Common use of Disclaimers and Limitations on Liability Clause in Contracts

Disclaimers and Limitations on Liability. THE WARRANTIES IN SECTION ---------------------------------------- 8.1 ARE THE SOLE AND EXCLUSIVE WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT ARE MADE BY OPEN MARKET IN CONNECTION WITH THE SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION, OPEN MARKET SERVICES OR OTHERWISE UNDER THIS AGREEMENT, AND OPEN MARKET DISCLAIMS ALL STATUTORY AND OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. OPEN MARKET DOES NOT WARRANT THAT USE OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN OR OTHER STATEMENTS MADE BY OPEN MARKET, DISTRIBUTOR, ITS SUBDISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES IN THIS AGREEMENT. NEITHER OPEN MARKET NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HAVE ANY LIABILITY TO DISTRIBUTOR, SUBDISTRIBUTOR, ANY CUSTOMER OR OTHER THIRD PARTY UNDER OR RELATING TO THIS AGREEMENT, SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION OR SERVICES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES.

Disclaimers and Limitations on Liability. LICENSEE UNDERSTANDS AND AGREES THAT THE WARRANTIES IN SECTION ---------------------------------------- 8.1 PRODUCT, ITS COMPONENTS, ANY NEW RELEASES, OTHER UPGRADES OR CUSTOMIZATIONS THERETO, ANY DOCUMENTATION OR OTHER MATERIALS PROVIDED HEREUNDER AND ANY SUPPORT SERVICES, PROFESSIONAL SERVICES AND HOSTING SERVICES, ARE THE SOLE AND EXCLUSIVE PROVIDED “AS IS”. LICENSOR SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL WARRANTIES OF ANY KINDKIND TO LICENSEE, WHETHER EXPRESS OR IMPLIED, THAT ARE MADE BY OPEN MARKET IN CONNECTION WITH INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION, OPEN MARKET SERVICES OR OTHERWISE UNDER THIS AGREEMENT, AND OPEN MARKET DISCLAIMS ALL STATUTORY AND OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. OPEN MARKET DOES NOT WARRANT THAT USE WITHOUT LIMITING THE GENERALITY OF THE SOFTWAREPRECEDING SENTENCE, LOCALIZED LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE IBM WEBSPHERE® - EXPRESS RUNTIME COMPONENTS OF THE PRODUCTS OR ANY OTHER THIRD PARTY SOFTWARE INCORPORATED IN OR SERVICES WILL PROVIDED WITH THE PRODUCTS. LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS THAT THE PRODUCT OR ANY NEW RELEASE, OTHER UPGRADE OR CUSTOMIZATION THERETO MEETS LICENSEE’S REQUIREMENTS OR BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR ERROR-FREEFREE FROM ERRORS OR DEFECTS. NO ORAL LICENSEE ACKNOWLEDGES THAT EQUIPMENT USED BY LICENSEE MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE PRODUCT. LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATIONS OR WRITTEN INFORMATION GIVEN OR OTHER STATEMENTS WARRANTIES MADE BY OPEN MARKETLICENSOR AND THAT LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES TO LICENSEE. The parties hereto acknowledge that the limitations set forth in this 14 are integral to the amount of fees levied by Licensor hereunder, DISTRIBUTORand that, were Licensor to assume any further liability other than as expressly set forth herein, such fees would of necessity be set substantially higher. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSOR, ITS SUBDISTRIBUTORSDIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ LICENSOR PARTIES”) SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR EMPLOYEES SHALL CREATE CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR DOWNTIME COSTS) SUFFERED BY LICENSEE OR ANY OTHER PERSON, EVEN IF A WARRANTY OR IN ANY WAY INCREASE THE SCOPE LICENSOR PARTY HAS BEEN PREVIOUSLY ADVISED OF THE WARRANTIES IN THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. NEITHER OPEN MARKET NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY NOTWITHSTANDING ANY OTHER PROVISION OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HAVE THE AGGREGATE LIABILITY OF THE LICENSOR PARTIES FOR DAMAGES FOR ANY LIABILITY TO DISTRIBUTOR, SUBDISTRIBUTOR, ANY CUSTOMER OR OTHER THIRD PARTY UNDER OR CAUSE WHATSOEVER RELATING TO OR ARISING OUT OF THIS AGREEMENT, SOFTWARETHE PRODUCT ANY NEW RELEASES, LOCALIZED SOFTWAREOTHER UPGRADES OR CUSTOMIZATIONS THERETO AND ANY SUPPORT SERVICES, DOCUMENTATION PROFESSIONAL SERVICES OR SERVICES FROM ANY CAUSE WHATSOEVERHOSTING SERVICES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ACTION (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSACTIONS IN CONTRACT OR TORT), BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY SHALL BE LIMITED TO USE THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES$2,500.

Disclaimers and Limitations on Liability. THE WARRANTIES IN SECTION ---------------------------------------- 8.1 SITES AND FORUMS, AND THEIR RESPECTIVE CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE THE SOLE AND EXCLUSIVE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Qijialiye MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT ARE MADE BY OPEN MARKET IN CONNECTION WITH THE SOFTWAREINCLUDING, LOCALIZED SOFTWARE, DOCUMENTATION, OPEN MARKET SERVICES OR OTHERWISE UNDER THIS AGREEMENT, AND OPEN MARKET DISCLAIMS ALL STATUTORY AND OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION PROTECTION, QUIET ENJOYMENT AND ALL IMPLIED WARRANTIES INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OPEN MARKET Qijialiye DOES NOT WARRANT THAT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWAREFEATURES OF OR INFORMATION AVAILABLE ON THE SITES AND FORUMS IN TERMS OF THEIR TIMELINESS, LOCALIZED SOFTWARE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT DELAMOON OR ANY OF ITS PRODUCTS OR SERVICES. Qijialiye UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF SUCH INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THERFORE STRICTLY AT YOUR OWN RISK. EVERY EFFORT IS MADE TO KEEP THE SITES AND FORUMS UP AND RUNNING SMOOTHLY. HOWEVER, Qijialiye TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY OF THE SITES AND FORUMS BEING UNAVAILABLE. USER ALSO AGREES THAT Qijialiye WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY SELLER, AND USER HEREBY EXPRESSLY WAIVES ANY SUCH CLAIM AGAINST Qijialiye AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. Qijialiye DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLER OR SUPPLIERS. Qijialiye DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO SITES AND FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN OR OTHER STATEMENTS MADE BY OPEN MARKET, DISTRIBUTOR, ITS SUBDISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES IN THIS AGREEMENT. NEITHER OPEN MARKET NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED Qijialiye ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY USER’S ACCESS, OR INABILITY TO ACCESS, SITES AND FORUMS, INCLUDING, BUT NOT LIMITED TO, USER’S INABILITY TO RECEIVE DISCOUNTS OR APPLY COUPONS BY PURCHASING ITEMS WITH A PARTICIPATING SELLER. IN THIS AGREEMENTNO EVENT, HAVE SHALL Qijialiye BE LIABLE TO YOU FOR ANY LIABILITY TO DISTRIBUTORDAMAGES, SUBDISTRIBUTORCLAIMS OR LOSSES INCURRED INCLUDING COMPENSATORY, ANY CUSTOMER INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE EXEMPLARY AND/OR OTHER THIRD PARTY UNDER OR RELATING TO THIS AGREEMENT, SOFTWARE, LOCALIZED SOFTWARE, DOCUMENTATION OR SERVICES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT CONSEQUENTIAL DAMAGES (INCLUDING NEGLIGENCELOSS OF PROFIT, REVENUE OR USE), FOR HOWEVER CAUSED AND UNDER ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS THEORY OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE) LIABILITY ARISING OUT OF THIS AGREEMENT OR THE IN CONNECTION WITH (i) USER’S USE OF OR INABILITY TO USE ANY OF THE SOFTWARE, LOCALIZED SOFTWARE OR SERVICES.SITES AND