Common use of General Disclaimer Clause in Contracts

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 FOR THE WARRANTIES SET FORTH IN THIS SECTIONExcept as set forth in Articles 3 and 4 of this Agreement, “REPRESENTATIONS AND WARRANTIES,” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWneither Seller, XXXXX.XX MAKES NO WARRANTIESSeller’s Guarantor, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICESnor anyone acting on their behalf has made any further representation or warranty, LICENSED MATERIALSeither express or implied, OR ANY RELATED SERVICE OR SOFTWARE INCLUDINGconcerning the subject matter of the Agreement and the transactions contemplated hereby, WITHOUT LIMITATIONIncluding any further representation or warranty concerning the physical nature or condition of the Terminals, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEthe Vessels or the Real Property, SYSTEM INTEGRATIONthe existence or nonexistence of Materials of Environmental Concern in, NON-INFRINGEMENTon, NON-INTERFERENCEat, OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCEor under the Terminals, COURSE OF DEALINGthe Vessels or the Real Property, OR USAGE OF TRADE AND CUSTOMER’S USE OF THE LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISKor use of the Terminals, AND THE LICENSED MATERIALS ARE PROVIDED ON AN the Vessels or the Real Property, and Buyer have not relied on any such further representation or warranty. This Agreement and the instruments delivered at Closing pursuant hereto shall not be governed by the warranties provided by the Uniform Commercial Code as adopted in any jurisdiction. Except for representations and warranties expressly set forth in the Agreement, the Schedules hereto, and the documents delivered as the Closing, no other representations or warranties, either express or implied, have been made by or on behalf of Seller or Seller’s Guarantor or relied upon by Buyer. Other than express representations, warranties, covenants and agreements contained in this Agreement, or in any instrument of conveyance or other document executed and delivered at Closing pursuant to this Agreement, Buyer (a) understands and agrees that neither Seller nor anyone acting on its behalf make any express or implied representations or warranties with respect to the Business, the Acquired Assets or assumed obligations referred to herein, the seaworthiness, condition or workmanship of any Acquired Asset, or the absence of any defects therein, whether latent or patent, or the capacity, stability, utility, salability, operation, condition, merchantability or fitness for any purpose or a particular purpose thereof and (b) accepts such Acquired Assets, Including Vessels, on an “AS IS,” “, WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Except as expressly warranted ” basis, subject to the express representations and warranties of Seller continued in this Section Agreement. Buyer assumes the full risk of future prospects, continuation of relationships with customers and to suppliers, as well as the extent permitted by applicable lawbusiness and financial risk, Xxxxx.xx makes no warrantyincluding the need for substantial working capital, representation, or condition: (a) in connection with 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 operation 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 problemsBusiness after Closing.

General Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH Except as set forth in Articles III and IV of this Agreement, neither Seller nor anyone acting on its behalf has made any further representation or warranty, either express or implied, concerning the subject matter of the Agreement and the transactions contemplated hereby, Including any further representation or warranty concerning the physical nature or condition of the Acquired Assets, the existence or nonexistence of Materials of Environmental Concern in, on, at, or under the Acquired Assets, or use of the Acquired Assets, and Buyer have not relied on any such further representation or warranty. This Agreement and the instruments delivered at Closing pursuant hereto shall not be governed by the warranties provided by the Uniform Commercial Code as adopted in any jurisdiction. Except for representations and warranties expressly set forth in the Agreement, the Schedules hereto, and the documents delivered at the Closing, no other representations or warranties, either express or implied, have been made by or on behalf of Seller or relied upon by Buyer. OTHER THAN EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS CONTAINED IN THIS SECTIONAGREEMENT, “REPRESENTATIONS OR IN ANY INSTRUMENT OF CONVEYANCE OR OTHER DOCUMENT EXECUTED AND WARRANTIES,” DELIVERED AT CLOSING PURSUANT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT, XXXXX.XX MAKES NO WARRANTIES, BUYER (A) UNDERSTANDS AND AGREES THAT NEITHER SELLER NOR ANYONE ACTING ON ITS BEHALF MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICESBUSINESS, LICENSED MATERIALSTHE ACQUIRED ASSETS OR ASSUMED OBLIGATIONS REFERRED TO HEREIN, THE CONDITION OR WORKMANSHIP OF ANY ACQUIRED ASSET, OR THE ABSENCE OF ANY RELATED SERVICE DEFECTS THEREIN, WHETHER LATENT OR SOFTWARE INCLUDINGPATENT, WITHOUT LIMITATIONOR THE CAPACITY, ANY IMPLIED WARRANTY OF STABILITY, UTILITY, SALABILITY, OPERATION, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INFRINGEMENT, NON-INTERFERENCE, OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE PURPOSE THEREOF AND CUSTOMER’S USE OF THE LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISK, AND THE LICENSED MATERIALS ARE PROVIDED (B) ACCEPTS SUCH ACQUIRED ASSETS ON AN “"AS IS,” “, WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS" BASIS, SUBJECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTINUED IN THIS AGREEMENT. Except as expressly warranted in this Section and to the extent permitted by applicable lawBUYER ASSUMES THE FULL RISK OF FUTURE PROSPECTS, Xxxxx.xx makes no warrantyCONTINUATION OF RELATIONSHIPS WITH CUSTOMERS AND SUPPLIERS, representationAS WELL AS THE BUSINESS AND FINANCIAL RISK, or condition: (a) the Licensed Materials will meet Customer’s requirements; (b) the Software or other Licensed Materials will be uninterruptedINCLUDING THE NEED FOR SUBSTANTIAL WORKING CAPITAL, 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 problemsIN CONNECTION WITH THE OPERATION OF THE BUSINESS AFTER CLOSING.

General Disclaimer. EXCEPT FOR YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE WARRANTIES SET FORTH SITE, THE APP AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN THIS SECTION, “REPRESENTATIONS AND WARRANTIES,” RELATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXX.XX MAKES NO WARRANTIES, EXPRESS SITE OR IMPLIED WITH RESPECT TO THE SERVICES, LICENSED MATERIALS, OR ANY RELATED SERVICE OR SOFTWARE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY IMPLIED WARRANTY OF MERCHANTABILITY WAY IS DONE AT YOUR OWN RISK. THE SITE, THE APP, THOSE PRODUCTS AND SERVICES, THE SUCCESS 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 PERFORMANCE OF THE SITE, THE APP OR THOSE PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISKOR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE, THE APP OR THOSE PRODUCTS AND THE LICENSED MATERIALS SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BASIS, AND “WITH ALL FAULTS” BASIS. Except as expressly warranted in this Section and to the extent permitted by applicable lawSYMPLIACT DOES NOT MAKE, Xxxxx.xx makes no warrantyNOR HAS SYMPLIACT MADE, representationANY REPRESENTATIONS OR WARRANTIES OF any kind or nature (whether direct or indirect, 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 or express or implied) to you with respect to the Site, the App, those products and services, any such information, communications, content and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety. Sympliact expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability and safety) and warranties arising from Xxxxx.xx conduct, course of dealing, custom and usage in trade with respect to the Site, the App, those products and services, any such information, communications, content or its employees features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability and safety. Sympliact does not make, nor has Sympliact made, any affirmation of fact, promise or through warranty (express, implied or from otherwise) relating to the Licensed Materials will create Site, the App, the Services, any warranty such information, communications, content or features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety that extends beyond the face of this Agreement or that has become any basis 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 problemsbargain.

General Disclaimer. The warranties in Section 11 do not cover problems caused by (a) abuse, misuse, alteration, neglect, accident, unauthorized repair or installation, or acts or omissions of any party other than Saviynt; (b) Customer’s hardware, software, networks or systems; or (c) Customer not using the Subscription Service according to the Documentation. EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS AGREEMENT, THE SUBSCRIPTION SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." SAVIYNT, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, 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 PROFESSIONAL SERVICES, LICENSED MATERIALSSUBSCRIPTION SERVICE AND ITS USE, SUFFICIENCY, OR ANY RELATED SERVICE OR SOFTWARE INCLUDING, ACCURACY INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-OR NON- INFRINGEMENT, NON-INTERFERENCE, OR WARRANTIES IMPLIED ; AND WARRANTY ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR USAGE TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, SAVIYNT MAKES NO WARRANTY OF TRADE AND ANY KIND THAT THE PROFESSIONAL SERVICES, SUBSCRIPTION SERVICE OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITH CUSTOMER’S EQUIPMENT, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. SUBSCRIPTION SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE LICENSED MATERIALS INTERNET, TELEPHONIC AND ELECTRONIC COMMUNICATIONS AND SAVIYNT IS AT CUSTOMER’S SOLE RISKNOT RESPONSIBLE FOR DELAYS, AND THE LICENSED MATERIALS ARE PROVIDED ON AN “DELIVERY FAILURES, OR OTHER DAMAGE 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 problemsA RESULT.

General Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH Except as set forth in Section 2 of this Agreement, neither Sellers nor anyone acting on their behalf has made any further representation or warranty, either express or implied, concerning the subject matter of this Agreement and the transactions contemplated hereby, including any such further representation or warranty concerning the physical nature or condition of the Real Property, the existence or nonexistence of Materials of Environmental Concern on, at, or under the Real Property, or use of the Real Property, and Buyers have not relied on any such further representation or warranty. This Agreement shall not be governed by the warranties provided by the Uniform Commercial Code as adopted in any jurisdiction. Except for representations and warranties expressly set forth in this Agreement, the Schedules hereto, and the documents delivered as the Closing, no other representations or warranties, either express or implied, have been made by or on behalf of Sellers or relied upon by Buyers. OTHER THAN REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS CONTAINED IN THIS SECTIONAGREEMENT, “REPRESENTATIONS ANY INSTRUMENT OF CONVEYANCE OR OTHER DOCUMENT EXECUTED AND WARRANTIES,” DELIVERED PURSUANT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT, XXXXX.XX MAKES NO WARRANTIES, BUYERS (a) UNDERSTAND AND AGREE THAT NEITHER SELLERS NOR ANYONE ACTING ON THEIR BEHALF MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICESBUSINESS, LICENSED MATERIALSASSETS OR ASSUMED OBLIGATIONS REFERRED TO HEREIN, THE SEAWORTHINESS, CONDITION OR WORKMANSHIP OF ANY ASSET, OR THE ABSENCE OF ANY RELATED SERVICE DEFECTS THEREIN, WHETHER LATENT OR SOFTWARE INCLUDINGPATENT, WITHOUT LIMITATIONOR THE CAPACITY, ANY IMPLIED WARRANTY OF STABILITY, UTILITY, SALABILITY, OPERATION, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INFRINGEMENT, NON-INTERFERENCE, OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE PURPOSE THEREOF AND CUSTOMER’S USE OF THE LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISK, (b) ACCEPT SUCH ASSETS AND THE LICENSED MATERIALS ARE PROVIDED VESSELS ON AN “"AS IS,” “, WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS" BASIS. Except as expressly warranted in this Section and to the extent permitted by applicable lawBUYERS ASSUME THE FULL RISK OF FUTURE PROSPECTS, Xxxxx.xx makes no warrantyCONTINUATION OF RELATIONSHIPS WITH CUSTOMERS AND SUPPLIERS, representationAS WELL AS THE BUSINESS AND FINANCIAL RISK, or condition: (a) the Licensed Materials will meet Customer’s requirements; (b) the Software or other Licensed Materials will be uninterruptedINCLUDING THE NEED FOR SUBSTANTIAL WORKING CAPITAL, 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 problemsIN CONNECTION WITH THE OPERATION OF THE BUSINESS AFTER THE CLOSING.

General Disclaimer. EXCEPT FOR YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE WARRANTIES SET FORTH SITE, THE APP AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN THIS SECTION, “REPRESENTATIONS AND WARRANTIES,” RELATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XXXXX.XX MAKES NO WARRANTIES, EXPRESS SITE OR IMPLIED WITH RESPECT TO THE SERVICES, LICENSED MATERIALS, OR ANY RELATED SERVICE OR SOFTWARE APP (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND ALL TEMPORARY LODGINGS AND RELATED TRAVEL AND HOSPITALITY SERVICES OFFERED, MARKETED, PROVIDED AND PERFORMED BY THE HOSTS) IN ANY IMPLIED WARRANTY OF MERCHANTABILITY WAY IS DONE AT YOUR OWN RISK. THE SITE, THE APP, ALL INFORMATION, COMMUNICATIONS, CONTENT, FEATURES, PRODUCTS AND SERVICES OFFERED, MARKETED, SOLD, LICENSED OR FITNESS FOR A PARTICULAR PURPOSEMADE AVAILABLE ON, SYSTEM INTEGRATIONTHROUGH OR IN RELATION TO THE SITE OR THE APP (INCLUDING, NON-INFRINGEMENTWITHOUT LIMITATION, NON-INTERFERENCETHE SERVICES, AND ALL TEMPORARY LODGINGS AND RELATED TRAVEL AND HOSPITALITY SERVICES OFFERED, MARKETED, PROVIDED AND PERFORMED BY THE HOSTS) AND THE SUCCESS, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, SAFETY OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE AND CUSTOMER’S USE PERFORMANCE OF THE LICENSED MATERIALS IS AT CUSTOMER’S SOLE RISKSITE, THE APP AND THE LICENSED MATERIALS ARE PROVIDED ON AN SUCH information, communications, content, features, products and services are provided to you on an “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BASIS, and “WITH ALL FAULTS” basis. Except as expressly warranted in this Section and BikerBuddy does not make, nor has BikerBuddy made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the extent permitted by applicable lawSite, Xxxxx.xx makes no warrantythe App, 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 such information, whether oral communications, content, features, products or writtenservices or their success, obtained by Customer functionality, quality, completeness, accuracy, reliability, marketability, safety or performance. BikerBuddy expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, safety, completeness, accuracy, reliability and performance) and warranties arising from Xxxxx.xx conduct, course of dealing, custom and usage in trade with respect to the Site, the App, any such information, communications, content, features, products and services and their success, functionality, quality, completeness, accuracy, reliability, marketability, safety or its employees performance. BikerBuddy does not make, nor has BikerBuddy made, any affirmation of fact, promise or through warranty (express, implied or from otherwise) relating to the Licensed Materials will create Site, the App, any warranty such information, communications, content, features, products or services or their success, functionality, quality, completeness, accuracy, reliability, marketability, safety or performance that extends beyond the face of this Agreement or that has become any basis 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 problemsbargain.

General Disclaimer. The warranties in Section 11 do not cover problems caused by (a) abuse, misuse, alteration, neglect, accident, unauthorized repair or installation, or acts or omissions of any party other than Saviynt; (b) Customer’s hardware, software, networks or systems; or (c) Customer not using the Subscription Service according to the Documentation. EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS AGREEMENT, THE SUBSCRIPTION SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." SAVIYNT, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, 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 PROFESSIONAL SERVICES, LICENSED MATERIALSSUBSCRIPTION SERVICE AND ITS USE, SUFFICIENCY, OR ANY RELATED SERVICE OR SOFTWARE INCLUDING, ACCURACY INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-OR NON- INFRINGEMENT, NON-INTERFERENCE, OR WARRANTIES IMPLIED ; AND WARRANTY ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR USAGE TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, XXXXXXX MAKES NO WARRANTY OF TRADE AND ANY KIND THAT THE PROFESSIONAL SERVICES, SUBSCRIPTION SERVICE OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITH CUSTOMER’S EQUIPMENT, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. SUBSCRIPTION SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE LICENSED MATERIALS INTERNET, TELEPHONIC AND ELECTRONIC COMMUNICATIONS AND SAVIYNT IS AT CUSTOMER’S SOLE RISKNOT RESPONSIBLE FOR DELAYS, AND THE LICENSED MATERIALS ARE PROVIDED ON AN “DELIVERY FAILURES, OR OTHER DAMAGE 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 problemsA RESULT.