Common use of Hardware Clause in Contracts

Hardware. Appgate is not the manufacturer of any Hardware resold by Appgate to Customer hereunder. Notwithstanding anything in the Schedule Agreement to the contrary, Hardware is resold “as is” without indemnification, support or warranties of any kind, provided, that, Appgate will use commercially reasonable efforts to assign to Customer all assignable warranties and indemnities granted to Appgate by the party that Appgate purchased such Hardware from. In no event will Appgate be liable for any losses, costs, expenses or damages whatsoever, including, without limitation, direct, incidental, special, indirect, or consequential damages, loss of business, loss of profits, loss of data, or tortious conduct relating to, or arising from the Hardware.

Hardware. Appgate AppGate is not the manufacturer of any Hardware resold by Appgate AppGate to Customer hereunder. Notwithstanding anything in the Schedule Agreement to the contrary, Hardware is resold “as is” without indemnification, support or warranties of any kind, provided, that, Appgate AppGate will use commercially reasonable efforts to assign to Customer all assignable warranties and indemnities granted to Appgate AppGate by the party that Appgate AppGate purchased such Hardware from. In no event will Appgate AppGate be liable for any losses, costs, expenses or damages whatsoever, including, without limitation, direct, incidental, special, indirect, or consequential damages, loss of business, loss of profits, loss of data, or tortious conduct relating to, or arising from the Hardware.

Hardware. Appgate is not the manufacturer of any Hardware resold by Appgate to Customer MSP hereunder. Notwithstanding anything in the Schedule Agreement to the contrary, Hardware is resold “as is” without indemnification, support or warranties of any kind, provided, that, Appgate will use commercially reasonable efforts to assign to Customer MSP all assignable warranties and indemnities granted to Appgate by the party that Appgate purchased such Hardware from. In no event will Appgate be liable for any losses, costs, expenses or damages whatsoever, including, without limitation, direct, incidental, special, indirect, or consequential damages, loss of business, loss of profits, loss of data, or tortious conduct relating to, or arising from the Hardware.