPPORT LICENSEE’S NEEDS. NUVENTIVE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE AVAILABILITY, CONNECTIVITY, SPEED OR UPTIME OF NUVENTIVE'S WEB SITE OR NETWORK, OR THE RESULTS OF THE APPLICATION, OR THAT THE APPLICATION WILL MEET LICENSEE’S EXPECTATIONS OR REQUIREMENTS. NUVENTIVE SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE QUALITY, COMPATIBILITY OR CONTINUITY OF ANY THIRD PARTY TELECOMMUNICATION, INFORMATION SYSTEMS OR INTERNET SERVICE PROVIDER'S CONNECTIVITY OR SYSTEMS, OR WITH RESPECT TO THE FUNCTIONALITY, OPERABILITY OR RELIABILITY OF NUVENTIVE'S OR ANY THIRD PARTY'S DATA SECURITY FEATURES OR SYSTEMS. NUVENTIVE DOES NOT GUARANTEE OR WARRANT THE SECURITY OF THE APPLICATION. LICENSEE IS SOLELY RESPONSIBLE FOR THE ACCURACY AND USE OF LICENSEE’S DATA. NUVENTIVE SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY LINKS ADDED TO THE APPLICATION BY LICENSEE OR ITS USERS. USE OF THIRD PARTY LINKS ARE AT YOUR LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYDISCRETION. NUVENTIVE GIVES NO WARRANTY OR CONDITION, PERFORMANCEEXPRESS OR IMPLIED, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION WHETHER BY STATUTE, COMMON LAW, USAGE OF THE APP MAY AFFECT THE USABILITY TRADE, COURSE OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”DEALING, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED CUSTOM OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES CONDITIONS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSREPRESENTATIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR THIS LICENSE IS FOR COMMERCIAL USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDONLY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF A CONSUMERLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION EXCLUSIONS AND/OR LIMITATIONS, AND LIMITATIONS THE LIMITATION OF LIABILITY PROVISIONS OF SECTION 9 OF THIS AGREEMENT, MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERLICENSEE.

Appears in 1 contract

Samples: Tracdat™ Software License Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE OTHER THAN AS PROVIDED IN SECTION 14.02 (FOR 22ND CENTURY) OR 14.03 (FOR BAT), NEITHER PARTY NOR ANY OF SUCH PARTY’S AFFILIATES MAKES ANY, AND AGREE THAT YOUR USE ALL OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, THEM DISCLAIM ALL CONDITIONSALL, WARRANTIES, REPRESENTATIONS, EXPRESSAND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITLEGAL, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WORKMANSHIP OR TITLE OR NON-INFRINGEMENT, NOR IS THERE A WARRANTY, REPRESENTATION, OR CONDITION THAT THE USE OF THE PATENT RIGHTS OR ANY RESEARCH RESULT, PROPERTY, OR ACTIVITY OF THIS AGREEMENT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY 22ND CENTURY OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENT RIGHTS, OR ANY REPRESENTATION, WARRANTY, OR CONDITION BY BAT OR ANY BAT AFFILIATE OF THE VALIDITY, ACCURACY, QUIET ENJOYMENTSAFETY, LACK EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF VIRUSES AND NON-INFRINGEMENT ANY RESEARCH RESULT. 22ND CENTURY HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT BY BAT OR ITS AFFILIATES. 22ND CENTURY HAS NO LIABILITY WHATSOEVER TO BAT OR ANY THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON BAT OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR RESULTING FROM THE USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED PATENT RIGHTS BY BAT. IN THE APP WILL MEET YOUR REQUIREMENTSNO EVENT SHALL EITHER PARTY BE LIABLE, THAT THE OPERATION REGARDLESS OF THE APP WILL BE UNINTERRUPTED BASIS OR ERROR-FREEGROUND OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, SPECIAL, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL PUNITIVE DAMAGES OR WRITTEN INFORMATION LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST BUSINESS, WHETHER FORESEEABLE OR ADVICE GIVEN BY ASCENSIANOT, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS EVEN IF IT HAS BEEN ADVISED OF THE LIMITED WARRANTY PROVIDED WITH THE METERPOSSIBILITY THEREOF, UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Research License and Commercial Option Agreement (22nd Century Group, Inc.)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE LICENSEE UNDERSTANDS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND ACKNOWLEDGES THAT THE ENTIRE RISK TIME FRAME FOR NOTIFICATION ASSOCIATED WITH RECORDING INFORMATION (DISMISSALS, DISCHARGES. ETC.) MAY VARY DEPENDING UPON THE RECORDING DATES AVAILABLE FOR COLLECTION. EXCEPT AS TO SATISFACTORY QUALITYOTHERWISE STATED IN THIS SECTION, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP SERVICE IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIAEITHER EXPRESS OR IMPLIED, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR INCLUDING WITHOUT LIMITATION ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS THIS DISCLAIMER MAY NOT APPLY TO YOUAPPLY. TELETRACK DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS VALID, COMPLETE, FREE FROM ERROR, WILL MEET LICENSEE’S NEEDS, OR THAT THE SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED BASIS AND THE TELETRACK EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TELETRACK DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE APP AND NOT TO THE METERSERVICE. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERWHETHER SUCH ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.

Appears in 1 contract

Samples: Data Licensing and Information Services Agreement (First Advantage Corp)

Disclaimer. YOU ASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, AND ASSIGNOR HEREBY EXPRESSLY ACKNOWLEDGE DISCLAIMS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK NEGATES, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYASSIGNEE HEREBY EXPRESSLY WAIVES, PERFORMANCE, ACCURACY ALL REPRESENTATIONS AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS, MATERIALITY OR OTHER CHARACTERISTIC OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR OR OTHERWISE OBTAINED BY ASSIGNEE FROM ASSIGNOR; AND (c) THE ENVIRONMENTAL CONDITION OF THE ASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY WAIVES, AS TO ALL PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (i) ANY IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES EXPRESS WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.AND

Appears in 1 contract

Samples: Purchase and Sale Agreement (Goodrich Petroleum Corp)

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF Notwithstanding anything to the contrary herein, none of the foregoing warranties shall apply, and Company hereby disclaims any responsibility or liability for, any item or matter listed as an excluded support obligation within the SLA. EXCEPT TO THE APP EXTENT PROVIDED OTHERWISE BY THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7, (X) ALL SERVICES PROVIDED AS-IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KINDKIND AND COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, EXCEPT FOR FRAUD UNINTERUPTED, ACCESSIBLE, XXXXXX, SECURE, OR OTHERWISE MEET CUSTOMER’S EXPECTATIONS, OR THAT COMPANY WILL CORRECT ALL SERVICES ERRORS, AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM (Y) THE COMPANY HEREBY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYUPTIME, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF THIRD PARTY RIGHTSPERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ASCENSIA CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE APP OR INTERNET, AND THAT FUNCTIONS CONTAINED THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE APP WILL MEET YOUR REQUIREMENTSUSE OF SUCH COMMUNICATIONS FACILITIES AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ITS USE OF DATA AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURANCE, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREECOMPLETENESS, OR THAT DEFECTS IN THE APP WILL BE CORRECTEDSUFFICIENCY OF SUCH DATA. NO ORAL COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METEROTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. YOU EXCEPT AS EXPRESSLY ACKNOWLEDGE PROVIDED IN THIS AGREEMENT, THE SOFTWARE, HARDWARE AND AGREE THE SERVICES ARE PROVIDED TO CUSTOMER IN THEIR THEN-EXISTING CONDITION, AS IS, WHERE IS AND WITH ALL FAULTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT YOUR USE ANY WARRANTIES WITH RESPECT TO HARDWARE SHALL BE LIMITED TO ANY WARRANTIES PROVIDED BY THE ORIGINAL MANUFACTURER OF THE APP IS AT YOUR SOLE RISK AND THAT HARDWARE (TO THE ENTIRE RISK AS EXTENT SUCH WARRANTIES ARE PROVIDED TO SATISFACTORY QUALITYCUSTOMER SEPARATELY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOUOR BY THEIR TERMS SUCH WARRANTIES MAY BE PASSED THROUGH BY PROVIDER TO CUSTOMER). INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, THE FOREGOING LIMITED WARRANTIES, REPRESENTATIONSPROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITINCLUDING NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA PROVIDER DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SOFTWARE, HARDWARE OR ANY SERVICES WILL BE UNINTERRUPTED SECURE, UNINTERRUPTED, OR ERROR-ERROR FREE, OR MEET CUSTOMER’S EXPECTATIONS, THAT ANY STORED DATA WILL BE ACCURATE OR COMPLETE, OR THAT ANY ERRORS OR DEFECTS IN THE APP SOFTWARE OR HARDWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

Appears in 1 contract

Samples: Subscription Services Agreement

Disclaimer. YOU EXPRESSLY ACKNOWLEDGE DAXKO DISCLAIMS ANY AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYALL WARRANTIES, PERFORMANCECONDITIONS, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”OR REPRESENTATIONS (STATUTORY, EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY RESPECT TO THIS APP THE SERVICES OR ANY INFORMATION DISPLAYED OR CONTENT ON ITPART THEREOF, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENTOR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT DAXKO KNOWS, LACK HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF VIRUSES AND NON-INFRINGEMENT ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. DAXKO SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTIFY THEFT, OR INVASION OF PRIVACY BY ANY THIRD PARTY RIGHTSPARTY. ASCENSIA DAXKO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, . DAXKO EXPRESSLY DISCLAIMS ANY WARRANTY AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SERVICES OR THAT DEFECTS IN PRODUCTS PROVIDED BY THIRD PARTIES. DAXKO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER WITH RESPECT TO THE APP WILL BE CORRECTED. NO ORAL SERVICES OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONANY PART THEREOF. SOME JURISDICTIONS STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY. TO THE EXTENT THAT THIS AGREEMENT MAY BE INTERPRETED UNDER THE LAWS OF A CONSUMERSTATE NOT ALLOWING ANY SUCH A LIMITATION ON DAMAGES, SO THE ABOVE EXCLUSION FOREGOING PROVISION SHALL BE INTERPRETED TO PROVIDE THE MAXIMUM BENEFIT OF THE FOREGOING PROVISION ALLOWED BY THAT STATE’S LAWS. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF MEMBERSHIPS, MEMBERSHIP OR CONTRACT DAMAGES DUE TO MEMBER CANCELLATION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DAXKO’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE MONTH IN WHICH THE BREACH OR DEFAULT OCCURRED. ALL DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP LIABILITY SET FORTH HEREIN ARE MADE ON BEHALF OF BOTH DAXKO AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS ITS AFFILIATES AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERTHEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFIALIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.

Appears in 1 contract

Samples: Service Agreement

Disclaimer. YOU BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY ACKNOWLEDGE SET FORTH IN THIS AGREEMENT, SELLER HAS NOT MADE, AND AGREE THAT YOUR USE SPECIFICALLY NEGATES AND DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES (OTHER THAN THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE SPECIAL WARRANTY DEED TO BE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT), COVENANTS OR AGREEMENTS OF ANY KIND OR CHARACTER REGARDING ANY ASPECT OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON ITSHOPPING CENTER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION: (A) THE VALUE, IMPLIED WARRANTIES NATURE, QUALITY OR PHYSICAL CONDITION THEREOF, (B) THE INCOME TO BE DERIVED THEREFROM, (C) THE SUITABILITY OF THE SHOPPING CENTER FOR ANY ACTIVITY OR USE WHICH BUYER OR ANY TENANT MAY CONDUCT THEREON, (D) THE COMPLIANCE OF THE SHOPPING CENTER OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, SATISFACTORY QUALITYMARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SHOPPING CENTER, ACCURACY(F) THE MANNER, QUIET ENJOYMENTQUALITY, STATE OF REPAIR OR LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT REPAIR OF THE APP SHOPPING CENTER, OR (G) COMPLIANCE OF THE SHOPPING CENTER WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE THEREIN, THEREON OR THEREUNDER OF HAZARDOUS MATERIALS. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND BY EXECUTION HEREOF BUYER ACKNOWLEDGES THAT FUNCTIONS CONTAINED NO PERSON HAS MADE, ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT REGARDING THE SHOPPING CENTER OR THE TRANSACTIONS CONTEMPLATED HEREIN. BUYER ACKNOWLEDGES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE SHOPPING CENTER, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATIONS AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER, OTHER THAN INFORMATION EXPRESSLY REQUIRED TO BE PROVIDED BY SELLER HEREUNDER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SALE PROVIDED FOR HEREIN ARE MADE ON AN “AS-IS, WHERE-IS” BASIS WITH ALL FAULTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. FURTHERMORE, EXCEPT FOR ANY CLAIM THE BUYER MAY HAVE AS A RESULT OF THE BREACH BY THE SELLER OF ANY EXPRESS REPRESENTATION OR WARRANTY OF SELLER SET FORTH HEREIN, BUYER DOES HEREBY RELEASE AND FOREVER DISCHARGE SELLER, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS AND ASSIGNS, FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS AND DEMANDS FOR, UPON OR BY REASON OF ANY DAMAGE, LOSS OR INJURY WHICH HERETOFORE HAVE BEEN OR WHICH HEREAFTER MAY BE SUSTAINED BY BUYER RESULTING FROM OR ARISING OUT OF THE PRESENCE OF ANY HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONTAMINATION ON OR IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION VICINITY OF THE APP WILL BE UNINTERRUPTED PROPERTY, INCLUDING THE SOIL AND/OR ERROR-FREEGROUNDWATER (HEREINAFTER REFERRED TO AS THE “CLAIMS”). THIS RELEASE APPLIES TO ALL SUCH CLAIMS WHETHER THE ACTIONS CAUSING THE PRESENCE OF HAZARDOUS MATERIALS ON OR IN THE VICINITY OF THE PROPERTY OCCURRED BEFORE OR AFTER THE CLOSING. THIS RELEASE EXTENDS AND APPLIES TO, AND ALSO COVERS AND INCLUDES, ALL STATUTORY OR COMMON LAW CLAIMS THE BUYER MAY HAVE AGAINST THE SELLER. THE PROVISIONS OF ANY STATE, FEDERAL, OR LOCAL LAW OR STATUTE PROVIDING IN SUBSTANCE THAT DEFECTS IN RELEASES SHALL NOT EXTEND TO CLAIMS, DEMANDS, INJURIES OR DAMAGES WHICH ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIATIME, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERPERSON EXECUTING SUCH RELEASE, ARE HEREBY EXPRESSLY WAIVED.

Appears in 1 contract

Samples: Agreement (Inland Western Retail Real Estate Trust Inc)

Disclaimer. YOU ASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, AND ASSIGNOR HEREBY EXPRESSLY ACKNOWLEDGE DISCLAIMS AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK NEGATES, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITYASSIGNEE HEREBY EXPRESSLY WAIVES, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THE APP IS PROVIDED “AS IS” AND THE SERVICE “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONSREPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR; AND (c) THE ENVIRONMENTAL CONDITION OF THE ASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY WAIVES, AS TO PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (i) ANY IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES EXPRESS WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY(iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, QUIET ENJOYMENT, LACK (iv) ANY RIGHTS OF VIRUSES AND NON-INFRINGEMENT PURCHASERS UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF THIRD PARTY RIGHTS. ASCENSIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE CONSIDERATION OR ENJOYMENT RETURN OF THE APP PURCHASE PRICE, (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM DEFECTS, WHETHER KNOWN OR UNKNOWN, (vi) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW, AND (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH, IT BEING THE EXPRESS INTENTION OF ASSIGNEE AND ASSIGNOR THAT FUNCTIONS THE PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES INCLUDED IN THE ASSETS SHALL BE CONVEYED TO ASSIGNEE, AND ASSIGNEE SHALL ACCEPT SAME, AS IS, WHERE IS, WITH ALL FAULTS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND ASSIGNEE REPRESENTS TO ASSIGNOR THAT ASSIGNEE HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO SUCH PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES AS ASSIGNEE DEEMS APPROPRIATE. ASSIGNOR AND ASSIGNEE AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE APP WILL MEET YOUR REQUIREMENTSPURPOSES OF ANY APPLICABLE LAW, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED RULE OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENSIA, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP 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. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METERORDER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Whittier Energy Corp)

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