Common use of External Services Clause in Contracts

External Services. The Software may enable access to MVDNow and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither MVDNow nor its affiliates and the directors, officers, employees, and agents of any of the foregoing shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Neither MVDNow, nor its affiliates and the directors, officers, employees, and agents of any of the foregoing, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the External Services may contain proprietary content, information and material that is owned by MVDNow and/or its agents or others, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party. To the extent you choose to use or access such External Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither MVDNow nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. MVDNow and third parties reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will MVDNow be liable for the removal of or disabling of access to any such External Services. MVDNow may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

Appears in 1 contract

Samples: Mvdnow End User License Agreement

AutoNDA by SimpleDocs

External Services. The Software may enable access to MVDNow and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using the Software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions and Usage Rules, which you may access and review at xxxx://xxx.xxxxx.xxx/legal/itunes/ww/. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither MVDNow nor its affiliates and the directors, officers, employees, and agents of any of the foregoing shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Neither MVDNow, nor its affiliates and the directors, officers, employees, and agents of any of the foregoing, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the External Services may contain proprietary content, information and material that is owned by MVDNow and/or its agents or others, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third partyparty or Apple. To the extent you choose to use or access such External Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither MVDNow nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. MVDNow and third parties reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will MVDNow be liable for the removal of or disabling of access to any such External Services. MVDNow may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

Appears in 1 contract

Samples: Mvdnow End User License Agreement

External Services. The Software Licensed Application may enable access to MVDNow Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither MVDNow nor its affiliates and risk. Licensor is not responsible for examining or evaluating the directors, officers, employeescontent or accuracy of any third-party External Services, and agents of shall not be liable for any of the foregoing shall have any liability to you for content that may be found to be offensive, indecent, or objectionablesuch third-party External Services. Neither MVDNow, nor its affiliates and the directors, officers, employees, and agents of any of the foregoing, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data Data displayed by any Licensed Application or External Services. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the External Services may contain proprietary content, information and material that is owned by MVDNow and/or its agents or others, and is protected by applicable intellectual property and other lawsService, including but not limited to copyrightfinancial, medical and that you location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement Standard XXXX or that infringes any the intellectual property rights of a Licensor or any third party. To the extent you choose to use or access such External Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, threaten or defame any person or otherwise infringe or violate the rights of any other partyentity, and that neither MVDNow nor its agents Licensor is in any way not responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Servicesuse. In addition, External Services and Third Party Materials that may not be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services your Home Country, and Materials are may not be appropriate or available for use in any particular location. MVDNow and third parties To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or disable impose access to restrictions or limits on any External Services at any time without noticenotice or liability to you.e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event will MVDNow shall Licensor’s total liability to you for all damages (other than as may be liable for required by applicable law in cases involving personal injury) exceed the removal amount of or disabling of access to any such External Services. MVDNow may also impose limits on the use of or access to certain External Services, in any case two hundred and without notice or liabilityfifty dollars ($250.00).

Appears in 1 contract

Samples: Apple User Agreement

AutoNDA by SimpleDocs

External Services. The Software Licensed Application may enable access to MVDNow Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither MVDNow nor its affiliates and risk. Licensor is not responsible for examining or evaluating the directors, officers, employeescontent or accuracy of any third-party External Services, and agents of shall not be liable for any of the foregoing shall have any liability to you for content that may be found to be offensive, indecent, or objectionablesuch third-party External Services. Neither MVDNow, nor its affiliates and the directors, officers, employees, and agents of any of the foregoing, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data Data displayed by any Licensed Application or External Services. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the External Services may contain proprietary content, information and material that is owned by MVDNow and/or its agents or others, and is protected by applicable intellectual property and other lawsService, including but not limited to copyrightfinancial, medical and that you location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement Standard XXXX or that infringes any the intellectual property rights of a Licensor or any third party. To the extent you choose to use or access such External Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, threaten or defame any person or otherwise infringe or violate the rights of any other partyentity, and that neither MVDNow nor its agents Licensor is in any way not responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Servicesuse. In addition, External Services and Third Party Materials that may not be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services your Home Country, and Materials are may not be appropriate or available for use in any particular location. MVDNow and third parties To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or disable impose access to restrictions or limits on any External Services at any time without notice. In no event will MVDNow be liable for the removal of or disabling of access to any such External Services. MVDNow may also impose limits on the use of or access to certain External Services, in any case and without notice or liabilityliability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Apple User Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.