Common use of Disclaimers of Warranty Clause in Contracts

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTHE LIMITED WARRANTIES SET FORTH IN SECTIONS 9 AND 10 ABOVE, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” PARTIES MAKE NO WARRANTIES HEREUNDER, AND WITH THE PARTIES EXPRESSLY DISCLAIM ALL FAULTS. EXCEPT AS PROVIDED FOR HEREINOTHER WARRANTIES, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND/. FRY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR ANY WARRANTY THAT PROVISION FROM FRY'S FACILITIES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH CLIENTS' CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH FRY WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, FRY CANNOT GUARANTEE THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN THEY WILL NOT BE LIABLE OCCUR. ACCORDINGLY, FRY DISCLAIMS ANY AND ALL LIABILITY TO THE EXTENT RESULTING FROM OR RELATED TO SUCH EVENTS. EACH REPRESENTATIVE OF CLIENT AND ANY OTHER PERSONS VISITING THE INTERNET DATA CENTERS DOES SO AT ITS OWN RISK AND FRY ASSUMES NO LIABILITY WHATSOEVER FOR ANY CONTENTHARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN FRY'S NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO SUCH PERSONS DURING SUCH A VISIT. **** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTas amended.

Appears in 3 contracts

Samples: Development and Hosting Agreement (1 800 Flowers Com Inc), Development and Hosting Agreement (1 800 Flowers Com Inc), Development and Hosting Agreement (1 800 Flowers Com Inc)

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTSThe Parties agree that the Services are based on compilation and analysis of the best sources available to CultureIQ at any given time and any opinions reflect CultureIQ judgment at the time and are subject to change. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVERCULTUREIQ DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES FOR ITS SERVICES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND/. CULTUREIQ DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL REALIZE ANY WARRANTY THAT PROVISION RESULTS BY VIRTUE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEUSE OF THE SERVICES. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT AS SUCH, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL CONTRARY, CULTUREIQ SHALL NOT BE LIABLE FOR ANY CONTENTDAMAGES INCURRED BY OR ARISING AS A RESULT OF RELIANCE BY CLIENT UPON CULTUREIQ’S SERVICES. FURTHERMORE, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY WITH RESPECT TO THE SERVICESPLATFORM, CONTENT CULTUREIQ DOES NOT WARRANT OR GUARANTEE CLIENT’S USE OF THE PLATFORM OR THAT IS SENT BUT THE PLATFORM WILL BE FREE FROM ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION, TECHNICAL INACCURACIES, VIRUSES OR OTHER HARMFUL CODE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CULTUREIQ SHALL NOT RECEIVED, BE LIABLE FOR ANY DAMAGES INCURRED BY OR ARISING AS A RESULT OF RELIANCE BY CLIENT UPON THE CULTUREIQ AND CONTENT SENT USING AND/OR INCLUDED IN INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTPLATFORM.

Appears in 2 contracts

Samples: Commerical Terms, Services Agreement

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT CHANNEL PARTNER “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT CHANNEL PARTNER ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT CHANNEL PARTNER AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.

Appears in 1 contract

Samples: Reseller Master Services Agreement (NAAC Holdco, Inc.)

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES APP, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED THEREIN ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR FAULTS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVERKIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT ENTERED INTO THESE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. E&M HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED THEREIN EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES RIGHTS. E&M DOES NOT WARRANT THAT THE INFORMATION APP, THE SERVICE OR ANY CONTENT PROVIDED BY THEREIN, INCLUDING ANY PARTNER CONTENT, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APP AND SERVICE WILL BE ACCURATE UNINTERRUPTED, SECURE, ERROR-FREE OR ERROR VIRUS-FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), THAT DEFECTS WILL BE CORRECTED. NO ORAL OR ANY ACCESS TO WRITTEN INFORMATION OR ALTERATION OF CONTENTADVICE GIVEN BY E&M OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Appears in 1 contract

Samples: Terms of Use

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Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND WITH “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY WARRANTIES OF ANY KIND WHATSOEVERKIND, EITHER WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, 75F MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY WARRANTY THAT PROVISION OF INFORMATION FOUND ON THE SERVICES WILL BE UNINTERRUPTED ACCURATE OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE ACCURATE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE PROVIDED FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTTHIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND WITH “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY WARRANTIES OF ANY KIND WHATSOEVERKIND, EITHER WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, 75F MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY WARRANTY THAT PROVISION OF INFORMATION FOUND ON THE SERVICES WILL BE UNINTERRUPTED ACCURATE OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE ACCURATE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE PROVIDED FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTTHIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINUNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT OR BY A WRITTEN AGREEMENT BETWEEN PING AND LICENSEE WHICH HAS BEEN PROPERLY SIGNED BY BOTH PING AND LICENSEE, THE SERVICES ARE SUBSCRIBED TO CLIENT “FOLLOWING DISCLAIMER OF WARRANTIES OF THE SOFTWARE APPLY. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT ITS SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WITHOUT WARRANTY OF ANY KIND WHATSOEVERAND PING EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIEDEXPRESS, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICESIMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR ANY WARRANTY THAT PROVISION THE OPERATION AND RESULTS OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. FURTHERMORE, PING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS OR ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION FROM THIRD PARTY SOURCES OR ADVICE GIVEN BY PING OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NEITHER TELESIGN NOR NOT PING OR ITS AUTHORIZED REPRESENTATIVES) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MOREOVER, PING DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY OF ITS THIRD PARTY SOURCES WARRANT WARRANTIES THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN EXERCISE OF LICENSE RIGHTS PURSUANT TO THIS AGREEMENT WILL NOT BE LIABLE FOR INFRINGE ANY CONTENTCURRENT OR FUTURE INTELLECTUAL PROPERTY RIGHTS OWNED BY PERSONS OTHER THAN PING. Ping makes no representation regarding the possibility of any such infringement by use of the Software, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTeither alone or when combined with products other than the Software. Licensee hereby agrees that Ping has no duty to investigate nor to warn Licensee of any such possibility of infringement by use of the Software when used alone or when combined with products other than the Software.

Appears in 1 contract

Samples: Software License Agreement

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