General Disclaimer. OTHER THAN THE WARRANTIES PROVIDED IN SECTION 3.1 ABOVE THE SERVICE AND LICENSED SOFTWARE ARE PROVIDED AS IS AND QUALISYSTEMS DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, QUIET POSSESSION, NON- INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE, ARE HEREBY DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT USE OF SERVICE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE QUALISYSTEMS TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, QUALISYSTEMS DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. QUALISYSTEMS IS NOT LIABLE FOR ANY CONTENT USED WITH THE SERVICES, INCLUDING CUSTOMER DATA AND SHALL BE LIABLE ONLY FOR DEPLOYMENT OF THE SERVICES SPECIFICALLY ACCORDING TO THE TERMS OF THIS AGREEMENT. QUALISYSTEMS IS NOT OBLIGATED TO MAINTAIN OR SUPPORT THE SERVICE OTHER THEN AS EXPLICITLY SET FORT IN THIS AGREEMENT, INCLUDING NO BACKWARDS COMPATIBILITY, OR TO PROVIDE THE SERVICE FOR ONGOING OR ADDITIONAL SERVICE TERMS. AT ANY TIME, THE SERVICE MAY NO LONGER BECOME AVAILABLE AND YOU MAY BE REQUIRED TO IMMEDIATELY STOP MAKING ANY FURTHER USE OF IT FOLLOWING SUCH WRITTEN NOTICE FROM QUALISYSTEMS AND YOU SHALL HAVE NO CLAIMS OR DEMANDS TOWARDS QUALISYSTEMS FOR SUCH POSSIBLE EARLY TERMINATION. YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT THE SERVICES ARE PROVIDED THROUGH AWS CLOUD SERVICES (OR MAY BE PROVIDED THROUGH DIFFERENT SERVICE HOSTING FACILITY) AND QUALISYSTEMS DOES NOT WARRANT ANYTHING THAT IS OUT OF ITS DIRECT CONTROL. THE SERVICES AND LICENSED SOFTWARE WILL BE PROVIDED TO YOU SUBJECT TO AWS' (OR OTHER SERVICE HOSTING FACILITY) THEN APPLICABLE TERMS OF USE WITH NO LIABILITY ON QUALISYSTEM'S BEHALF AND UNDER YOUR SOLE AND EXCLUSIVE LIABILITY AND FULL UNDERTAKING TO FULLY INDEMNIFY QUALISYSTEMS FOR ANY BREACH OR CLAIMS AGAINST YOU OR QUALISYSTEMS WITH REGARDS TO YOUR OR YOUR USERS USE.
General Disclaimer. NOA (ON ITS OWN BEHALF AND ON BEHALF OF NINTENDO CO., LTD. AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SUBCONTRACTORS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE BULK GOODS AND THE LICENSED PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SECURITY TECHNOLOGY. LICENSEE PURCHASES AND ACCEPTS ALL BULK GOODS AND LICENSED PRODUCTS ON AN “AS IS” AND “WHERE IS” BASIS. NOA (ON ITS OWN BEHALF AND ON BEHALF OF NINTENDO CO., LTD. AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SUBCONTRACTOR) EXPRESSLY DISCLAIMS ALL WARRANTIES UNDER THE APPLICABLE LAWS OF ANY COUNTRY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE.
General Disclaimer. Nothing contained in this Agreement shall be construed as:
General Disclaimer. THE GOVERNMENT AND CONTRACTOR MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE USER FACILITY FURNISHED HEREUNDER. IN ADDITION, THE GOVERNMENT, CONTRACTOR AND USER MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO THE RESEARCH OR ANY INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESEARCH OR RESULTING PRODUCT; THAT THE GOODS, SERVICES, MATERIALS, PRODUCTS, PROCESSES, INFORMATION, OR DATA TO BE FURNISHED HEREUNDER WILL ACCOMPLISH INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE INCLUDING THE INTENDED PURPOSE; OR THAT ANY OF THE ABOVE WILL NOT INTERFERE WITH PRIVATELY OWNED RIGHTS OF OTHERS. THE GOVERNMENT, CONTRACTOR AND/OR USER SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ATTRIBUTED TO USE OF SUCH FACILITIES, RESEARCH OR RESULTING PRODUCT, INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT MADE OR DELIVERED UNDER THIS AGREEMENT.
General Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, “REPRESENTATIONS AND WARRANTIES,” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXX.XX MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, LICENSED MATERIALS, OR ANY RELATED SERVICE OR SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INFRINGEMENT, NON-INTERFERENCE, OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE AND CUSTOMER’S USE OF THE LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISK, AND THE LICENSED MATERIALS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Except as expressly warranted in this Section and to the extent permitted by applicable law, Xxxxx.xx makes no warranty, representation, or condition: (a) the Licensed Materials will meet Customer’s requirements; (b) the Software or other Licensed Materials will be uninterrupted, timely, error-free, or secure; (c) any errors in the Licensed Materials will be corrected; (d) Customer’s use of the Software or other Licensed Materials will not result in the loss of, or damage to, Customer Materials, Customer Systems, or Customer’s network or its Affiliates’ or Personnel’s network; or (e) as to third-party hardware provided by Xxxxx.xx to Customer. Except for the express warranties set forth in this Section, no advice or information, whether oral or written, obtained by Customer from Xxxxx.xx or its employees or through or from the Licensed Materials will create any warranty of any kind. Customer acknowledges Xxxxx.xx’s obligations under this LSA are for the benefit of Customer only. Termination of Customer’s access or use will not waive or affect any other right or relief to which Xxxxx.xx may be entitled at law or in equity. Xxxxx.xx reserves the right to make changes, corrections, and improvements to the Software at any time and without notice. Xxxxx.xx will not be liable for any defects, flaws, programming errors, inefficiencies, or malfunctions in any third-party product, software or hardware. The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and Xxxxx.xx is not responsible for any delays, delivery failures, or other damages resulting from such problems.
General Disclaimer. EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.
General Disclaimer. OTHER THAN THOSE EXPRESS WARRANTIES AND GUARANTEES SET FORTH IN THIS AGREEMENT, H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES.
General Disclaimer. Manager shall not be responsible for uncovering within the Property and disclaims expertise with respect to: (1) violations of building, subdivision, zoning, fire or other codes; or (2) materials or substances that are toxic, hazardous or potentially harmful to the health. Manager disclaims any expertise with respect to protecting the Property and any person residing therein against crime. Manager shall have no responsibility to provide security to the Property and Owner agrees to consult a security professional if such matters are important to Owner. Manager shall have no responsibility for the debts and liabilities of Owner, including debts and liabilities incurred by Manager on behalf of Owner, pursuant to this Agreement.
General Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PRODUCER MAKES NO STATUTORY, WRITTEN, ORAL, EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND CONCERNING THE ETHANOL SOLD UNDER THIS AGREEMENT, OR ITS QUALITY SOURCE, OR CHARACTERISTICS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BUNGE MAKES NO STATUTORY, WRITTEN, ORAL, EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND CONCERNING THE SERVICES PROVIDED UNDER THIS AGREEMENT OR THE FAILURE TO PROVIDE SERVICES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
General Disclaimer. Except as otherwise expressly stated in this Agreement or in any agreement or instrument executed and delivered by Seller to Purchaser at the Closing, including but not limited to representations and warranties set forth in Section 2.5 and Section 8.3b of this Agreement and the limited warranty of title expressly set forth in the Deed (collectively the “Surviving Representations”), Seller hereby expressly disclaims any and all representations and warranties of any kind or character, express or implied, with respect to the Property, and Xxxxxxxxx agrees to accept the Property “as is, where is, with all faults.” Without limiting the generality of the preceding sentence or any other disclaimer set forth herein, Seller and Purchaser hereby agree that, except for the Surviving Representations, Seller has not made and is not making any representations or warranties, express or implied, written or oral, as to (a) the nature or condition, physical or otherwise, of the Property or any aspect thereof, including, without limitation, any warranties of habitability, suitability, merchantability or fitness for a particular use or purpose, or the absence of latent vices or defects in the Property; (b) the nature or quality of construction, structural design or engineering of the improvements or the state of repair or lack or repair of any of the improvements; (c) the quality of the labor or materials included in the improvements; (d) the soil conditions, drainage conditions, topographical features, access to public rights-of-way, availability of utilities or other conditions or circumstances which affect or may affect the Property or any use to which the Property may be put; (e) any conditions at or which affect or may affect the Property with respect to any particular purpose, use, development potential or otherwise; (f) the area, size, shape, configuration, location, capacity, quantity, quality, cash flow, expenses or value of the Property or any part thereof; (g) the nature or extent of title to the Property, or any easement, servitude, right-of-way, possession, lien, encumbrance, license, reservation, condition or otherwise that may affect title to the Property; (h) any environmental, geological, structural, or other condition or hazard or the absence thereof heretofore, now or hereafter affecting in any manner the Property, including but not limited to, the presence or absence of asbestos or any environmentally hazardous substance on, in, under or adjacent to the Pr...
