Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 4 contracts

Sources: Master Purchase Agreement, Master Purchase Agreement, Master Purchase Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVELIMITED WARRANTY PROVIDED IN SECTION 15, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, IMPLIED EITHER EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF (i) MERCHANTABILITY, QUALITY OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) ARE HEREBY EXCLUDED QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE 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, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENTS.

Appears in 4 contracts

Sources: End User Subscription Agreement, End User Subscription Agreement, End User Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVELIMITED WARRANTY PROVIDED IN SECTION 18, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, IMPLIED EITHER EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF (i) MERCHANTABILITY, QUALITY OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) ARE HEREBY EXCLUDED QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE 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, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENTS.

Appears in 4 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) ARE HEREBY EXCLUDED UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE EXTENT ALLOWED BY APPLICABLE LAW. IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSAGREEMENT, AND (3) UNIVERSITY WILL NOT FOR HOUSEHOLD BE RESPONSIBLE OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY LIABLE TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA SPONSOR OR TO MODIFYANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, IN ANY RESPECTINCIDENTAL, THIS LIMITED WARRANTYINDIRECT, ANY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT POSSIBILITY OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEDAMAGES.

Appears in 3 contracts

Sources: Qualified Sponsor Agreement, Qualified Sponsor Agreement, Qualified Sponsor Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEPRODUCT WARRANTY EXPRESSLY PROVIDED UNDER SECTION 5.11(a), AS APPLICABLEUCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES, ALL EXPRESSWHETHER WRITTEN OR ORAL OR EXPRESSED OR IMPLIED, IMPLIED WITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, INCLUDING ANY REPRESENTATION OR STATUTORY TERMSWARRANTY OF QUALITY, CONDITIONSPERFORMANCE, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS , OR THAT THE END USER IS PURCHASING USE OF ANY PRODUCT FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT WILL NOT INFRINGE THE HARDWARE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. DERMIRA ACKNOWLEDGES AND AGREES THAT THE PRODUCT HAS NOT BEEN APPROVED BY ANY REGULATORY AUTHORITY FOR THE PURPOSES OF USES SET FORTH IN THE PHASE 3 PROTOCOL OR A BUSINESSPOST-APPROVAL STUDY PROTOCOL IN THE DEVELOPMENT INDICATION (OTHER THAN FOR INVESTIGATIONAL USE IN ACCORDANCE THEREWITH) AND THAT A PHASE 3 STUDY AND ANY POST-APPROVAL STUDY IN THE DEVELOPMENT INDICATION IS BEING CONDUCTED, INTER ALIA, TO DETERMINE WHETHER THE PRODUCT IS SAFE AND NOT EFFICACIOUS FOR HOUSEHOLD OR CONSUMER SUCH USE. VOCERANOTHING CONTAINED IN THIS SECTION 5.11(d) ALTERS UCB’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 16.2 OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAGREEMENT.

Appears in 3 contracts

Sources: Development and Commercialisation Agreement (Dermira, Inc.), Development and Commercialisation Agreement (Dermira, Inc.), Development and Commercialisation Agreement (Dermira, Inc.)

Disclaimer. EXCEPT FOR THE AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEINCLUDING, ALL EXPRESSWITHOUT LIMITATION, IMPLIED ANY REPRESENTATION OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES WARRANTY OF (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF A) MERCHANTABILITY, QUALITY OR (B) FITNESS FOR A PARTICULAR USE OR PURPOSE, (C) ARE NON-INFRINGEMENT BY THIRD PARTIES, (D) INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS, (E) VALIDITY OR ENFORCEABILITY OF THE ASKBIO PATENT RIGHTS; (F) COMMERCIAL UTILITY, (G) THAT ANY PATENT APPLICATION INCLUDED IN THE ASKBIO PATENT RIGHTS WILL ULTIMATELY ISSUE, (H) SAFETY, RELIABILITY, OR EFFICACY OF ANY LICENSED PRODUCT(S), OR (I) THAT ANY LICENSED PRODUCT(S) DEVELOPED FROM THE ASKBIO PATENT RIGHTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND EACH PARTY HEREBY EXCLUDED EXPRESSLY DISCLAIMS THE FOREGOING SET FORTH IN SUBSECTIONS (A)-(I). ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOMITTED PORTIONS.

Appears in 3 contracts

Sources: Non Exclusive License Agreement (AveXis, Inc.), Non Exclusive License Agreement (AveXis, Inc.), Non Exclusive License Agreement (AveXis, Inc.)

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE SERVICES PROVIDED HEREUNDER ARE TO BE MADE SOLELY AND EXCLUSIVELY AGAINST PROCESSOR. IN THE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. FNB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEWRITTEN OR ORAL IN RESPECT OF THE SERVICES, ALL EXPRESSINCLUDING, IMPLIED OR STATUTORY TERMSWITHOUT LIMITATION, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. FNB SHALL HAVE NO LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARE HEREBY EXCLUDED OR OTHERWISE, TO THE EXTENT ALLOWED BY APPLICABLE LAWCUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FNB’S SERVICES. THIS IN NO EVENT WILL FNB BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED WARRANTY IS PROVIDED ON THE BASIS REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE END USER FOREGOING LIMITATIONS OF LIABILITY ARE REASONABLE GIVEN THE FACT THAT NO COMPENSATION IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY BEING PAID TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS FNB BY CUSTOMER HEREUNDER. IF ANY CONDITION CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEQUITY.

Appears in 3 contracts

Sources: Merchant Agreement, Merchant Agreement, Payment Processing Agreement

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED HEREIN, AND TO THE EXPRESS EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOVEOF ANY KIND, AS APPLICABLE, ALL WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOTHERWISE, AND WARRANTIES (INCLUDING WITHOUT LIMITATION EACH OF MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES OR ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF INTENDED AS A BUSINESSSUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR HOUSEHOLD A GIVEN DRUG OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO MAKE ANY REPRESENTATIONS INDICATE THAT THE DRUG OR COMMITMENTS ON BEHALF OF VOCERA DRUG COMBINATION OR TO MODIFYOTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY RESPECTGIVEN PATIENT. MONKEY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, THIS LIMITED WARRANTYHEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IN CONNECTION WITH CUSTOMER’S HARDWARE. MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF ITS PROVISIONS THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY INFORMATION TECHNOLOGY INFRASTRUCTURE OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECUSTOMER.

Appears in 3 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY GIVEN ONLY TO END USERS PURSUANT TO ENOVA'S END USER LICENSE AND WARRANTY, ENOVA GIVES NO WARRANTIES ABOVEREGARDING ENOVA AND THIRD-PARTY PRODUCTS, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSPARTS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS SERVICES THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENENOVA PROVIDES HEREUNDER AND, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE APPLICATION OF THE FOREGOING DISCLAIMER, THE PARTIES RECOGNIZE AND AGREE THAT THE ENOVA PRODUCTS AND PARTS MAY ENCOUNTER OPERATIONAL DIFFICULTIES. ENOVA DOES NOT WARRANT (I) THAT THE ENOVA PRODUCTS AND PARTS WILL MEET PURCHASER'S OR THE END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED'S REQUIREMENTS, AT VOCERA’S OPTION, TO (II) THAT THE SOLE ENOVA PRODUCTS AND EXCLUSIVE REMEDY STATED PARTS WILL OPERATE IN THE APPLICABLE COMBINATIONS WHICH THE END USER MAY SELECT FOR USE, (III) THAT THE OPERATION OF THE ENOVA PRODUCTS AND PARTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT MALFUNCTIONS IN THE ENOVA PRODUCTS AND PARTS CAN BE CORRECTED. EXCEPT FOR ACTIONS FOR NONPAYMENT OR BREACH OF CONFIDENTIALITY OR IP RIGHTS, ANY ACTION FOR AN ALLEGED BREACH OF ANY CONTRACT OF SALE OR OF WARRANTY CLAUSE ABOVEMUST BE COMMENCED WITHIN ONE (1) AFTER THE DATE ON WHICH THE CAUSE OF ACTION ACCRUES.

Appears in 3 contracts

Sources: Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc)

Disclaimer. EXCEPT TO THE EXTENT OTHERWISE SET FORTH IN THIS AGREEMENT, EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS RESPECTIVE USE OF THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND DEMAND MEDIA LICENSED IP. NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES ABOVEOR GUARANTEES OF ANY KIND WHATSOEVER, AS APPLICABLEINCLUDING, ALL EXPRESSBUT NOT LIMITED TO, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED , WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSASSIGNED PATENTS, AND NOT FOR HOUSEHOLD ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS DEMAND MEDIA LICENSED IP ARE “ERROR FREE” OR ANY RIGHTS HEREUNDER. IF WARRANTY OR GUARANTEE THAT THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE FREE OF ANY CONDITION VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CORRUPTED FILES OR WARRANTY IMPLIED BY LAW IN RELATION OTHER COMPUTER PROGRAMMING THAT IS INTENDED TO THE SALE DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR SUPPLY EXPROPRIATE ANY SYSTEMS, DATA, PERSONAL INFORMATION OR PROPERTY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEANOTHER.

Appears in 3 contracts

Sources: Intellectual Property Assignment and License Agreement (Demand Media Inc.), Intellectual Property Assignment and License Agreement (Rightside Group, Ltd.), Intellectual Property Assignment and License Agreement (Rightside Group, Ltd.)

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE SUPPLY AGREEMENT OR THE APA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY EXPRESSLY DISCLAIMS AND HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEINCLUDING, ALL EXPRESSBUT NOT LIMITED TO, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE TECHNOLOGY, IMPROVEMENTS, THE ▇▇▇▇ (AS DEFINED IN SECTION 13.10 BELOW) AND THE LICENSED PRODUCTS. EXCEPT AS TO ANY LIABILITY OR DAMAGES ARISING FROM THE INDEMNITY OBLIGATIONS SET FORTH IN ARTICLE 10 OR BREACH OF THE CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN ARTICLE 7, TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OR CAPITAL, OR OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE OPERATION OR USE OF THE TECHNOLOGY, IMPROVEMENTS, ▇▇▇▇ AND THE LICENSED PRODUCTS, INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED PRODUCTS, DAMAGES ARISING FROM LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, THE USE OR INABILITY TO USE ANY TECHNOLOGY OR LICENSED PRODUCTS, REGARDLESS OF HOW SUCH LOSS OR DAMAGE MAY HAVE OCCURRED AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY IS AGREEMENT, THE TECHNOLOGY AND THE ▇▇▇▇ ARE BEING DELIVERED TO LICENSEE AND LICENSEE IMPROVEMENTS ARE BEING PROVIDED TO HONEYWELL ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSAN “AS IS” AND “WHERE IS” BASIS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY SUBJECT TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYACTUAL AVAILABILITY, IN ANY RESPECTTHE DATA FORMAT EXISTING AS OF THE EFFECTIVE DATE WHICH MAY INCLUDE, THIS LIMITED WARRANTYWITHOUT LIMITATION, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE PAPER AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEELECTRONIC FORMATS.

Appears in 3 contracts

Sources: License Agreement, License Agreement (KLX Inc.), License Agreement (Be Aerospace Inc)

Disclaimer. EXCEPT TimeXtender WARRANTS ONLY THAT THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR NINETY (90) DAYS FROM THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS DATE OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED LICENSE ON THE BASIS SOFTWARE AGREEMENT. TimeXtender ALSO WARRANTS THAT THE END USER SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PRODUCT, PROVIDED THAT THE SOFTWARE IS PURCHASING PROPERLY USED ON THE HARDWARE OPERATING SYSTEMS AND/OR NETWORK FOR WHICH IT IS DESIGNED AND IN ACCORDANCE WITH THE PURPOSES DOCUMENTATION. IF THE SOFTWARE IS DEFECTIVE SUCH THAT IT DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SUCH DOCUMENTATION, TimeXtender MUST BE NOTIFIED IN WRITING WITHIN THE NINETY (90) DAY WARRANTY PERIOD. IN THE EVENT OF A BUSINESSFAILURE OF THE SOFTWARE TO SO PERFORM THAT IS MADE KNOWN TO TimeXtender WITHIN SAID NINETY (90) DAY PERIOD, TimeXtender’s SOLE AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO EXCLUSIVE RESPONSIBILITY AND THE SOLE AND EXCLUSIVE REMEDY STATED UNDER THE FOREGOING WARRANTY SHALL BE TO BRING THE SOFTWARE IN MATERIAL CONFORMANCE WITH THE DOCUMENTATION, OR, IN THE APPLICABLE EVENT SUCH CORRECTIVE MEASURES ARE NOT POSSIBLE, TO PROVIDE A FULL REFUND OF THE SOFTWARE PRODUCT SALES REVENUE PAID BY THE AFFECTED CUSTOMER. THIS WARRANTY CLAUSE ABOVESHALL BECOME VOID AND OF NO EFFECT IN THE EVENT OF, AND TimeXtender SHALL NOT BE LIABLE FOR, ANY DAMAGE, LOSS, OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM ACCIDENT, MISAPPLICATION, ABUSE, MISUSE, NEGLIGENCE, FAILURE TO PROPERLY MAINTAIN, DAMAGE FROM EXTERNAL SOURCES, OR REPAIR ATTEMPTS BY PERSONS NOT AUTHORIZED BY TimeXtender. THIS WARRANTY IS NOT TRANSFERABLE.

Appears in 2 contracts

Sources: Partner Agreement, Partner Agreement

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS WARRANTIES ABOVEOR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, AS APPLICABLEPRODUCTION, ALL EXPRESSDISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TOANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE HEREBY EXCLUDED PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOTCONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONSTHEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS EXCEPT FOR ANY LIABILITIES THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USERIN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S REMEDY LIABILITY (WHETHER IN RESPECT CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONDITION OR WARRANTY IS LIMITEDDAMAGES, AT VOCERA’S OPTION, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE SOLE AND EXCLUSIVE REMEDY STATED IN TERMS OF THIS EUA DURING THE APPLICABLE WARRANTY CLAUSE ABOVEPREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Appears in 2 contracts

Sources: End User Agreement, End User Agreement

Disclaimer. EXCEPT CLIENT WILL LOOK TO THE SOFTWARE OWNER AND NOT COLUMBUS FOR ANY PROBLEMS WITH THE EXPRESS SOFTWARE. COLUMBUS DOES NOT MAKE ANY WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED WITH RESPECT TO THE SOFTWARE OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSTHAT THE SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS OR THAT ITS OPERATION OR USE WILL BE ERROR-FREE, AND COLUMBUS MAKES NO WARRANTIES REGARDING THE VALIDITY, ACCURACY OR ENFORCEABILITY OF (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS I) ANY OUTCOME PURPORTED TO BE GENERATED OR ENTERED INTO USING THE SOFTWARE OR (II) ANY DATA OR OTHER INFORMATION TO BE TRANSFERRED OR PROCESSED USING THE SOFTWARE. IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR COST OF MERCHANTABILITYSUBSTITUTE GOODS OR SERVICE, QUALITY ARISING OUT OF THIS ORDER FORM OR FITNESS CLIENT’S USE OR MAINTENANCE OF THE SOFTWARE, EVEN IF COLUMBUS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CLIENT TO COLUMBUS UNDER THIS ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. COLUMBUS SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OR MAINTENANCE OF THE SOFTWARE. EXCEPT TO THE EXTENT ALLOWED COVERED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE A SEPARATE AGREEMENT WITH CLIENT WHEREBY COLUMBUS HAS BEEN RETAINED FOR SUCH SERVICES, COLUMBUS ASSUMES NO RESPONSIBILITY FOR THE PURPOSES INTEROPERABILITY OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, THE SOFTWARE WITH ANY OF ITS PROVISIONS CLIENT’S EXISTING SOFTWARE, ALL OF WHICH SHALL BE THE RESPONSIBILITY OF CLIENT OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED IMPLEMENTATION PARTNER RETAINED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECLIENT.

Appears in 2 contracts

Sources: Order Form, Order Form

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEBANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER'S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. ANY SOFTWARE PROVIDED BY BANK AND ITS LICENSORS IS PROVIDED "AS APPLICABLEIS". CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND WARRANTIES (LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL LIMITATION: 1. ANY IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED USE, PURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; 2. ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; 3. ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND 4. ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON GENERALITY OF THE BASIS FOREGOING, NEITHER BANK NOR OUR LICENSORS WARRANT THAT OPERATION OF THE END USER IS PURCHASING SOFTWARE OR THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEUNINTERRUPTED.

Appears in 2 contracts

Sources: Treasury Management Services Agreement, Treasury Management Services Agreement

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR THE EXPRESS WARRANTIES ABOVEWARRANTY SET FORTH IN SECTION 7.1, AS APPLICABLEUNITRENDS MAKES NO WARRANTY, ALL CONDITION, REPRESENTATION, TERM, UNDERTAKING OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY TERMSOTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND THE SERVICES, CONDITIONSTHE UNITENDS CLOUD AND DRAAS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, REPRESENTATIONSWHETHER EXPRESS, AND WARRANTIES (IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE SERVICES, UINTRENDS CLOUD OR DRAAS ARE HEREBY EXCLUDED COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE SERVICES, UINTRENDS CLOUD AND DRAAS ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD UNITREND’S LIABILITY UNDER ANY IMPLIED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED STATUTORY WARRANTY, ANY OF ITS PROVISIONS CONDITION, TERM, REPRESENTATION, UNDERTAKING OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS GUARANTY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LEGALLY EXCLUDED IS LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO PAYING THE SOLE AND EXCLUSIVE REMEDY STATED IN COST OF SUPPLYING THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES AGAIN.

Appears in 2 contracts

Sources: Unitrends Cloud Services Terms and Conditions, Unitrends Cloud Services Terms and Conditions

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE EXPRESS WARRANTIES ABOVEPLATFORM, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSMAINTENANCE AND SUPPORT, AND WARRANTIES (INCLUDING ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATION ALL WARRANTY OF ANY KIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, NON-INFRINGEMENT, OR ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. IGNYTE DOES NOT VERIFY, ERROR-CHECK OR WARRANT THE ACCURACY OR FITNESS OF ANY INFORMATION UPLOADED OR ENTERED INTO THE PLATFORM. IGNYTE IS NOT RESPONSIBLE FOR ANY DEFECT CAUSED BY OR THAT OTHERWISE RESULTS FROM MODIFICATIONS, MISUSE OR DAMAGE TO THE EXTENT ALLOWED PLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY APPLICABLE LAWCLIENT IN WHOLE OR IN PART. THIS LIMITED WARRANTY IS PROVIDED ON WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE BASIS THAT PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSMOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. IGNYTE DOES NOT WARRANT THAT USE OF THE PLATFORM WILL RESULT IN CLIENT’S COMPLIANCE WITH ANY APPLICABLE LAWS, AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ENSURING ITS COMPLIANCE WITH ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVELAWS.

Appears in 2 contracts

Sources: Platform Terms & Conditions, Platform Terms & Conditions

Disclaimer. EXCEPT FOR AS OTHERWISE PROVIDED HEREIN, THE EXPRESS INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY BIOVERIS “AS IS WHERE IS” AND BIOVERIS MAKES NO, AND DISCLAIMS ALL WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, AND REPRESENTATIONS, AND WARRANTIES EXPRESS OR IMPLIED, CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITYTITLE, QUALITY DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY ECL PRODUCT; (b) THE COMMERCIAL SUCCESS OF ANY ECL PRODUCT; (c) THE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY ECL PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE HEREBY EXCLUDED IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO NEWCO HEREUNDER. THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PARTIES SPECIFICALLY AGREE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES NEITHER PARTY SHALL BE SUBJECT TO AND THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF A BUSINESSBREACH OF WARRANTY, AND NOT FOR HOUSEHOLD (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR CONSUMER USE. VOCERA’S RESELLERS (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN THOUGH A PARTY MAY HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF BEEN ADVISED OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT POSSIBILITY OF SUCH CONDITION DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER PARTY HEREUNDER.

Appears in 2 contracts

Sources: License Agreement, License Agreement (Bioveris Corp)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVELIMITED WARRANTY PROVIDED IN SECTION 15, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, IMPLIED EITHER EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF (i) MERCHANTABILITY, QUALITY OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) ARE HEREBY EXCLUDED QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. 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, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USERELATED TO SUCH EVENTS. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY17. Limitation. NWEA’s liability to the Fiscal Agent (including the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), IN ANY RESPECTfor damages sustained by the Department, THIS LIMITED WARRANTYas the result of NWEA’s default, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDEDor acts, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDEDor omissions, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENin the performance of work under this Agreement, TO THE EXTENT PERMITTED BY LAWexcept for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITEDwhether such damages arise out of breach, AT VOCERA’S OPTIONnegligence, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEmisrepresentation, or otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Appears in 2 contracts

Sources: End User Subscription Agreement, End User Subscription Agreement

Disclaimer. EXCEPT FOR AS PROVIDED IN THIS ARTICLE 7 (AND WITHOUT LIMITATION TO ARTICLE 3 HEREOF), DANISCO MAKES NO, AND THE EXPRESS WARRANTIES ABOVELICENSED PARTIES DISCLAIM RELIANCE ON ANY, AS APPLICABLE, ALL REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SERVICES, ANY DYADIC MATERIALS, DYADIC KNOW-HOW, DANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW LICENSED HEREUNDER OR USED IN PERFORMING SERVICES, OR ANY PHARMACEUTICAL PRODUCT PRODUCED USING ANY SUCH DYADIC MATERIALS, DYADIC KNOW-HOW, DANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW, AND DANISCO SPECIFICALLY DISCLAIMS, AND THE LICENSED PARTIES DISCLAIM RELIANCE ON, ANY AND ALL IMPLIED WARRANTIES AND OR CONDITIONS OF MERCHANTABILITY, QUALITY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL WARRANTIES THAT THE DYADIC PATENTS OR DANISCO PATENTS ARE VALID AND ENFORCEABLE, AND THAT THE USE OF THE DYADIC MATERIALS, THE DANISCO IMPROVED STRAINS, DYADIC KNOW-HOW, OR DANISCO KNOW-HOW TO PRODUCE PHARMACEUTICAL PRODUCTS DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. DANISCO SPECIFICALLY DISCLAIMS, AND THE LICENSED PARTIES DISCLAIM RELIANCE ON, ANY REPRESENTATION OR WARRANTY THAT THE STRAINS LICENSED UNDER THIS AGREEMENT AND ANY DERIVATIVES OR MODIFICATIONS (A) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ANYTHING OTHER THAN EXPERIMENTAL IN NATURE, (B) HAVE CHARACTERISTICS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSARE ALL KNOWN, AND NOT (C) ARE SUITABLE FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE USE IN PRODUCING ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEPHARMACEUTICAL PRODUCT.

Appears in 2 contracts

Sources: Pharma License Agreement (Dyadic International Inc), Pharma License Agreement (Dyadic International Inc)

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE STRATEGIC ALLIANCE AGREEMENT, PRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, WHETHER EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEWRITTEN OR ORAL, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO , NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE EXTENT ALLOWED BY APPLICABLE LAWORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE END USER IS PURCHASING OPERATION OR OTHER USE OF THE HARDWARE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR FEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD ORIGINATING PARTY PRODUCTS PROVIDED OR CONSUMER USEMADE AVAILABLE BY PRODUCT ORIGINATING PARTY TO PRODUCT SELLING PARTY. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.4.2

Appears in 2 contracts

Sources: Strategic Alliance Agreement, Strategic Alliance Agreement (PTC Inc.)

Disclaimer. THE LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” SMPTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXCEPT FOR AS SET FORTH IN SECTION 6(a), EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) ARE HEREBY EXCLUDED ANY WARRANTY WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWQUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE LICENSED PRODUCTS, OR THAT LICENSEE’S USE OF THE LICENSED PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET LICENSEE’S REQUIREMENTS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS LICENSEE ACKNOWLEDGES AND AGREES THAT THE END CONTENTS OF THE LICENSED PRODUCTS ARE SUBJECT TO CHANGE. LIMITATION OF LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 6(b), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF THE LICENSED PRODUCTS, SUCH AS ANY MALFUNCTION, DEFECT OR FAILURE OF THE LICENSED PRODUCTS OR THEIR DELIVERY VIA THE INTERNET, EVEN IF SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. SMPTE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, LICENSEE'S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE LICENSED PRODUCTS OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. LICENSEE ACKNOWLEDGES AND AGREES THAT SMPTE IS PURCHASING THE HARDWARE NOT RESPONSIBLE FOR THE PURPOSES ACCURACY OF A BUSINESSANY INFORMATION OR DATA CONTAINED IN THE LICENSED PRODUCTS, AND SMPTE SHALL NOT BE LIABLE FOR HOUSEHOLD ANY LOSSES OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE DAMAGES RESULTING FROM RELIANCE ON ANY REPRESENTATIONS SUCH INFORMATION OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN DATA UNDER ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECIRCUMSTANCES.

Appears in 2 contracts

Sources: Smpte Online Products Agreement, Smpte Online Products Agreement

Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETABLE EXCEPT FOR AS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH HEREIN , THE EXPRESS PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY OTHER WARRANTIES ABOVE, AS APPLICABLE, OF ANY KIND AND PALANTIR AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES PROVIDED HEREUNDER OR OTHERWISE THAT ARE NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, QUALITY TITLE, OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . WITHOUT LIMITING THE FOREGOING LIMITATION, PALANTIR DOES NOT WARRANT THAT THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. PALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY SERVICES (INCLUDING WITHOUT LIMITATION, UPTIME GUARANTEES, OUTAGES, OR FAILURES), CUSTOMER DATA, OR ANY THIRD PARTY CONTENT. PALANTIR DOES NOT CONTROL THE TRANSFER OF INFORMATION OR CUSTOMER DATA OVER COMMUNICATIONS FACILITIES, THE INTERNET, OR THIRD PARTY SERVICES, AND THE SERVICE MAY BE SUBJECT TO DELAYS AND OTHER PROBLEMS INHERENT IN THE EXTENT ALLOWED BY APPLICABLE LAWUSE OF SUCH COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service

Disclaimer. (a) EXCEPT FOR THE WARRANTIES EXPRESSLY MADE IN SECTIONS 6.1-6.2, NEITHER PARTY MAKES ANY OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS WARRANTIES ABOVEOR IMPLIED (WHETHER WRITTEN OR ORAL), AS APPLICABLEINCLUDING, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE [***] MLCS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3D Line DOES NOT WARRANT THAT THE DELIVERABLES, OR ANY COMPONENT OR ELEMENT THEREOF ARE OR WILL BE ERROR FREE OR WILL MEET VIEWRAY’S OR ANY THIRD PARTY’S REQUIREMENTS. (b) ARE HEREBY EXCLUDED THE REPRESENTATIONS AND WARRANTIES OF EACH OF 3D Line AND VIEWRAY EXTEND ONLY TO THE OTHER PARTY. NEITHER PARTY WILL BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE LAWPROVIDED IN SECTIONS 7.2-7.3. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) VIEWRAY ACKNOWLEDGES THAT THE END USER IS PURCHASING THE HARDWARE 3D LINE MAY USE COMPONENTS FROM THIRD PARTY MANUFACTURERS IN [***] MLCS FOR THE PURPOSES OF A BUSINESSWHICH 3D Line HAS NEITHER DESIGN AUTHORITY OVER NOR RIGHTS TO MANUFACTURE AND THAT 3D LINE ITSELF [***]. To the extent permitted by [***], AND NOT FOR HOUSEHOLD OR CONSUMER USE3D Line agrees to use Commercially Reasonable Efforts to [***] to ViewRay any and all [***]. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYWith respect to those [***], IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE3D Line agrees to use Commercially Reasonable Efforts to [***] in the event that ViewRay [***].

Appears in 2 contracts

Sources: Joint Development and Supply Agreement, Joint Development and Supply Agreement (Viewray Inc)

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE STRATEGIC ALLIANCE AGREEMENT, PRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, WHETHER EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEWRITTEN OR ORAL, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO , NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE EXTENT ALLOWED BY APPLICABLE LAWORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE END USER IS PURCHASING OPERATION OR OTHER USE OF THE HARDWARE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR FEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD ORIGINATING PARTY PRODUCTS PROVIDED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY MADE AVAILABLE BY PRODUCT ORIGINATING PARTY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEPRODUCT SELLING PARTY.

Appears in 2 contracts

Sources: Strategic Alliance Agreement (PTC Inc.), Strategic Alliance Agreement (PTC Inc.)

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS SECTION 6, AS APPLICABLETHE IRONNET HARDWARE, ALL EXPRESSTHE IRONNET OFFERINGS, IMPLIED OR STATUTORY TERMSIAND SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, CONDITIONS, REPRESENTATIONSTHE IRONNET OFFERINGS, AND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE EXTENT ALLOWED BY APPLICABLE LAWWARRANTIES OF IRONNET AS SET FORTH HEREIN. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS IRONNET DOES NOT WARRANT THAT THE END USER IS PURCHASING THE IRONNET HARDWARE FOR THE PURPOSES OF A BUSINESSAND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND NOT FOR HOUSEHOLD OR CONSUMER USEMAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. VOCERA’S RESELLERS HAVE NO AUTHORITY ACCORDINGLY, FROM TIME TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYTIME, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE CUSTOMER MAY EXPERIENCE DOWNTIME AND EXCLUSIVE REMEDY STATED ERRORS IN THE APPLICABLE WARRANTY CLAUSE ABOVEOPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR ERROR.

Appears in 2 contracts

Sources: Standard License and Services Agreement, Standard License and Services Agreement

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EXPRESS WARRANTIES ABOVEPRODUCTS. SELLER DISCLAIMS AND DOES NOT OFFER ANY REPRESENTATION OR WARRANTY THAT PERFORMANCE OR USE OF THE PRODUCTS WILL NOT BE AFFECTED BY OTHER SYSTEMS, AS APPLICABLEEQUIPMENT OR DEVICES OF THAT THE PRODUCTS WILL NOT INTERFERE WITH THE USE OR PERFORMANCE OF OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE FOREGOING WARRANTIES, TERMS OR CONDITIONS ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESSOTHER WARRANTIES, IMPLIED TERMS OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSEXPRESS OR IMPLIED, AND WARRANTIES (EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OF OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, QUALITY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . BUYER EXPRESSLY ACKNOWLEDGES THAT SELLER HAS DESIGNED THE PRODUCTS SOLELY TO MEET THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON SPECIFICATIONS AND THAT BUYER OR ITS CUSTOMERS SHALL BE RESPONSIBLE FOR TESTING THE BASIS PRODUCTS IN ORDER TO DETERMINE THAT THE END USER IS PURCHASING PRODUCTS WILL NOT RECEIVE INTERFERENCE FROM OTHER SYSTEMS, EQUIPMENT OR DEVICES OR CAUSE INTERFERENCE WITH OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE HARDWARE FOR THE PURPOSES OF A BUSINESSPRODUCTS ARE NOT WARRANTED AGAINST, AND BUYER SHALL NOT BE LIABLE FOR, INJURIES, DAMAGES OR LOSSES OF ANY KIND SUSTAINED AS A RESULT OF USES FOR HOUSEHOLD WHICH THIS PRODUCT WAS NOT DESIGNED, INTENDED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TESTED BY BUYER OR THE FAILURE TO MAKE ANY REPRESENTATIONS USE THE PRODUCTS IN ACCORDANCE WITH ALL INSTRUCTIONS, AND ALL APPLICABLE SAFETY, REGULATORY AND INDUSTRY SAFETY STANDARDS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHEIR EQUIVALENT.

Appears in 2 contracts

Sources: Oem Purchase and Development Agreement (Global Eagle Entertainment Inc.), Oem Purchase and Development Agreement (Global Eagle Entertainment Inc.)

Disclaimer. EXCEPT FOR UI ACKNOWLEDGES AND AGREES THAT CL&P IS LICENSING THE EXPRESS WARRANTIES ABOVELICENSED PREMISES "AS IS, WHERE IS" AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOF THE DATE HEREOF, AND IN ITS CONDITION AS OF THE DATE HEREOF, AND THAT PRIOR TO THE EXECUTION OF THIS AGREEMENT, UI HAS CONDUCTED TO ITS SATISFACTION ALL NECESSARY AND SUFFICIENT EXAMINATION OF THE LICENSED PREMISES, AND THAT UI IS RELYING ON ITS OWN EXAMINATION OF THE LICENSED PREMISES, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY CL&P. CL&P EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY USAGE, OR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE) ARE HEREBY EXCLUDED AS TO THE EXTENT ALLOWED BY APPLICABLE LICENSED PREMISES, INCLUDING WHETHER THE GRANTING OF THE LICENSE HEREUNDER VIOLATES ANY INSTRUMENT, MORTGAGE, INDENTURE, DEED OF TRUST, AGREEMENT, CONTRACT AND/OR PERMIT RELATED TO THE LICENSED PREMISES, OR COMPLIANCE WITH ANY LAW. THIS LIMITED WARRANTY IS PROVIDED , OR AS TO THE CONDITION OF THE LICENSED PREMISES, OR ANY PART THEREOF, INCLUDING WHETHER CL&P POSSESSES SUFFICIENT RIGHTS TO PERMIT THE PRESENCE AND OPERATION OF THE GROUP OF PURCHASED UI ASSETS ON THE BASIS THAT LICENSED PREMISES. CL&P FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING TITLE TO THE END USER IS PURCHASING LICENSED PREMISES, THE HARDWARE FOR THE PURPOSES ABSENCE OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYHAZARDOUS MATERIALS ON, IN AND/OR UNDER THE LICENSED PREMISES, OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY ENVIRONMENTAL LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 2 contracts

Sources: Connecticut Neews Projects Agreement (Public Service Co of New Hampshire), Agreement Re: Connecticut Neews Projects (Uil Holdings Corp)

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN ARTICLE 16, SRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, CONCERNING THE TECHNOLOGY OR ANY TECHNICAL INFORMATION COMMUNICATED TO EUROBIOTECH BY SRI. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, SRI MAKES NO EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, OR IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS (FOR A PARTICULAR PURPOSE) PURPOSE OR OTHERWISE), QUALITY OR USEFULNESS OF THE TECHNOLOGY. ALL PHYSICAL EMBODIMENTS OF THE TECHNOLOGY PROVIDED BY SRI HEREUNDER ARE HEREBY EXCLUDED PROVIDED ON AN "AS IS" BASIS. SRI DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION INCLUDED WITHIN THE TECHNICAL INFORMATION NOR DOES SRI WARRANT THAT ANY SUCH INFORMATION CONSTITUTES TRADE SECRETS OR CONFIDENTIAL INFORMATION OR THAT THE PATENTS WILL BE FREE FROM CLAIMS OF INFRINGEMENT BY THIRD PARTIES OR ANY OTHER RIGHTS OF THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OTHER PARTY OR ANY RIGHTS HEREUNDER. IF THIRD PARTY FOR ANY CONDITION INCIDENTAL OR WARRANTY IMPLIED CONSEQUENTIAL DAMAGES IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCURRED BY LAW IN RELATION TO THE SALE OTHER PARTY OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEANY THIRD PARTY.

Appears in 2 contracts

Sources: Co Development Agreement (Bioenvision Inc), Co Development Agreement (Bioenvision Inc)

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED IN SECTION 3.1, THE EXPRESS WARRANTIES ABOVECOMPANY ASSETS THAT ARE TO BE INDIRECTLY OWNED BY CEP THROUGH THE COMPANY ARE ACCEPTED BY CEP AT CLOSING “AS IS, WHERE IS AND WITH ALL FAULTS.” EXCEPT AS APPLICABLEEXPRESSLY PROVIDED IN SECTION 3.1, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS▇▇▇▇▇▇▇ MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING WITHOUT LIMITATION ALL OR REPRESENTATIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY IN FACT OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT OF SUCH TO THE ORIGIN, QUANTITY, QUALITY, CONDITION OR WARRANTY IS LIMITEDSAFETY OF ANY EQUIPMENT OR OTHER PERSONAL PROPERTY, AT VOCERA’S OPTIONTITLE TO PERSONAL OR MIXED PROPERTY, TITLE TO REAL PROPERTY, COMPLIANCE WITH GOVERNMENTAL REGULATIONS OR LAWS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, CONDITION, QUANTITY, VALUE OR EXISTENCE OF RESERVES OF OIL, GAS OR OTHER MINERALS PRODUCIBLE OR RECOVERABLE FROM THE SOLE COMPANY ASSETS, OR OTHERWISE. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, THE COMPANY ASSETS ARE TO BE CONVEYED BY ▇▇▇▇▇▇▇ AND EXCLUSIVE REMEDY STATED IN ACCEPTED BY CEP (INDIRECTLY THROUGH THE APPLICABLE WARRANTY CLAUSE ABOVEACQUISITION OF THE ASSIGNED EQUITY PURSUANT TO THIS AGREEMENT) “AS IS, WHERE IS” AND WITHOUT RECOURSE AGAINST ▇▇▇▇▇▇▇.

Appears in 2 contracts

Sources: Contribution Agreement, Contribution Agreement (Constellation Energy Partners LLC)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLEEXPRESSLY SET FORTH IN THIS SECTION 5, ALL SERVICES, PROPRIETARY ITEMS, AND REPORTS ARE PROVIDED “AS IS” AND INSELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY TERMSARISING FROM COURSE OF DEALING, CONDITIONSCOURSE OF PERFORMANCE, REPRESENTATIONSUSAGE OF TRADE, AND WARRANTIES (OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSELLIGENCE DOES NOT REPRESENT OR WARRANT THAT: (A) ARE HEREBY EXCLUDED THE PROPRIETARY ITEMS OR REPORTS WILL MEET ANY FORECASTS, EXPECTATIONS OR SPECIFICATIONS OF SUBSCRIBER; (B) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE USE OF THE SERVICES WILL NOT RESULT IN A LOSS OF SUBSCRIBER CONTENT OR OTHER SUBSCRIBER DATA; OR (D) THE USE OF THE SERVICES WILL NOT EXPOSE THE SUBSCRIBER’S HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK. INSELLIGENCE DOES NOT MAKE ANY GUARANTEES ABOUT THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSREPORTS, AND DOES NOT ASSUME RESPONSIBILITY FOR HOUSEHOLD INACCURATE OR CONSUMER USEMISLEADING REPORTS. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF OR RELIANCE ON ANY REPRESENTATIONS SUCH REPORTS OR COMMITMENTS ON BEHALF OF VOCERA OTHER INFORMATION OR TO MODIFYDATA ACCESSED THROUGH THE SERVICES. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ARCHIVING AND RETAINING ANY AND ALL SUBSCRIBER CONTENT OR DATA UPLOADED TO, DOWNLOADED FROM, OR PROCESSED IN ANY RESPECTOR THROUGH, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES.

Appears in 2 contracts

Sources: Saas Subscription Agreement, Saas Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 10 (WARRANTY) OF EXHIBIT A, PEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO ANY OF THE GOODS, SERVICES OR INFORMATION PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT, AND PEOPLEPC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , NON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE BASIS THAT OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE ELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER IS PURCHASING USER; (IV) THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR (V) THE HARDWARE FOR UPTIME OF THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD INTERNET OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TELEPHONIC CONNECTIONS NECESSARY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO ACCESS THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY INTERNET WILL BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAVAILABLE WITHOUT INTERRUPTION.

Appears in 2 contracts

Sources: Master Services and Supply Agreement (Peoplepc Inc), Master Services and Supply Agreement (Peoplepc Inc)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE EXPRESS WARRANTIES ABOVESERVICES ARE PROVIDED “AS-IS”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, AS APPLICABLECONDITION, ALL REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND TO THE OTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED OR STATUTORY TERMSWARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND WARRANTIES (INCLUDING GUARANTIES, INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF LIMITATION, ANY WITH RESPECT TO TITLE, MERCHANTABILITY, QUALITY NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD (4) JASPER’S LIABILITY UNDER ANY IMPLIED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED STATUTORY WARRANTY, ANY OF ITS PROVISIONS CONDITION, REPRESENTATION, UNDERTAKING OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS GUARANTY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LEGALLY EXCLUDED IS LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR WARRANTY IS LIMITEDPAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, AT VOCERA’S OPTION, ▇▇▇▇▇▇ DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. CUSTOMER AGREES TO MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, END USER’S REMEDY CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN RESPECT THIS AGREEMENT, AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, SHALL BE LIMITED TO THE SOLE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKNOWLEDGES AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAGREES THAT AIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR OR VIRUS-FREE.

Appears in 2 contracts

Sources: Online Terms of Use, Online Terms of Use

Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS MAKE NO OTHER WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PRODUCTS OR SERVICES. EXCEPT AS SPECIFIED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE PRODUCTS OR SERVICES OR THE SERVER(S) THAT MAKE THE PRODUCTS OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ▇▇▇▇▇ MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, INCLUDING FOR THE EXPRESS EXAMPLE ANY WARRANTIES ABOVEREGARDING SYSTEM AVAILABILTIY OR UPTIME. ALL CONDITIONS, AS APPLICABLEREPRESENTATIONS AND WARRANTIES, ALL WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 2 contracts

Sources: Global Terms and Conditions, Global Terms and Conditions

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEAS EXPRESSLY PROVIDED HEREIN, AS APPLICABLENEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, ALL WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOTHERWISE, AND WARRANTIES (INCLUDING WITHOUT LIMITATION EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NON-INFRINGEMENT, UNINTERRUPED OR ERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USEWHATSOEVER. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENFURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, END USER’S REMEDY G2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (A) PERFORMANCE, QUALITY, AND RESULTS, (B) CLICK RATES AND CONVERSIONS, AND (C) THE ACCURACY OF THE INFORMATION THAT G2 PROVIDES IN RESPECT OF SUCH CONDITION CONNECTION WITH THE SITE AND/OR WARRANTY IS LIMITEDTHE G2 CONTENT. G2 SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. With respect to the Application(s), AT VOCERA’S OPTIONYou acknowledge that G2 does not control the transfer of data over telecommunications facilities, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEincluding the internet. G2 does not warrant secure operation of the Application(s) or that it will be able to prevent third-party disruptions of the Application(s). You acknowledge further that the Application(s) may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. G2 is not responsible for any delays, delivery failures, or other damage resulting from such problems with the use of the internet or electronic communications.

Appears in 2 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS EXPRESSLY PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENHEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, END USERTHE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REMEDY REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN RESPECT LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH CONDITION THIRD PARTIES CAN IMPAIR OR WARRANTY IS LIMITED, AT VOCERADISRUPT CLIENT’S OPTION, CONNECTIONS TO THE SOLE INTERNET (OR PORTIONS THEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND EXCLUSIVE REMEDY STATED IN TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE APPLICABLE WARRANTY CLAUSE ABOVECONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION.

Appears in 2 contracts

Sources: End User Agreement, End User License Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, THIS SOFTWARE PACKAGE IS PROVIDED BY STMICROELECTRONICS AND CONTRIBUTORS "AS APPLICABLE, ALL IS" AND ANY EXPRESS, IMPLIED OR STATUTORY TERMSWARRANTIES, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE HEREBY EXCLUDED DISCLAIMED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, END USER’S REMEDY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN RESPECT CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH CONDITION DAMAGE. EXCEPT AS EXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO ANY APPLICABLE THIRD-PARTY TERMS AND OPEN SOURCE TERMS, NO LICENSE OR WARRANTY IS LIMITEDOTHER RIGHTS, AT VOCERA’S OPTIONWHETHER EXPRESS OR IMPLIED, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF STMICROELECTRONICS OR ANY THIRD PARTY. 04-Feb-2019 1 Initial release.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

Disclaimer. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10.1 AND 10.2 ABOVE SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER LIABILITIES, OBLIGATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY SUITABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED PURPOSE OR USE, NON-INFRINGEMENT AS WELL AS ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. LICENSOR MAKES NO WARRANTY AS TO THE EXTENT ALLOWED BY APPLICABLE LAWRESULTS TO BE DERIVED FROM THE USE OF OR INTEGRATION WITH ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT THE OPERATION OF ANY PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THIS LIMITED WARRANTY THE PRODUCTS AND/OR SERVICES ARE PROVIDED TO THE CUSTOMER ON AN “AS-IS” BASIS. UNIPHORE DOES NOT REPRESENT THAT THE PRODUCT OR SERVICES MEET THE CUSTOMER’S REQUIREMENTS. CUSTOMER AGREES THAT IT IS PROVIDED NOT RELYING AND HAS NOT RELIED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE DELIVERY OF FUTURE FUNCTIONALITY IN OBTAINING A LICENSE FOR THE PURPOSES PRODUCT. THE CUSTOMER HAS INDEPENDENTLY EVALUATED THE PRODUCT AND/OR SERVICES AND DETERMINED THEIR SUITABILITY FOR ITS NEEDS. CUSTOMER AGREES THAT UNIPHORE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, FAILURE OR PROBLEMS RESULTING FROM USE OF A BUSINESSTHE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF UNIPHORE’S CONTROL, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEINCLUDING THIRD PARTY SYSTEMS.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Disclaimer. EXCEPT THE DOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND 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 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 ALL SUCH DATA AND INFORMATION IS AT ITS OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOURTH SHALL HAVE NO LIABILITY FOR ANY SUCH USE.EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES ABOVESTATED IN THIS SECTION 7, EXCEPT AS APPLICABLEPROVIDED IN SECTION 7 OF THIS AGREEMENT FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, ALL WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR STATUTORY TERMSBY OPERATION OF LAW), CONDITIONSOR STATUTORY, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION AS TO ANY MATTER WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICES. FOURTH DOES NOT FOR HOUSEHOLD WARRANT THAT ANY SERVICE OR CONSUMER USEDOCUMENTATION IS ERROR-FREE OR VIRUS-FREE, OR THAT OPERATION OR USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF WARRANTIES THAT SUBSCRIBER’S USE OF VOCERA 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 MODIFYLIMITATIONS, IN ANY RESPECTDELAYS, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED OTHER PROBLEMS INHERENT IN THE APPLICABLE WARRANTY CLAUSE ABOVEUSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOURTH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions

Disclaimer. EXCEPT FOR AS EXPRESSLY SET OUT IN SECTION 9.1: (A) THE EXPRESS WARRANTIES ABOVESERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY THOUGHTFARMER TO CUSTOMER ARE PROVIDED “AS IS”, AS APPLICABLEAVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) THOUGHTFARMER HEREBY DISCLAIMS ALL EXPRESS, IMPLIED IMPLIED, COLLATERAL OR STATUTORY TERMSWARRANTIES, REPRESENTATIONS OR CONDITIONS, REPRESENTATIONSWHETHER WRITTEN OR ORAL, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE; (C) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THOUGHTFARMER DOES NOT WARRANT THAT THE END USER SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE; AND (D) WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THOUGHTFARMER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS) IS PURCHASING THE HARDWARE ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.THOUGHTFARMER IS NOT RESPONSIBLE FOR THE PURPOSES OF A BUSINESSACTS OR OMISSIONS OF, AND NOT OR FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTYTHE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ITS PROVISIONS ANY SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY THOUGHTFARMER, TELECOMMUNICATIONS PROVIDERS, OR ANY RIGHTS HEREUNDER. IF ANY CONDITION SOFTWARE OR WARRANTY IMPLIED HARDWARE NOT PROVIDED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHOUGHTFARMER.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED IN SECTION 8.2 (SERVICE, SOFTWARE, API/XML, REVEL POS PLATFORM WARRANTY) AND SECTION 8.3 (PROFESSIONAL SERVICES WARRANTY) AND TO THE EXPRESS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REVEL POS PLATFORM, SERVICE, SOFTWARE, API/XML, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND REVEL, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES ABOVEOF ANY KIND, AS APPLICABLE, ALL WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR STATUTORY TERMSEXPRESS WARRANTIES, CONDITIONS, REPRESENTATIONS, AND INCLUDING ANY WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWPURPOSE AND NON- INFRINGEMENT OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS REVEL DOES NOT REPRESENT OR WARRANT THAT THE END USER IS PURCHASING REVEL POS PLATFORM, SERVICE, SOFTWARE OR API/XML WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS OR THAT CUSTOMER DATA OR CUSTOMER MATERIALS, WILL BE SECURE OR NOT LOST OR DAMAGED. REVEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE HARDWARE FOR INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY THIRD-PARTY HOSTING PROVIDERS. THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDY STATED WARRANTIES PROVIDED TO CUSTOMER IN THE APPLICABLE WARRANTY CLAUSE ABOVECONNECTION WITH THIS AGREEMENT. ▇▇▇▇▇ MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ON BEHALF OF ANY THIRD PARTY PROVIDER.

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, END USER’S REMEDY CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN RESPECT THIS AGREEMENT, AIRCALL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, SHALL BE LIMITED TO THE SOLE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKKNOWLEDGES AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAGREES THAT AIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, ERROR OR VIRUS-FREE.

Appears in 2 contracts

Sources: Online Terms of Use, Terms of Use

Disclaimer. EXCEPT FOR AS OTHERWISE PROVIDED HEREIN THE EXPRESS INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY ROCHE "AS IS WHERE IS" AND ROCHE MAKES NO, AND DISCLAIMS ALL WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, AND REPRESENTATIONS, AND WARRANTIES EXPRESS OR IMPLIED, CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITYDESIGN, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY SERVICE; (b) THE COMMERCIAL SUCCESS OF ANY LICENSED SERVICE; (c) THE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED SERVICE BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE HEREBY EXCLUDED IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PARTIES SPECIFICALLY AGREE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES NEITHER PARTY SHALL BE SUBJECT TO AND THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF A BUSINESSBREACH OF WARRANTY, AND NOT FOR HOUSEHOLD (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR CONSUMER USE. VOCERA’S RESELLERS (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN THOUGH A PARTY MAY HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF BEEN ADVISED OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT POSSIBILITY OF SUCH CONDITION DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER PARTY HEREUNDER.

Appears in 1 contract

Sources: License Agreement (Igen International Inc /De)

Disclaimer. EXCEPT FOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED “ AS- IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEINCLUDING, ALL EXPRESSBUT NOT LIMITED TO, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF ( i ) MERCHANTABILITY, QUALITY OR ; ( i i ) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; ( i i i ) ARE HEREBY EXCLUDED QUALITY; ( iv) PRODUCTIVENESS; OR ( v) CAPACITY, OR THAT THE OPERATION OF THE PROGRAM INCLUDED WITHIN THE PROGRAM IS ERROR- FREE. THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE PROGRAM REMAINS WITH DISTRICT. 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 DISTRICT OR ANY THIRD PARTIES; OR ( c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF PROGRAM BASED ON THE FLOW OF DATA TO OR FROM NWEA’ S NETWORK AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT DISTRICT’ S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET ( OR PORTIONS THEREOF). THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENTS.

Appears in 1 contract

Sources: Trial Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLEWARRANTED IN SECTION 0, ALL EXPRESSSOFTWARE, IMPLIED DELIVERABLES, INFORMATION AND SERVICES PROVIDED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSMADE AVAILABLE BY US TO YOU HEREUNDER (“Items”) ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER, AND WE EXCLUDE AND DISCLAIM ALL OTHER WARRANTIES (OF ANY KIND WHATSOEVER RELATING TO THE ITEMS, INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ITEMS WILL BE ERROR-FREE, COMPLETELY SECURE, OR 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 AND SERVICE ARE HEREBY EXCLUDED NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE SOFTWARE AND SERVICE ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT THIS SECTION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 1 contract

Sources: End User License Agreement

Disclaimer. 13.1 EACH PARTY ACKNOWLEDGES THAT THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION WHICH WILL BE PRODUCED PURSUANT TO THE RESEARCH PROGRAM ARE EXPERIMENTAL AND THEIR PROPERTIES ARE NOT COMPLETELY KNOWN. EACH PARTY SHALL BEAR FULL RESPONSIBILITY FOR SAFE HANDLING, STORAGE, TRANSFER AND USE OF ANY COMPOUNDS AND PROGRAM COMPOUND INFORMATION IN ITS POSSESSION. 13.2 EACH PARTY AGREES TO ACT IN ACCORDANCE WITH ALL IMPORT/EXPORT LAWS AND ENVIRONMENTAL AND DRUG LAWS AND REGULATIONS AND ALL OTHER LAWS AND REGULATIONS APPLICABLE TO THE USE AND POSSESSION OF THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION. 13.3 EXCEPT FOR THE EXPRESS WARRANTIES ABOVEAS EXPRESSLY SET FORTH HEREIN, COMPOUNDS AND PROGRAM COMPOUND INFORMATION PROVIDED HEREUNDER ARE PROVIDED "AS APPLICABLEIS" AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, ALL EXPRESS, IMPLIED IMPLIED, -16 STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . 13.4 WITHOUT LIMITING THE PARTIES' RESPECTIVE INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 11, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY THE OTHER PARTY, INCLUDING LOST PROFITS OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE EXTENT ALLOWED BY APPLICABLE LAWSAME), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS ESSENTIAL PURPOSE OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEPROVIDED HEREIN.

Appears in 1 contract

Sources: Collaboration Agreement (Cytokinetics Inc)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE EXPRESS WARRANTIES ABOVESERVICES ARE PROVIDED “AS-IS”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, AS APPLICABLECONDITION, ALL REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND TO THE OTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED OR STATUTORY TERMSWARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND WARRANTIES (INCLUDING GUARANTIES, INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF LIMITATION, ANY WITH RESPECT TO TITLE, MERCHANTABILITY, QUALITY NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD (4) JASPER’S LIABILITY UNDER ANY IMPLIED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED STATUTORY WARRANTY, ANY OF ITS PROVISIONS CONDITION, REPRESENTATION, UNDERTAKING OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS GUARANTY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LEGALLY EXCLUDED IS LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR WARRANTY IS LIMITEDPAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, AT VOCERA’S OPTION, ▇▇▇▇▇▇ DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. CUSTOMER AGREES TO MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES.

Appears in 1 contract

Sources: Software as a Service Agreement

Disclaimer. EXCEPT FOR AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE AND THE DATA ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIQUID ROBOTICS EXPLICITLY DISCLAIMS ANY WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THIS LIMITED LIQUID ROBOTICS MAKES NO WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA WILL (1) MEET THE REQUIREMENTS OF CUSTOMER, OR (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIQUID ROBOTICS IS PURCHASING UNDER NO OBLIGATION TO RETAIN ANY DATA AND LIQUID ROBOTICS WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RESULTING FROM THE HARDWARE FOR USE OF THE PURPOSES DATA OR LIQUID ROBOTICS DATA SERVICES. LIQUID ROBOTICS MAKES NO WARRANTY REGARDING THE QUALITY OF A BUSINESSTHE LIQUID ROBOTICS DATA SERVICES, AND THE LIQUID ROBOTICS SITE, OR THE DATA, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIQUID ROBOTICS OR THROUGH THE LIQUID ROBOTICS DATA SERVICES, THE LIQUID ROBOTICS SITE, OR THE DATA WILL CREATE ANY WARRANTY NOT FOR HOUSEHOLD OR CONSUMER USEEXPRESSLY MADE HEREIN. VOCERA’S RESELLERS HAVE NO AUTHORITY SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, CUSTOMER IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEFULL.

Appears in 1 contract

Sources: Data Services Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES AS STATED IN SECTION 4.1 ABOVE, AS APPLICABLENETSUITE DOES NOT REPRESENT THAT THE CUSTOMER’S USE OF THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE PROFFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL EXPRESSERRORS IN THE PROFESSIONALS SERVICES, IMPLIED DELIVERABLES AND/OR STATUTORY TERMSTOOLS WILL BE CORRECTED OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 4.1 ABOVE ARE THE SOLE WARRANTIES AND REMEDIES FOR CUSTOMER AND EXCLUSIVE OBLIGATIONS OF NETSUITE RELATED TO THE PROFESSIONAL SERVICES, DELIVERABLES AND/OR TOOLS TO BE PERFORMED FOR AND DELIVERED TO CUSTOMER PURSUANT TO THIS PSA AND ANY STATEMENT OF WORK. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, REPRESENTATIONSEXPRESS OR IMPLIED, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS LIMITATION, THOSE OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. EXCEPT AS PROVIDED HEREIN, THE PROFESSIONAL SERVICES, DELIVERABLES, AND/OR TOOLS PROVIDED TO CUSTOMER ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE AN “AS IS” AND “AS AVAILABLE” BASIS THAT THE END USER IS PURCHASING THE HARDWARE AND ARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECOMMERCIAL USE ONLY.

Appears in 1 contract

Sources: Professional Services

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES WE MAKE WITH RESPECT TO THE SURVEYGIZMO SERVICES OR OTHERWISE UNDER THIS AGREEMENT. WE EXPRESSLY DISCLAIM (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES, AS APPLICABLE, ALL EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONSRELATING TO THE SURVEYGIZMO SERVICES, REPRESENTATIONS, AND INCLUDING BUT NOT LIMITED TO ANY WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT (A) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWSURVEYGIZMO SERVICES WILL MEET YOUR BUSINESS REQUIREMENTS, (B) THE OPERATION OF THE SURVEYGIZMO SERVICES WILL BE COMPLETELY SECURE, ERROR-FREE OR UNINTERRUPTED, OR (C) ALL ERRORS WILL BE CORRECTED. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS WE SHALL HAVE NO AUTHORITY LIABILITY FOR ANY DELAYS OR INTERRUPTIONS IN ACCESS TO OR USE OF THE SURVEYGIZMO SERVICES RESULTING FROM USE OF THE INTERNET AND/OR TELECOMMUNICATIONS CONNECTIONS OR EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT OUR SUPPLIERS MAKE NO DIRECT WARRANTY OF ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR KIND TO MODIFY, IN ANY RESPECT, YOU UNDER THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAGREEMENT.

Appears in 1 contract

Sources: Surveygizmo Services Agreement

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE EXPRESS WARRANTIES ABOVEEXTENT PERMITTED BY APPLICABLE LAW, AS APPLICABLEAIRIA, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY TERMSOTHERWISE, CONDITIONSWITH REGARD TO AIRIA SERVICES, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES , NON-INFRINGEMENT OF A BUSINESSPROPRIETARY RIGHTS, WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF WARRANTIES THAT AIRIA SERVICES MEET THE REQUIREMENTS OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS CUSTOMER OR ANY RIGHTS HEREUNDERTHIRD PARTY, WILL BE AVAILABLE WITHOUT INTERRUPTION OR WORK WITH ANY THIRD-PARTY SERVICES (WHICH SHALL BE PROVIDED AS-IS). IF AIRIA IS NOT RESPONSIBLE FOR ANY CONDITION ERRORS, DATA LOSS, DATA CORRUPTION, OR WARRANTY IMPLIED BY LAW OTHER LOSSES RELATING TO CUSTOMER’S USE OF ANY THIRD- PARTY SERVICES AND DISCLAIMS ALL LIABILITY TO CUSTOMER RELATING TO CLAIMS IN RELATION CONNECTION WITH CUSTOMER’S USE OF THIRD-PARTY SERVICES. 14.3. AI DISCLAIMER. AIRIA SERVICES, INCLUDING ITS OR ITS THIRD-PARTY SERVICES PROVIDERS’ ARTIFICIAL INTELLIGENCE TECHNOLOGY AND MODELS (“AI COMPONENTS”), ARE MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. AIRIA MAKES NO GUARANTEES ABOUT THE ACCURACY OR QUALITY OF AIRIA SERVICES OR OUTPUTS. THE USE OF AIRIA SERVICES IS ENTIRELY AT CUSTOMER’S OWN RISK. CUSTOMER AGREES THAT: (I) THERE ARE INHERENT RISKS OF INACCURACY AND UNPREDICTABILITY WITH AI COMPONENTS; (II) AIRIA IS NOT RESPONSIBLE FOR ANY INACCURATE, UNPREDICTED, OR UNDESIRABLE RESULTS OR OUTPUTS FROM CUSTOMER’S USE OF THE AIRIA SERVICES; AND (III) CUSTOMER WILL EMPLOY CAUTION AND APPROPRIATE HUMAN OVERSIGHT WHEN USING AIRIA SERVICES. AIRIA IS NOT LIABLE AND DISCLAIMS ALL LIABILITY FOR ANY CONSEQUENCES OR DAMAGES RELATING TO CUSTOMER, AND ANY OTHER THIRD-PARTY RELYING ON OR USING THE SALE AIRIA SERVICES, THIRD-PARTY SERVICES, OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAI COMPONENTS.

Appears in 1 contract

Sources: Terms and Conditions

Disclaimer. EXCEPT FOR TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING MIMECAST’S EXPRESS WARRANTIES ABOVEOBLIGATIONS UNDER THIS AGREEMENT, AS APPLICABLE, MIMECAST HEREBY DISCLAIMS (TO THE EXTENT EXISTING IN LAW) ALL EXPRESS, IMPLIED OR STATUTORY TERMSGUARANTEES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, AND WARRANTIES (IMPLIED, STATUTORY OR OTHERWISE CONCERNING ANY SERVICES, SOFTWARE, DOCUMENTATION OR MATERIALS PROVIDED BY MIMECAST, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO, THOSE IMPLIED WARRANTIES AND OR CONDITIONS OF MERCHANTABILITYMERCHANTABILITY OF TITLE, QUALITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE) , AND NON-INFRINGEMENT. THE SERVICES DO NOT QUALIFY AS LEGAL OR EXPERT ADVICE. CUSTOMER SHOULD CONSIDER WHETHER THE SERVICES ARE HEREBY EXCLUDED APPROPRIATE FOR CUSTOMER’S NEEDS, AND WHERE APPROPRIATE, SEEK LEGAL OR EXPERT ADVICE. MIMECAST DOES NOT REPRESENT THAT THE SERVICES WILL ACHIEVE INTENDED RESULTS, BE UNINTERRUPTED OR ERROR FREE OR MEET CUSTOMER’S REQUIREMENTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT REPORTS, GRAPHS, ANALYSES OR SIMILAR INFORMATION WHICH MAY BE PROVIDED AS PART OF THE SERVICES, ARE BASED ON INFORMATION KNOWN TO MIMECAST AT THE TIME AND PROVIDED FOR CUSTOMER’S INTERNAL BUSINESS PURPOSES ONLY. MIMECAST WILL USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION BUT MAKES NO GUARANTEE AS TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON ACCURACY OR COMPLETENESS OF THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEINFORMATION PROVIDED.

Appears in 1 contract

Sources: Services Agreements

Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY ONXEO: (A) THAT THE PRODUCT IS OR WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, INDUSTRIAL DESIGN OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (B) REGARDING THE EFFECTIVENESS, VALUE, SAFETY, NON-TOXICITY OF THE PRODUCT OR ANY INFORMATION OR RESULTS PROVIDED BY ONXEO PURSUANT TO THIS AGREEMENT, OR (C) REGARDING THE ABILITY OF DARA TO COMMERCIALIZE THE PRODUCT IN THE TERRITORY OR THE ADEQUACY OR SUFFICIENCY OF THE ASSETS OR RIGHTS GRANTED HEREUNDER FOR THE EXPRESS WARRANTIES ABOVESUCH PURPOSE. EXCEPT AS SET FORTH HEREIN, AS APPLICABLEONXEO HEREBY DISCLAIMS, AND DARA HEREBY WAIVES, RELEASES AND RENOUNCES, ALL EXPRESSWARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN THE PRODUCT PROVIDED HEREUNDER OR THE API INCLUDED THEREIN, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY ABSENCE OF HIDDEN DEFECTS (WITHOUT LIMITATION ON PROVISIONS OF THE SUPPLY AGREEMENT) OR FITNESS FOR A PARTICULAR PURPOSE, OR (II) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED ANY IMPLIED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES ARISING FROM COURSE OF A BUSINESSPERFORMANCE, AND NOT FOR HOUSEHOLD COURSE OF DEALING OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF USAGE OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETRADE.

Appears in 1 contract

Sources: Commercialization Agreement (Midatech Pharma PLC)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVELIMITED WARRANTY PROVIDED IN SECTION 18 (LIMITED WARRANTY), AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, IMPLIED EITHER EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF OF (i) MERCHANTABILITY, QUALITY OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) ARE HEREBY EXCLUDED QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE 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 SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET (OR PORTIONS THEREOF). THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENTS.

Appears in 1 contract

Sources: Master Subscription Agreement

Disclaimer. EXCEPT EXABLOX AND ITS SUPPLIERS PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. EXABLOX AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-­‐FREE OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE SERVICES MAY INCLUDE ACCESS TO AND USE OF A WEB-­‐DELIVERED PORTAL MADE AVAILABLE TO CUSTOMER BY EXABLOX FOR USE DURING THE TERM OF THIS AGREEMENT; (II) THE SERVICES MAY REQUIRE ACCESS TO AND USE OF THE INTERNET; (III) EXABLOX DOES NOT HAVE ANY RESPONSIBILITY FOR OPERATING OR MAINTAINING CUSTOMER SERVERS AND CUSTOMER’S CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICES; AND (IV) THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA AND CUSTOMER ACCEPTS ALL ASSOCIATED RISKS. EXABLOX AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES 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: (A) WARRANTIES OF MERCHANTABILITY; (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EXABLOX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY SET FORTH ABOVE FAILS OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEESSENTIAL PURPOSE.

Appears in 1 contract

Sources: End User License Agreement

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS SECTION 6, AS APPLICABLETHE IRONNET HARDWARE, ALL EXPRESSTHE IRONNET OFFERINGS, IMPLIED OR STATUTORY TERMSIAND SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, CONDITIONSTHE IRONNET OFFERINGS, REPRESENTATIONSND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE EXTENT ALLOWED BY APPLICABLE LAWWARRANTIES OF IRONNET AS SET FORTH HEREIN. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS IRONNET DOES NOT WARRANT THAT THE END USER IS PURCHASING THE IRONNET HARDWARE FOR THE PURPOSES OF A BUSINESSAND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND NOT FOR HOUSEHOLD OR CONSUMER USEMAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. VOCERA’S RESELLERS HAVE NO AUTHORITY ACCORDINGLY, FROM TIME TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYTIME, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE CUSTOMER MAY EXPERIENCE DOWNTIME AND EXCLUSIVE REMEDY STATED ERRORS IN THE APPLICABLE WARRANTY CLAUSE ABOVEOPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR ERROR.

Appears in 1 contract

Sources: Standard License and Services Agreement

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES ABOVEPROVIDED IN SECTION 8, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SCHOOLOGY SYSTEM IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE END USER OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND LIABILITY ARISING OUT OF THE USE OF THE SCHOOLOGY SYSTEM REMAINS WITH CUSTOMER, INCLUDING, BUT NOT LIMITED TO, WHEN CUSTOMER’S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, THERE IS PURCHASING THE HARDWARE NO WARRANTY FOR THE PURPOSES PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF A BUSINESS, AND NOT FOR HOUSEHOLD SCHOOLOGY’S REASONABLE CONTROL; OR CONSUMER USE. VOCERA(B) THAT RESULTED FROM ANY ACTION OR INACTION OF CUSTOMER OR CUSTOMER’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS THIRD PARTIES; OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE(C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS.

Appears in 1 contract

Sources: Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEIN THIS SECTION 8, AS APPLICABLECROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, ALL WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONDITIONS, REPRESENTATIONS, CROWDSTRIKE AND WARRANTIES (INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, AND NON-INFRINGMENT WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWOFFERINGS. THIS LIMITED THERE IS NO WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING OFFERINGS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE HARDWARE OFFERINGS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE PURPOSES OF A BUSINESS, AND OFFERINGS ARE NOT FOR HOUSEHOLD USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYINDIRECT LIFE-SUPPORT SYSTEMS, IN ANY RESPECTAIR TRAFFIC CONTROL, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDERAPPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. IF Customer agrees that it is Customer’s responsibility to ensure safe use of an Offering in such applications and installations. CROWDSTRIKE DOES NOT WARRANT ANY CONDITION THIRD PARTY PRODUCTS OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES.

Appears in 1 contract

Sources: Crowdstrike Terms and Conditions for Humio Self Hosted Product

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH HEREIN, EACH OF THE EXPRESS WARRANTIES ABOVEOort PAAS AND Oort SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND Oort DISCLAIMS ANY AND ALL WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, AS APPLICABLENEITHER PARTY MAKES ANY ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, ALL WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR STATUTORY TERMSBY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, REPRESENTATIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NEITHER PARTY WARRANTS AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR SERVICES PROVIDED ON THE BASIS BY SUCH PARTY OR AGAINST INFRINGEMENT. NEITHER PARTY WARRANTS THAT THE END USER IS PURCHASING PRODUCTS OR SERVICES PROVIDED BY SUCH PARTY ARE ERROR-FREE OR THAT OPERATION OF SUCH PARTY’S PRODUCTS OR SERVICES WILL BE SECURE OR UNINTERRUPTED. NEITHER PARTY WILL HAVE THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RIGHT TO MAKE OR PASS ON ANY REPRESENTATIONS REPRESENTATION OR COMMITMENTS WARRANTY ON BEHALF OF VOCERA OR THE OTHER PARTY TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHIRD PARTY.

Appears in 1 contract

Sources: Service Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 10 [LIMITED WARRANTIES] ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES APPLICABLE TO THE SERVICES. THIS LIMITED WARRANTY IS THE NUANCE SOFTWARE AND HOSTED SERVICES ARE PROVIDED ON THE AN "AS IS" AND "AS AVAILABLE" BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES WITHOUT WARRANTY OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USEANY KIND. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT NUANCE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SUCH CONDITION MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NUANCE DOES NOT GUARANTEE THAT THE NUANCE SOFTWARE, EQUIPMENT OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. ▇▇▇▇▇▇ MAKES NO REPRESENTATION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, WITH RESPECT TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEANY THIRD PARTY SOFTWARE OR ANY THIRD PARTY EQUIPMENT.

Appears in 1 contract

Sources: Hosted Services Subscription Agreement

Disclaimer. EXCEPT FOR AV MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THE EXPRESS LIMITED WARRANTIES ABOVEMADE BY AV IN THIS SECTION 12, AS APPLICABLE, AND AV HEREBY SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 12, ALL LICENSED PROGRAMS ARE LICENSED ON AN “AS IS” BASIS WITHOUT WARRANTY. AV DOES NOT WARRANT THAT (I) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON OPERATION OF THE BASIS THAT PRODUCTS OR PASS THROUGH ITEMS WILL BE UNINTERRUPTED OR ERROR FREE; (II) THE PRODUCTS OR PASS THROUGH ITEMS AND DOCUMENTATION WILL MEET THE END USER IS PURCHASING USERS’ REQUIREMENTS; (III) THE HARDWARE FOR PRODUCTS OR PASS THROUGH ITEMS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION ; OTHER THAN COMBINATIONS AND CONFIGURATIONS WITH PASS THROUGH ITEMS OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER PRODUCTS AUTHORIZED BY AV OR (IV) THAT ALL LICENSED PROGRAM ERRORS WILL BE CORRECTED.

Appears in 1 contract

Sources: Reseller Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVECOMPANY DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, AS APPLICABLEOR THAT THE COMPANY WILL CORRECT ALL SERVICES ERRORS, ALL EXPRESS(B) THE SERVICES WILL OPERATE IN COMBINATION WITH THE DATA OR CUSTOMER’S OTHER APPLICATIONS, IMPLIED OR STATUTORY TERMSWITH ANY OTHER HARDWARE, CONDITIONSSOFTWARE, REPRESENTATIONSSYSTEMS OR DATA NOT PROVIDED BY THE COMPANY, AND WARRANTIES (C) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OR ANY REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OF CUSTOMER’S PATIENTS. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES THE INTERNET, THE CUSTOMER’S OWN DATA SYSTEMS AND CONDITIONS IT NETWORKS, THE SIEMENS ECOSYSTEM, THE DATA HOSTING AND STORAGE FACILITIES OF MERCHANTABILITYMICROSOFT AZURE OR ANY HOSTING SERVICES PROVIDE, QUALITY AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR FITNESS OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE COMPANY IS NOT RESPONSIBLE FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED ANY ISSUES RELATED TO THE EXTENT ALLOWED BY APPLICABLE LAWPERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM THE DATA. THIS LIMITED THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IS PROVIDED ON REGARDING THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF A BUSINESSTHIRD-PARTY CONTENT, AND NOT FOR HOUSEHOLD DISCLAIMS ALL LIABILITIES ARISING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHIRD PARTY CONTENT.

Appears in 1 contract

Sources: Cartonet Cloud Services Terms and Conditions

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS WARRANTIES ABOVEOR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, AS APPLICABLEPRODUCTION, ALL EXPRESSDISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE HEREBY EXCLUDED PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS EXCEPT FOR ANY LIABILITIES THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USERIN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S REMEDY LIABILITY (WHETHER IN RESPECT CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONDITION OR WARRANTY IS LIMITEDDAMAGES, AT VOCERA’S OPTION, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE SOLE AND EXCLUSIVE REMEDY STATED IN TERMS OF THIS EUA DURING THE APPLICABLE WARRANTY CLAUSE ABOVEPREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Appears in 1 contract

Sources: End User Agreement

Disclaimer. 13.1 EACH PARTY ACKNOWLEDGES THAT THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION WHICH WILL BE PRODUCED PURSUANT TO THE RESEARCH PROGRAM ARE EXPERIMENTAL AND THEIR PROPERTIES ARE NOT COMPLETELY KNOWN. EACH PARTY SHALL BEAR FULL RESPONSIBILITY FOR SAFE HANDLING, STORAGE, TRANSFER AND USE OF ANY COMPOUNDS AND PROGRAM COMPOUND INFORMATION IN ITS POSSESSION. 13.2 EACH PARTY AGREES TO ACT IN ACCORDANCE WITH ALL IMPORT/EXPORT LAWS AND ENVIRONMENTAL AND DRUG LAWS AND REGULATIONS AND ALL OTHER LAWS AND REGULATIONS APPLICABLE TO THE USE AND POSSESSION OF THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION. 13.3 EXCEPT FOR THE EXPRESS WARRANTIES ABOVEAS EXPRESSLY SET FORTH HEREIN, COMPOUNDS AND PROGRAM COMPOUND INFORMATION PROVIDED HEREUNDER. ARE PROVIDED "AS APPLICABLEIS" AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, ALL EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . 13.4 WITHOUT LIMITING THE PARTIES' RESPECTIVE INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 11, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY THE OTHER PARTY, INCLUDING LOST PROFITS OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE EXTENT ALLOWED BY APPLICABLE LAWSAME), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS ESSENTIAL PURPOSE OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEPROVIDED HEREIN.

Appears in 1 contract

Sources: Collaboration Agreement (Cytokinetics Inc)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR AS OTHERWISE EXPRESSLY SETFORTH IN THIS AGREEMENT, THE EXPRESS WARRANTIES ABOVEPLATFORM, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSMAINTENANCE AND SUPPORT, AND WARRANTIES (INCLUDING ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATION ALL WARRANTY OF ANY KIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITYOFMERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, NON-INFRINGEMENT, OR ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. IGNYTE DOES NOT VERIFY, ERROR-CHECK ORWARRANT THE ACCURACY OR FITNESS OF ANY INFORMATION UPLOADED OR ENTERED INTO THE PLATFORM. IGNYTE IS NOT RESPONSIBLE FOR ANY DEFECT CAUSED BY OR THAT OTHERWISE RESULTS FROM MODIFICATIONS, MISUSE OR DAMAGE TO THE EXTENT ALLOWED PLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY APPLICABLE LAWCLIENT IN WHOLE OR IN PART. THIS LIMITED WARRANTY IS PROVIDED ON WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE BASIS THAT PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSMOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. IGNYTEDOES NOT WARRANT THAT USE OF THE PLATFORM WILL RESULT IN CLIENT’S COMPLIANCE WITH ANY APPLICABLE LAWS, AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ENSURING ITS COMPLIANCE WITH ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVELAWS.

Appears in 1 contract

Sources: Platform Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEIN THIS SECTION 9, AS APPLICABLECROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, ALL WHETHER EXPRESS, IMPLIED OR STATUTORY TERMSOR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONDITIONS, REPRESENTATIONS, CROWDSTRIKE AND WARRANTIES (INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, AND NON- INFRINGMENT WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWOFFERINGS AND CROWDSTRIKE TOOLS. THIS LIMITED THERE IS NO WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE HARDWARE FOR THE PURPOSES OF A BUSINESS, OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND NOT DESIGNED OR INTENDED FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, USE IN ANY RESPECTHAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, THIS LIMITED WARRANTYNUCLEAR FACILITIES, ANY OF ITS PROVISIONS OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY RIGHTS HEREUNDERAPPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEYou agree that it is Your responsibility to ensure safe use of an Offering and CrowdStrike Tool in such applications and installations.

Appears in 1 contract

Sources: Terms and Conditions

Disclaimer. USE OF THE APPLICATIONS IS NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR THE PROFESSIONAL JUDGEMENT 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 FOR SUBSCRIBER’S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. SUBSCRIBER ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES ABOVEPROVIDED BY MARK43 IN SECTIONS 8.1 AND 8.2, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MARK43 MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOTHERWISE, AND WARRANTIES (INCLUDING WITHOUT LIMITATION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED PURPOSE WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWAPPLICATION. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS MARK43 DOES NOT WARRANT THAT THE END USER IS PURCHASING SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR DAMAGED. THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDY STATED WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE APPLICABLE WARRANTY CLAUSE ABOVEPROVISION OF THE SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY ITS CLOUD PROVIDERS. MARK43 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD- PARTY DATA, THIRD-PARTY COMPONENT, INTEGRATED APPLICATION, OR ON BEHALF OF ANY INTEGRATED APPLICATION PROVIDER.

Appears in 1 contract

Sources: Software License and Services Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN SECTION 7.2 ABOVE, THE SERVICES, DOCUMENTATION, AND ANY OTHER MATERIALS OR INFORMATION FURNISHED OR PROVIDED TO THE USER UNDER THE AGREEMENT ARE PROVIDED “AS APPLICABLEIS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, ALL AND FELDERA AND ITS LICENSORS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONSREGARDING OR RELATING TO SAME. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REPRESENTATIONS, FELDERA AND WARRANTIES (INCLUDING WITHOUT LIMITATION ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO PURPOSE AND NON-INFRINGEMENT. FURTHER, FELDERA DOES NOT WARRANT ANY RESULTS OF THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON USER’S USE OF THE BASIS SERVICES, THAT THE END SERVICES WILL BE RELIABLE, ERROR FREE OR UNINTERRUPTED OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. FELDERA USES A THIRD-PARTY DATA CENTER TO HOST THE SERVICES. THE USER IS PURCHASING ACKNOWLEDGES THAT FELDERA DOES NOT CONTROL THE HARDWARE FOR TRANSFER OF DATA OVER SUCH THIRD-PARTY FACILITIES, INCLUDING THE PURPOSES OF A BUSINESSINTERNET, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY THAT THE SERVICES MAY BE SUBJECT TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYLIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT USE OF SUCH CONDITION THIRD-PARTY FACILITIES. FELDERA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER DAMAGE RESULTING THEREFROM.

Appears in 1 contract

Sources: Terms of Service

Disclaimer. EXCEPT FOR AS EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 5, TO THE EXPRESS WARRANTIES ABOVEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS APPLICABLEREVLOCK SERVICES, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSTHE DOCUMENTATION, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL SERVICES PERFORMED OR PROVIDED BY REVLOCK ARE PROVIDED “AS IS,” AND REVLOCK DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW, NON- INFRINGEMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS REVLOCK DOES NOT WARRANT THAT THE END USER IS PURCHASING SERVICE OR ANY OTHER SERVICES PROVIDED BY REVLOCK WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE HARDWARE FOR OPERATION OF THE PURPOSES SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, CLIENT UNDERSTANDS AND AGREES THAT ACCOUNTING PRACTICE INVOLVES, BY NECESSITY, NUMEROUS JUDGMENT DETERMINATIONS AND INTERPRETATIONS OF A BUSINESSRULES AND STANDARDS, ALL OF WHICH ARE REQUIRED TO BE MADE BY CLIENT'S MANAGEMENT AND NOT FOR HOUSEHOLD BY REVLOCK AND THEREFORE, THOUGH REVLOCK SHALL APPLY ITS BEST INTERPRETATIONS OF RULES AND STANDARDS IN PROVIDING THE SERVICES AND DELIVERABLES HEREUNDER, REVLOCK DOES NOT GUARANTEE OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE WARRANT THAT ANY REPRESENTATIONS ACCOUNTING DETERMINATIONS OR COMMITMENTS ON BEHALF RESULTS OBTAINED BY CLIENT'S USE OF VOCERA THE APPLICATION, SERVICES OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS DELIVERABLES SHALL SATISFY CLIENT'S AUDIT REQUIREMENTS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEREVIEW AUTHORITIES.

Appears in 1 contract

Sources: Terms of Service

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES ABOVEIN SECTION 8.2 (APPSPACE WARRANTY), All PRODUCTS ARE PROVIDED “AS-IS,” AND “AS APPLICABLE, AVAILABLE,” AND APPSPACE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS REPRESENTATIONS OF MERCHANTABILITYANY KIND, QUALITY OR INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE EXTENT ALLOWED SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON APPSPACE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE BASIS THAT INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES REASONABLE CONTROL OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USEAPPSPACE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, END USERAPPSPACE DOES NOT REPRESENT THAT: (A) THE PRODUCTS WILL BE ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS WILL MEET CUSTOMER’S REMEDY IN RESPECT REQUIREMENTS OR EXPECTATIONS; (D) THE PRODUCTS ARE FREE OF SUCH CONDITION VIRUSES OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, OTHER HARMFUL COMPONENTS UPON DELIVERY TO THE SOLE AND EXCLUSIVE REMEDY STATED CUSTOMER; (E) ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; OR THAT (F) ALL ERRORS IN THE APPLICABLE WARRANTY CLAUSE ABOVEPRODUCTS WILL BE CORRECTED.

Appears in 1 contract

Sources: End User License Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, RRL PLATFORM INCLUDING SERVICES RENDERED BY RRL ARE PROVIDED ON AN “AS-IS” AND “WITH ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSFAULTS AND RISKS” BASIS, AND WITHOUT WARRANTIES (OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER LAWS, RRL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NON-INFRINGEMENT OR THAT USE OF THE PLAFORM AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN THE EVENT OF ANY INTERRUPTION OF THE RRL PLATFORM AND/OR SERVICES, RRL’S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. NOTWITHSTANDING ANYTHING TO THE EXTENT ALLOWED CONTRARY CONTAINED UNDER THIS AGREEMENT, COMPANY APPLICATION OR MATERIALS, INCLUDING SERVICES RENDERED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS THE COMPANY ARE PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE BASIS MAXIMUM EXTENT PERMITTED UNDER LAWS, COMPANY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE APPLICATION, MATERIALS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN THE EVENT OF ANY INTERRUPTION OF THE APPLICATION, MATERIALS AND/OR SERVICES, COMPANY’S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. THE COMPANY AGREES AND UNDERTAKE THAT SAME OR SIMILAR DISCLAIMER IS INSERTED BY THE COMPANY AS A PART OF TERMS AND CONDITIONS WHEREVER THE END USER IS PURCHASING CUSTOMER ACTIVATES BEFORE FIRST USE OF THE HARDWARE FOR APPLICATION ACCEPTS THE PURPOSES OF A BUSINESS, TERMS AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY CONDITIONS AS MORE PARTICULARLY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHIS CLAUSE.

Appears in 1 contract

Sources: Preload Agreement (Yatra Online, Inc.)

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE EXPRESS WARRANTIES ABOVEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS APPLICABLESYNESIS ONE, ALL ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONS, REPRESENTATIONS, AND INCLUDING WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) USE AND NON-INFRINGEMENT. SYNESIS ONE, ITS AFFILIATES, AND ITS SUPPLIERS ARE HEREBY EXCLUDED NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF SYNESIS ONE GAMES. THE EXTENT ALLOWED BY APPLICABLE LAWUSER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS NEITHER SYNESIS ONE, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OPERATION OF A BUSINESSSYNESIS ONE GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SYNESIS ONE, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR HOUSEHOLD ANY LOSSES OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYTHIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED TURN RESULT IN THE APPLICABLE WARRANTY CLAUSE ABOVEINABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

Appears in 1 contract

Sources: User Agreement and Terms of Service

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED IN SECTIONS 11.1 AND 11.2, THE PROFESSIONAL SERVICES, THE DELIVERABLES, THE SUBSCRIPTION SERVICES AND THE SUPPORTED SOFTWARE ARE PROVIDED TO CUSTOMER “AS-IS” AND “AS AVAILABLE” AND CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL USE OF THE DELIVERABLES AND THE SUPPORTED SOFTWARE IS AT CUSTOMERS SOLE RISK. DOCKER, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, WHETHER EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEIN CONNECTION WITH THE PROFESSIONAL SERVICES, ALL EXPRESSDELIVERABLES, IMPLIED SUBSCRIPTION SERVICES OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSSUPPORTED SOFTWARE PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, AND WARRANTIES (INCLUDING WITHOUT LIMITATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCKER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY REPRESENTATION, WARRANTY, OR COVENANT BASED ON COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCKER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) ARE HEREBY CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR (B) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR SUBSCRIPTON SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT DOCKER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED TO THE EXTENT ALLOWED OR LIMITED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE END USER SUPPORTED SOFTWARE IS PURCHASING THE HARDWARE NOT DESIGNED, INTENDED OR WARRANTED FOR THE PURPOSES USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF A BUSINESSNUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND NOT FOR HOUSEHOLD LIFE SUPPORT OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEWEAPONS SYSTEMS.

Appears in 1 contract

Sources: Master Subscription and Services Agreement

Disclaimer. EXCEPT FOR EACH PARTY AGREES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED UPON ANY ADVICE, INFORMATION, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE EXPRESS OTHER PARTY OR ELSEWHERE AND THAT NO WARRANTY OR WARRANTIES ABOVEEXIST BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT NON-HUDL HARDWARE IS SUBJECT TO SEPARATE WARRANTIES PROVIDED BY ITS MANUFACTURER(S) AND THAT THE WARRANTIES IN SECTION 8 DO NOT APPLY, AS APPLICABLEAND HUDL STRICTLY DISCLAIMS, ALL EXPRESSWARRANTIES WITH RESPECT TO NON-HUDL HARDWARE. EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT: (A) CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR ITS RESULTS AND INFORMATION OBTAINED FROM ITS USE OF THE PRODUCTS OR CONTENT AND FOR CONCLUSIONS DRAWN FROM SUCH USE; (B) HUDL AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR (I) ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR CONTENT, IMPLIED (II) ANY INSTRUCTIONS, SCRIPTS, OR STATUTORY TERMSCUSTOMER MATERIALS PROVIDED TO HUDL OR ITS AFFILIATES BY CUSTOMER IN CONNECTION WITH THE PRODUCTS, CONDITIONS(III) OR ANY ACTIONS TAKEN BY HUDL OR ITS AFFILIATES AT CUSTOMER’S DIRECTION; (C) NOWARRANTY OF ANY KIND THAT THE DELIVERABLES, PRODUCTS OR CONTENT WILL MEET CUSTOMER’S REQUIREMENTS IS MADE OR GIVEN; (D) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND WARRANTIES (ALLOTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, AND NON-INFRINGEMENT, ARE, TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. , EXCLUDED FROM THIS LIMITED WARRANTY IS AGREEMENT; AND (E) EXCEPT AS EXPRESSLY PROVIDED ON IN SECTION 8, THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSPRODUCTS, DELIVERABLES, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY CONTENT ARE PROVIDED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS CUSTOMER ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.AN “AS IS” BASIS.‌‌

Appears in 1 contract

Sources: Hudl Master Subscription Agreement

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES LIMITED WARRANTY IN SECTION 12.1 ABOVE, THE PRODUCTS, SERVICES AND DOCUMENTATION ARE PROVIDED "AS APPLICABLEIS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY OTHER WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARQIT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY TERMSOTHERWISE, CONDITIONSWITH RESPECT TO THE PRODUCTS, REPRESENTATIONSSERVICES AND/OR DOCUMENTATION, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED FOREGOING, ARQIT PROVIDES NO WARRANTY IS PROVIDED ON THE BASIS OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE END USER IS PURCHASING PRODUCTS, DOCUMENTATION OR SERVICES WILL MEET THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD RESELLER’S OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WARRANTY IS LIMITEDWORK WITH ANY OTHER SOFTWARE, AT VOCERA’S OPTIONAPPLICATIONS, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Sources: Reseller Agreement

Disclaimer. EXCEPT 4.12.1 IN ACCORDANCE WITH PARAGRAPH 3.1.2(B), WHERE APPLICABLE, CONTRACTOR WILL ONLY BE ABLE TO PROVIDE THE SERVICE TO THE CITY FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, BENEFIT OF AIRPORT AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AIRLINE USERS IF SUCH AIRPORT USERS AGREE TO AND COMPLY WITH CONTRACTOR’S THEN-CURRENT TERMS AND CONDITIONS OF MERCHANTABILITYFOR THE CERTIFICATION SERVICE. CITY ACKNOWLEDGES AND AGREES THAT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE NOT PERMITTED AT LAW. THIS LIMITED WARRANTY IS PROVIDED , CONTRACTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE IMPACT ON THE BASIS THAT PERFORMANCE OF THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW SERVICES IN RELATION TO ANY PARTICULAR AIRPORT USER WHERE A) SUCH AIRPORT USER REFUSES (IN WHOLE OR IN PART) TO ACCEPT SITA’S TERMS AND CONDITIONS FOR THE SALE CERTIFICATION SERVICE; AND/OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED B) AIRPORT USER’S CERTIFICATION SERVICE WITH SITA EXPIRES OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED TERMINATES. 4.12.2 EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT NOT PERMITTED BY AT LAW, END SITA SHALL NOT BE LIABLE FOR: (A) ANY LOSS TO CITY THAT IS ATTRIBUTABLE IN ANY WAY TO STORAGE OF, LOSS OF, OR DAMAGE TO RESTRICTED DATA; AND/OR (B) ANY SERVICES FAILURES, DELAYS OR LOSS TO CITY CAUSED BY CITY’S FAILURE TO PERFORM OR COMPLY WITH (AS APPLICABLE) THE SERVICE DEPENDENCIES SET OUT IN PARAGRAPH 3, SERVICE DEPENDENCIES OF THIS SCHEDULE; AND/OR CITY OBLIGATIONS WITHIN THE SERVICE CONDITIONS SET OUT IN PARAGRAPH 4, SERVICE CONDITIONS OF THIS SCHEDULE. 4.12.3 CONTRACTOR WILL ONLY BE ABLE TO PROVIDE THE SERVICE TO THE CITY IF AIRPORT USERS PERMIT CITY TO USE AIRLINE USER PERSONAL DATA, AND CITY SHALL BE RESPONSIBLE FOR CONCLUDING SUCH WRITTEN INSTRUCTIONS DIRECTLY WITH EACH RELEVANT AIRPORT USER. CITY ACKNOWLEDGES AND AGREES THAT, EXCEPT TO THE EXTENT NOT PERMITTED AT LAW, CONTRACTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE IMPACT ON THE PERFORMANCE OF THE SERVICES WHERE i) AN AIRPORT USER REFUSES (IN WHOLE OR IN PART) TO PROVIDE AIRLINE USER PERSONAL DATA TO CITY; AND ii) AN AIRPORT USER’S REMEDY IN RESPECT OF SUCH CONDITION CONTRACT WITH SITA EXPIRES OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETERMINATES.

Appears in 1 contract

Sources: Master Contract for Products and Services

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY SECTION, THE EXPRESS WARRANTIES ABOVESERVICES, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSINCLUDING THE WEBSITE AND ANY REPORTS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES (INCLUDING WITHOUT LIMITATION OF ANY KIND, AND YAYPAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. LICENSEE ACKNOWLEDGES THAT YAYPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON RESULTS THAT MAY BE OBTAINED FROM USE OF THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY LICENSEE FROM YAYPAY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY EXPRESSLY STATED IN THIS AGREEMENT. LICENSEE HEREBY ACKNOWLEDGES THAT INVOICING, REMINDER AND COLLECTION ACTIVITIES MAY NOT ACHIEVE THE APPLICABLE WARRANTY CLAUSE ABOVERESULT DESCRIBED, INTENDED, OR EXPECTED, INCLUDING WITHOUT LIMITATION ANY INCREASE IN AMOUNTS RECEIVED BY LICENSEE.

Appears in 1 contract

Sources: Terms of Service

Disclaimer. EXCEPT FOR THE EXPRESS FOREGOING WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TENFOLD SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES ABOVEAND CONDITIONS WITH RESPECT THERETO, AS APPLICABLE, ALL EITHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY TERMSSTATUTORY, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL THE IMPLIED WARRANTIES AND AND/ OR CONDITIONS OF MERCHANTABILITY, QUALITY OR OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO , OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS TENFOLD SERVICES, THAT THE END USER IS PURCHASING FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE HARDWARE FOR TENFOLD SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PURPOSES OPERATION OF THE TENFOLD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TENFOLD SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A BUSINESSCONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAPPLY.

Appears in 1 contract

Sources: Master Subscription Agreement

Disclaimer. EXCEPT FOR THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND ALIENVAULT AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. ALIENVAULT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. ALIENVAULT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLETO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL EXPRESSTITLE, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A ANY PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, ALIENVAULT DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR WILL DETECT ONLY SECURITY THREATS OR MALICIOUS CODE OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH ANY SOFTWARE OR SERVICE IS ACCURATE, COMPLETE OR FREE OF VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR OTHER HARMFUL CONTENTS OR COMPONENTS. LICENSEE ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON APPROPRIATENESS OF USE THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, SOFTWARE AND NOT FOR HOUSEHOLD OR CONSUMER ASSUMES ALL RISKS ASSOCIATED WITH ITS USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Appears in 1 contract

Sources: End User License Agreement

Disclaimer. (a) EXCEPT FOR THE WARRANTIES EXPRESSLY MADE IN SECTIONS 6.1-6.2, NEITHER PARTY MAKES ANY OTHER REPRESENTATION OR [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. WARRANTY, EITHER EXPRESS WARRANTIES ABOVEOR IMPLIED (WHETHER WRITTEN OR ORAL), AS APPLICABLEINCLUDING, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE [***] MLCS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3D Line DOES NOT WARRANT THAT THE DELIVERABLES, OR ANY COMPONENT OR ELEMENT THEREOF [***]. (b) ARE HEREBY EXCLUDED THE REPRESENTATIONS AND WARRANTIES OF EACH OF 3D Line AND VIEWRAY EXTEND ONLY TO THE OTHER PARTY. NEITHER PARTY WILL BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE LAWPROVIDED IN SECTIONS 7.2-7.3. (c) VIEWRAY ACKNOWLEDGES THAT 3D LINE MAY USE COMPONENTS FROM THIRD PARTY MANUFACTURERS IN [***] MLCS FOR WHICH 3D Line HAS NEITHER DESIGN AUTHORITY OVER NOR RIGHTS TO MANUFACTURE AND THAT 3D LINE ITSELF [***]. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSTo the extent permitted by [***], AND NOT FOR HOUSEHOLD OR CONSUMER USE3D Line agrees to use Commercially Reasonable Efforts to [***] to ViewRay any and all [***]. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYWith respect to those [***], IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE3D Line agrees to use Commercially Reasonable Efforts to [***] in the event that ViewRay [***].

Appears in 1 contract

Sources: Joint Development and Supply Agreement (Viewray Inc)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS EXPRESSLY PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENHEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, END USERCX INDEX AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER CX INDEX OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CX INDEX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN CX INDEX OR DOCUMENTATION. CX INDEX MAKES NO WARRANTY THAT CX INDEX WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REMEDY REQUIREMENTS. CX INDEX IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CX INDEX DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM CX INDEX’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN RESPECT LARGE PART ON THE PERFORMANCE OF INTERNET PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH CONDITION THIRD PARTIES CAN IMPAIR OR WARRANTY IS LIMITED, AT VOCERADISRUPT CLIENT’S OPTION, CONNECTIONS TO THE SOLE INTERNET THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH CX INDEX WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND EXCLUSIVE REMEDY STATED TO AVOID SUCH EVENTS, CX INDEX CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CX INDEX DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF FEEDBACK ANALYTICS LIMITED (DBA CX INDEX)'S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE CX INDEX , THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER , AND RELATED CONTENT THROUGH CX INDEX OR OTHERWISE ARISING OUT OF THE USE OF CX INDEX , OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF CX INDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO CX INDEX PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO CX INDEX . Client will defend CX Index and its affiliates from and against any and all third-party claims, actions, suits, proceedings arising from or related to Client’s or any authorised user’s violation of this EUA (a “Claims Against Feedback Analytics Limited (DBA CX INDEX)”), and will indemnify CX Index and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against CX Index or its affiliates in connection with or as a result of, and for amounts paid by CX Index or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against CX Index CX Index must provide Client with prompt written notice of any Claims Against CX Index and allow Client the right to assume the exclusive defence and control of the claim and cooperate with any reasonable requests assisting Client’s defence and settlement of such matter. CX Index will defend Client from and against any and all third-party claims, actions, suits, proceedings arising from or related to any claims that CX Index violate a United States patent or copyright of a third party (a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that CX Index approves of in connection with a Claim Against Client. Client must provide CX Index with prompt written notice of any Claims Against Client and allow CX Index the right to assume the exclusive defence and control of the claim and cooperate with any reasonable requests assisting CX Index’s defence and settlement of such matter. This EUA shall be governed by the laws of the Republic Of Ireland, excluding conflict of law provisions. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EUA shall continue in full force and effect. This EUA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action, unless both CX Index and Client specifically agrees to do so in writing following the initiation of the arbitration. If Client is an agency or other part of a government entity, different terms or modifications to this EUA may apply.

Appears in 1 contract

Sources: End User Agreement

Disclaimer. EXCEPT FOR AS SET FORTH IN SECTION 3.1(A) AND THIS SECTION 10, NEITHER GT SOFTWARE NOR ITS LICENSORS MAKES ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, CONDITION, OR AGREEMENT WITH RESPECT TO THE EXPRESS LICENSED PRODUCTS OR THE SERVICES. GT SOFTWARE AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES ABOVEOF QUALITY, AS APPLICABLENON- INFRINGEMENT, ALL EXPRESSTITLE, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW, WHETHER STATUTORY OR ARISING FROM USAGE, CONDUCT, OR COURSE OF TRADE. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS GT SOFTWARE DOES NOT REPRESENT THAT THE END USER OPERATION OF THE LICENSED PRODUCTS AND DOCUMENTATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED, THAT THE LICENSED PRODUCTS WILL OPERATE WITH LICENSEE’S OTHER SOFTWARE OR COMPUTING SYSTEMS, OR THAT THE USE OF THE LICENSED PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS. FURTHER, LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSED PRODUCT IS PURCHASING NOT FAULT TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE OR LICENSING AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS OR “LIFE AND DEATH” ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE HARDWARE FOR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS, IN WHICH THE PURPOSES FAILURE OF A BUSINESSTHE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, I.E. “CRITICAL CONTROL APPLICATIONS”. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR, AND NOT SHALL INDEMNIFY AND HOLD GT SOFTWARE HARMLESS FOR HOUSEHOLD ANY USE OR CONSUMER USE. VOCERAINCORPORATION OF THE LICENSED PRODUCT WITH, OR INTO, LICENSEE’S RESELLERS HAVE NO AUTHORITY TO MAKE PRODUCTS PERFORMING ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECRITICAL CONTROL APPLICATIONS.

Appears in 1 contract

Sources: License Agreement

Disclaimer. EXCEPT FOR AS OTHERWISE PROVIDED HEREIN THE EXPRESS INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY ROCHE "AS IS WHERE IS" AND ROCHE MAKES NO, AND DISCLAIMS ALL WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, AND REPRESENTATIONS, AND WARRANTIES EXPRESS OR IMPLIED, CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITYDESIGN, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY PRODUCT; (b) THE COMMERCIAL SUCCESS OF ANY LICENSED PRODUCT; (c) THE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE HEREBY EXCLUDED IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PARTIES SPECIFICALLY AGREE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES NEITHER PARTY SHALL BE SUBJECT TO AND THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF A BUSINESSBREACH OF WARRANTY, AND NOT FOR HOUSEHOLD (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR CONSUMER USE. VOCERA’S RESELLERS (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN THOUGH A PARTY MAY HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF BEEN ADVISED OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT POSSIBILITY OF SUCH CONDITION DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER PARTY HEREUNDER.

Appears in 1 contract

Sources: License Agreement (Igen International Inc /De)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEAS PROVIDED IN SECTION 2.4 AND SECTION 2.6, AS APPLICABLENEHANET MAKES NO REPRESENTATION, ALL WARRANTY, OR GUARANTY, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY TERMSAS TO THE, TIMELINESS, , SUITABILITY, OR ACCURACY OF THE SERVICE. NEHANET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY COMPANY THROUGH THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO COMPANY STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONSREPRESENTATIONS AND WARRANTIES, AND WARRANTIES (INCLUDING WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED DISCLAIMED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVELAW BY NEHANET.

Appears in 1 contract

Sources: Terms of Use

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS SECTION 6, AS APPLICABLENEITHER IONIC NOR OUR LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTY, ALL EXPRESS, IMPLIED OR STATUTORY TERMSSTATUTORY, CONDITIONSTO THE OTHER OR ANY THIRD PARTY REGARDING THE PLATFORM, REPRESENTATIONSINCLUDING THE HOSTED SERVICES OR SOFTWARE, OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IONIC AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL OUR LICENSORS AND SUBCONTRACTORS EXPRESSLY EXCLUDE ANY IMPLIED WARRANTIES AND CONDITIONS WARRANTY OF MERCHANTABILITYNON- INFRINGEMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND ANY OTHER WARRANTY THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE REGARDING THE PLATFORM OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (A) YOUR USE OF THE PLATFORM, INCLUDING THE HOSTING SERVICES AND SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR (B) THE SERVICES WILL MEET YOUR OR YOUR AUTHORIZED USER'S REQUIREMENTS OR EXPECTATIONS. THE PLATFORM, INCLUDING THE HOSTED SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS THAT ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED PROVIDED BY APPLICABLE LAWTHIRD PARTIES OTHER THAN US OR OUR SUBCONTRACTORS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THIS LIMITED WARRANTY AGREEMENT IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSERVICE AGREEMENT, AND THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE THEREFORE SHALL NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAPPLY.

Appears in 1 contract

Sources: Subscription & License Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVEAS EXPRESSLY SET FORTH IN THIS ARTICLE 11, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSNEITHER PARTY MAKES, AND EACH HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY MAKES, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THIS AGREEMENT (I) ARE HEREBY EXCLUDED THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF THE PRODUCTS PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL, THAT ANY PRODUCT WILL OBTAIN MARKETING AUTHORIZATION APPROVAL IN THE TERRITORY OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON PRODUCTS WILL BE ACHIEVED OR (II) REGARDING THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES EFFECTIVENESS, VALUE, SAFETY, NON-TOXICITY OR PATENTABILITY OF A BUSINESSANY LICENSED INTELLECTUAL PROPERTY, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS PRODUCTS OR ANY RIGHTS HEREUNDERRESULTS PROVIDED BY EITHER PARTY PURSUANT TO THIS AGREEMENT. IF NOTHING IN THIS SECTION 11.4 SHALL BE CONSTRUED TO LIMIT OR EXCLUDE ANY CONDITION REPRESENTATION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED EXPRESSLY MADE IN THE APPLICABLE WARRANTY CLAUSE ABOVESUPPLY AGREEMENT.

Appears in 1 contract

Sources: License Agreement (Conatus Pharmaceuticals Inc.)

Disclaimer. EXCEPT FOR THE AS EXPRESSLY STATED IN THIS AGREEMENT, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEWRITTEN OR ORAL, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS ANY WARRANTY OF MERCHANTABILITY, QUALITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT THE OTHER PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. EACH PARTY AND ITS AFFILIATES ARE SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, AND SECURITY AND ACTIVE/96105181.2 ACCURACY OF ANY ITEM DESIGNED USING THE PRODUCTS. NEITHER PARTY WARRANTS THAT THE OPERATION OR OTHER USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY CUSTOMER’S DATA, COMPUTERS, OR NETWORKS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY WILL HAVE ANY LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF THE OTHER PARTY OR ITS AFFILIATE HAD IMPLEMENTED A SECURITY SOLUTION, DEVICE OR FEATURE (INCLUDING “PATCHES,” FIXES AND UPDATES) ARE HEREBY EXCLUDED PROVIDED BY A PARTY FOR THE PRODUCTS PROVIDED OR MADE AVAILABLE TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OTHER PARTY OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEAFFILIATES.

Appears in 1 contract

Sources: Strategic Alliance Agreement (PTC Inc.)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE EXPRESS WARRANTIES ABOVESERVICES ARE PROVIDED “AS-IS”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, AS APPLICABLECONDITION, ALL REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND TO THE OTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED OR STATUTORY TERMSWARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND WARRANTIES (INCLUDING GUARANTIES, INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF LIMITATION, ANY WITH RESPECT TO TITLE, MERCHANTABILITY, QUALITY NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD (4) ▇▇▇▇▇▇’S LIABILITY UNDER ANY IMPLIED OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED STATUTORY WARRANTY, ANY OF ITS PROVISIONS CONDITION, REPRESENTATION, UNDERTAKING OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS GUARANTY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LEGALLY EXCLUDED IS LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR WARRANTY IS LIMITEDPAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, AT VOCERA’S OPTION, ▇▇▇▇▇▇ DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. CUSTOMER AGREES TO MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES.

Appears in 1 contract

Sources: Software as a Service Agreement

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES ABOVELIMITED WARRANTY PROVIDED IN SECTION 18, AS APPLICABLETO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESSTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, IMPLIED EITHER EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSBUT NOT LIMITED TO, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF (i) MERCHANTABILITY, QUALITY OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) ARE HEREBY EXCLUDED QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE 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 (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, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE EXTENT ALLOWED BY APPLICABLE LAWINTERNET. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSSUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AND NOT FOR HOUSEHOLD NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY RELATED TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEEVENTS.

Appears in 1 contract

Sources: Master Subscription Agreement

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS SECTION 5, AS APPLICABLETHE IRONNET HARDWARE, ALL EXPRESSTHE IRONNET OFFERINGS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSIRONNET SOFTWARE MAINTENANCE AND SUPPORT SERVICES, AND IRONNET PROFESSIONAL SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IRONNET SOFTWARE MAINTENANCE AND SUPPORT SERVICES, AND IRONNET PROFESSIONAL SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE EXTENT ALLOWED BY APPLICABLE LAWWARRANTIES OF IRONNET AS SET FORTH HEREIN. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS IRONNET DOES NOT WARRANT THAT THE END USER IS PURCHASING THE IRONNET HARDWARE FOR THE PURPOSES OF A BUSINESSAND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND NOT FOR HOUSEHOLD OR CONSUMER USEMAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. VOCERA’S RESELLERS HAVE NO AUTHORITY ACCORDINGLY, FROM TIME TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYTIME, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE CUSTOMER MAY EXPERIENCE DOWNTIME AND EXCLUSIVE REMEDY STATED ERRORS IN THE APPLICABLE WARRANTY CLAUSE ABOVEOPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR ERROR.

Appears in 1 contract

Sources: Standard License and Services Agreement

Disclaimer. EXCEPT FOR THE EXPRESS AS EXPRESSLY PROVIDED HEREIN, NEITHER EYEFINITY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY WARRANTIES ABOVEOF ANY KIND, AS APPLICABLE, ALL WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOTHERWISE, AND WARRANTIES (INCLUDING WITHOUT LIMITATION EACH OF EYEFINITY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED , AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WARRANTY THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES IN CONNECTION WITH THE PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER EYEFINITY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS PRODUCTS OR SERVICES, WEBSITES OR ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE PRODUCTS OR SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE PRODUCTS OR SERVICES IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF INTENDED AS A BUSINESSSUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR HOUSEHOLD A GIVEN DRUG OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO MAKE ANY REPRESENTATIONS INDICATE THAT THE DRUG OR COMMITMENTS ON BEHALF OF VOCERA DRUG COMBINATION OR TO MODIFYOTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY RESPECTGIVEN PATIENT. EYEFINITY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, THIS LIMITED WARRANTYHEALTH CARE PROVIDER OR PRESCRIBER. NEITHER EYEFINITY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE PRODUCTS OR SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS IN CONNECTION WITH THE PRODUCTS AND SERVICES AND CUSTOMER’S USE OF THE PRODUCTS AND SERVICES IN CONNECTION WITH CUSTOMER’S HARDWARE. EYEFINITY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF ITS PROVISIONS THE PRODUCTS OR SERVICES WITH ANY DEVICE OR ANY RIGHTS HEREUNDERINFORMATION TECHNOLOGY INFRASTRUCTURE OF CUSTOMER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED5. MUTUAL INDEMNIFICATION 5.1 Indemnification by Eyefinity. Eyefinity shall defend Customer against any claim, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDEDdemand, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THENsuit or proceeding made or brought against Customer by a third party alleging that the use of the Products or Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a “Claim Against Customer”), TO THE EXTENT PERMITTED BY LAWand shall indemnify Customer for any damages, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITEDattorney’s fees and costs finally awarded against Customer as a result of, AT VOCERA’S OPTIONand for amounts paid by Customer under a court approved settlement of, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEa Claim Against Customer; provided that Customer (a) promptly provides Eyefinity with written notice of the Claim Against Customer, (b) gives Eyefinity sole control of the defense and settlement of the Claim Against Customer (provided that Eyefinity may not settle or defend any Claim Against Customer unless it unconditionally releases Customer of all liability), and (c) provides to Eyefinity all reasonable assistance, at Eyefinity’s expense. Eyefinity’s foregoing obligations do not apply with respect to Products or Services or portions or components thereof: (i) not supplied by Eyefinity; (ii) made in whole or in part in accordance with Customer's specifications; (iii) which are modified by Customer, if the alleged infringement relates to such modification; (iv) combined with other technology (hardware or software), processes or materials where the alleged infringement relates to such combination; or (v) where Customer continues the allegedly infringing activity after being notified thereof. In the event of a Claim Against Customer, or if Eyefinity reasonably believes the Products or Services may infringe or misappropriate, Eyefinity may in its discretion and at no cost to Customer (i) modify the Services so that they no longer infringe or misappropriate, without breaching Eyefinity’s warranties under “Eyefinity Warranties” section above, (ii) obtain a license for Customer’s continued use of the Products or Services in accordance with this Agreement, (iii) replace the Product or Service with non-infringing products or services which are substantially similar in functionality and performance, or (iii) terminate Customer’s license of such Products or User subscriptions for such Services upon written notice, and refund Customer any prepaid fees covering the remainder of the term of such User subscriptions or Product license after the effective date of termination.

Appears in 1 contract

Sources: Supplemental License Terms

Disclaimer. EXCEPT FOR THE MATERIALS ON PRIORITY ONE’S SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. PRIORITY ONE MAKES NO WARRANTIES, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF REGARDING MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESSFURTHER, AND PRIORITY ONE DOES NOT FOR HOUSEHOLD WARRANT OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR COMMITMENTS RELIABILITY OF THE USE OF THE MATERIALS ON BEHALF ITS SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE SITES. THE INFORMATION AND CONTENT PROVIDED ON OUR SITES IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. PRIORITY ONE IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY USERS, INCLUDING POSTS MADE BY EMPLOYEES OR AGENTS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF VOCERA OUR SITES. CONTENT POSTED BY OTHERS IS NOT EDITED BY PRIORITY ONE AND DOES NOT NECESSARILY REPRESENT ITS VIEWS OR OPINIONS. IN NO EVENT SHALL PRIORITY ONE, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO MODIFYBUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON PRIORITY ONE’S SITES, IN OR FOR LOSS OR DAMAGE THAT RESULTS FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OR OTHER APPLICABLE GUIDELINES, OR FROM ANY RESPECTTECHNICAL, THIS LIMITED WARRANTYHUMAN OR SOFTWARE ERRORS OR FAILURES FOUND WITHIN OUR SITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRIORITY ONE, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIMS FROM ANY THIRD PARTIES ARISING FROM YOUR USE OF ITS PROVISIONS OUR SITES OR ANY RIGHTS HEREUNDERVIOLATIONS OF THESE TERMS OR APPLICABLE LAWS AND GUIDELINES. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDEDYour use of Priority One’s social media-based websites constitutes your consent to Priority One’s use of information obtained through your site visits. With respect to content collected through our Sites, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDEDPriority One follows the applicable privacy policies of the third-party hosts of our Sites. Please note that when visiting any Priority One site, RESTRICTED OR MODIFIED EXCEPT TO you are also subject to the terms and conditions of Priority One’s privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable. A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEcopy of our Privacy Policies can be found at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇ .

Appears in 1 contract

Sources: Social Media Public Use Policy and Agreement

Disclaimer. The warranties provided in this Article do not apply if the failure to meet the applicable warranty for the Licensed Software or SaaS is caused (i) by malfunction of non-Licensor hardware or software, (i i ) by modification of the Licensed Software and/or SaaS not made by Licensor, (i i i ) by operator error, or (iv) by use of the Licensed Software and/or SaaS that is not in accordance with any Licensor documentation. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AS APPLICABLEEXPRESSLY STATED HEREIN, ALL EXPRESSPRODUCTS ARE PROVIDED “AS-IS,” AND LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, IMPLIED EXPRESS OR STATUTORY TERMSIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSWITHOUT LIMITATION, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED . TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION LICENSOR MAKES NO REPRESENTATION OR WARRANTY IS LIMITEDTHAT: (A) THE USE OF ANY SAAS OR LICENSED SOFTWARE WILL BE SECURE, AT VOCERATIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SAAS OR LICENSED SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SAAS OR LICENSED SOFTWARE (OR ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SAAS OR LICENSED SOFTWARE) WILL MEET LICENSEE’S OPTION, TO REQUIREMENTS OR EXPECTATIONS; (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) SAAS OR LICENSED SOFTWARE (OR ANY SERVER(S) THAT MAKE THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Appears in 1 contract

Sources: Terms and Conditions

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE, HARDWARE AND THE SERVICES ARE PROVIDED TO CUSTOMER IN THEIR THEN-EXISTING CONDITION, AS IS, WHERE IS AND WITH ALL FAULTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES WITH RESPECT TO HARDWARE SHALL BE LIMITED TO ANY WARRANTIES PROVIDED BY THE ORIGINAL MANUFACTURER OF THE HARDWARE (TO THE EXTENT SUCH WARRANTIES ARE PROVIDED TO CUSTOMER SEPARATELY, OR BY THEIR TERMS SUCH WARRANTIES MAY BE PASSED THROUGH BY PROVIDER TO CUSTOMER). EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS WARRANTIES ABOVEOR IMPLIED, AS APPLICABLEINCLUDING NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE END USER IS PURCHASING THE SOFTWARE, HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE, OR MEET CUSTOMER’S EXPECTATIONS, THAT ANY CONDITION STORED DATA WILL BE ACCURATE OR WARRANTY IMPLIED BY LAW COMPLETE, OR THAT ANY ERRORS OR DEFECTS IN RELATION TO THE SALE SOFTWARE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY HARDWARE WILL BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVECORRECTED.

Appears in 1 contract

Sources: Subscription Services Agreement

Disclaimer. EXCEPT FOR SIGNATORY AND EACH PARTICIPANT MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, TEST RESULTS OR CONFIDENTIAL INFORMATION DISCLOSED AT THE EXPRESS WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, PLUGFEST. SIGNATORY AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL EACH PARTICIPANT SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWPURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THIS LIMITED WARRANTY SUCH INFORMATION, TEST RESULTS OR CONFIDENTIAL INFORMATION IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE AS IS, WITHOUT WARRANTY OF ANY KIND. EXCEPT WITH RESPECT TO SECTION 5, IN NO EVENT SHALL CTA OR ANY PARTICIPANT HAVE ANY LIABILITY TO ANY OTHER PARTICIPANT OR ANY OTHER THIRD PARTY FOR THE PURPOSES ANY LOST PROFITS OR COSTS OF A BUSINESSPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND WHETHER OR NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF SUCH PARTY HAS BEEN ADVISED OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT POSSIBILITY OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE SOLE AND EXCLUSIVE REMEDY STATED IN FAILURE OF THE APPLICABLE WARRANTY CLAUSE ABOVEESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Appears in 1 contract

Sources: Participant Agreement

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES ABOVESET FORTH IN THIS AGREEMENT, TRACKWISE DIGITAL AND ALL DOCUMENTATION, SUPPORT SERVICES AND CONSULTING SERVICES ARE PROVIDED “AS APPLICABLEIS” AND “AS AVAILABLE”, ALL AND SPARTA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR STATUTORY TERMSBY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. SPARTA (FOR ITSELF AND ITS AFFILIATES, LICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) , SATISFACTORY QUALITY, NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, SECURITY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. THIS LIMITED WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPARTA DOES NOT WARRANT THAT TRACKWISE DIGITAL OR THE SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR WITHOUT INTERRUPTION, BE ERROR FREE, MEET SUBSCRIBER’S REQUIREMENTS, OR BE TIMELY OR SECURE, OR THAT DATA PROVIDED THROUGH TRACKWISE DIGITAL WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. SUBSCRIBER MAY NOT MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR SPARTA TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVETHIRD PARTY.

Appears in 1 contract

Sources: Trackwise Digital Service Agreement

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS, TO THE EXPRESS WARRANTIES ABOVEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS APPLICABLEEarnDeck, ALL ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY TERMSOTHERWISE, CONDITIONS, REPRESENTATIONS, AND INCLUDING WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) USE AND NON-INFRINGEMENT. EarnDeck, ITS AFFILIATES, AND ITS SUPPLIERS ARE HEREBY EXCLUDED NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF EarnDeck SERVICES. THE EXTENT ALLOWED BY APPLICABLE LAWUSER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS NEITHER EarnDeck, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OPERATION OF A BUSINESSEarnDeck SERVICES, EarnDeck BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. EarnDeck, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR HOUSEHOLD ANY LOSSES OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYTHIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED TURN RESULT IN THE APPLICABLE WARRANTY CLAUSE ABOVEINABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

Appears in 1 contract

Sources: Terms and Conditions

Disclaimer. By its nature, the Licensed Software may contain errors, bugs, and other problems that could cause system failure. In addition, the Licensed Software may not have adequate documentation, and any documentation in existence may be inaccurate or incomplete. SWIMLANE DOES NOT REPRESENT, WARRANT OR GUARANTY THAT (A) THE LICENSED SOFTWARE WILL BE 100% SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SERVICE OR DATA; (B) THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA STORED USING THE LICENSED SOFTWARE WILL BE ACCURATE, RELIABLE, OR SECURE; (D) ERRORS OR DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED; (E) THE LICENSED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE LICENSED SOFTWARE WILL DETECT, ALERT LICENSEE TO, RESPOND TO, OR RESOLVE ANY GIVEN SECURITY THREAT OR BREACH. EXCEPT FOR AS SET FORTH HEREIN, SWIMLANE PROVIDES THE EXPRESS WARRANTIES ABOVELICENSED SOFTWARE TO LICENSEE ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, AS APPLICABLEAND SWIMLANE MAKES NO WARRANTY REGARDING THE LICENSED SOFTWARE, ANY RELATED DOCUMENTATION, OR THE USE OR OPERATION OF THE LICENSED SOFTWARE, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY TERMSOTHERWISE, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF A BUSINESS, AVAILABILITY, AND NON-INFRINGEMENT. LICENSEE MAKES NO WARRANTY REGARDING ANY FEEDBACK PROVIDED HEREUNDER AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE. Third-Party Services. Certain features and functionalities within the SaaS Software and Licensed Software may allow Licensee and its end users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”). SWIMLANE DOES NOT PROVIDE ANY ASPECT OF THE THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE FOR HOUSEHOLD ANY ERRORS, COMPATIBILITY ISSUES OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS BUGS IN THE SUBSCRIPTION SERVICES OR COMMITMENTS ON BEHALF OF VOCERA THIRD-PARTY SERVICES CAUSED IN WHOLE OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS PART BY THE THIRD-PARTY SERVICES OR ANY RIGHTS HEREUNDERUPDATE OR UPGRADE THERETO. FURTHER, SWIMLANE DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RES PONSIBILITY TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOSS, LIABILITY, OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO ANY THIRD-PARTY SERVICES, EVEN IF SUCH THIRD-PARTY SERVICES ARE PURCHASED USING A SWIMLANE ORDER FORM. Licensee is solely responsible for entering into agreements to access and use the Third-Party Services, maintain the Third-Party Services and otherwise obtaining any associated licenses and consents necessary for Licensee to use the Third-Party Services. The Third-Party Services’ terms and conditions will govern the relationship between Licensee and the vendor of such the Third-Party Service, and as between Swimlane and Licensee, Licensee is solely responsible for complying therewith. LICENSEE ACKNOWLEDGES SOLE RESPONSIBILITY FOR AND ASSUMES ALL RISK ARISING FROM ITS USE OF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO THIRD-PARTY SERVICES EVEN IF SUCH THIRD-PARTY SERVICES ARE PURCHASED THROUGH A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT OF SUCH CONDITION OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVESWIMLANE ORDER FORM.

Appears in 1 contract

Sources: Software License Agreement

Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETTABLE EXCEPT FOR AS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, THE EXPRESS PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES ABOVE, AS APPLICABLE, ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONSOF ANY KIND, AND PALANTIR AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES (OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THE PRODUCTS AND ANY SERVICES PROVIDED HEREUNDER OR SUBJECT MATTER OF THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY TITLE, OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO . WITHOUT LIMITING THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS FOREGOING LIMITATION, PALANTIR DOES NOT WARRANT THAT THE END USER PRODUCTS OR SERVICES WILL MEET CUSTOMER REQUIREMENTS OR GUARANTEE ANY RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. PALANTIR IS PURCHASING NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY SERVICE (INCLUDING, WITHOUT LIMITATION, UPTIME GUARANTEES, OUTAGES, OR FAILURES). CUSTOMER ACKNOWLEDGES THAT PALANTIR DOES NOT CONTROL THE HARDWARE FOR TRANSFER OF DATA, INFORMATION, OR CONTENT OVER COMMUNICATIONS FACILITIES, INCLUDING THE PURPOSES OF A BUSINESSINTERNET OR THIRD-PARTY SERVICES, AND NOT FOR HOUSEHOLD OR CONSUMER USE. VOCERA’S RESELLERS HAVE NO AUTHORITY THAT THE PRODUCTS MAY BE SUBJECT TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFYLIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. IF ANY CONDITION OR WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY LAW, END USER’S REMEDY IN RESPECT USE OF SUCH CONDITION COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WARRANTY IS LIMITED, AT VOCERA’S OPTION, TO THE SOLE AND EXCLUSIVE REMEDY STATED IN THE APPLICABLE WARRANTY CLAUSE ABOVEOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 12. Customer Representations and Warranties.

Appears in 1 contract

Sources: License and Services Agreement