Important Disclaimer of Warranties and Limitation of Liability. Except as expressly set forth in ISRG’s Certificate Policy and Certification Practice Statement, Let’s Encrypt Certificates and any services provided by or on behalf of ISRG are provided “as-is” and ISRG disclaims any and all warranties of any type, whether express or implied, including without limitation any implied warranty of title, non-infringement, merchantability, or fitness for a particular purpose, in connection with any such Certificates or services. Because Let’s Encrypt Certificates are issued free-of-charge as a public service, ISRG cannot accept any liability for any loss, harm, claims, or attorney’s fees in connection with such Certificates. Accordingly, you agree that ISRG will not be liable for any damages, attorney’s fees, or recovery, regardless of whether such damages are direct, consequential, indirect, incidental, special, exemplary, punitive, or compensatory, even if ISRG has been advised of the possibility of such damages. This limitation on liability applies irrespective of the theory of liability, i.e., whether the theory of liability is based upon contract, warranty, indemnification, contribution, tort, equity, statute or regulation, common law, or any other source of law, standard of care, category of claim, notion of fault or responsibility, or theory of recovery. The parties agree that this disclaimer is intended to be construed to the fullest extent allowed by applicable law. By way of further explanation regarding the scope of the disclaimer, and without waiving or limiting the foregoing in any way, ISRG does not make, and ISRG expressly disclaims, any warranty regarding its right to use any technology, invention, technical design, process, or business method used in either issuing Let’s Encrypt Certificates or providing any of ISRG’s services. You affirmatively and expressly waive the right to hold ISRG responsible in any way, or seek indemnification against ISRG, for any infringement of intellectual property rights, including patent, trademark, trade secret, or copyright.
Important Disclaimer of Warranties and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN ISRG’S CERTIFICATE POLICY AND CERTIFICATE PRACTICE STATEMENT, LET’S ENCRYPT CERTIFICATES AND SERVICES ARE PROVIDED “AS-IS” AND ISRG DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ANY ISRG SERVICE OR LET’S ENCRYPT CERTIFICATE. BECAUSE LET’S ENCRYPT CERTIFICATES ARE ISSUED FREE-OF-CHARGE AS A PUBLIC SERVICE, ISRG CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, HARM, CLAIM, OR ATTORNEY’S FEES IN CONNECTION WITH SUCH CERTIFICATES. ACCORDINGLY, YOU AGREE THAT ISRG WILL NOT BE LIABLE FOR ANY DAMAGES, ATTORNEY’S FEES, OR RECOVERY, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR COMPENSATORY, EVEN IF ISRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES IRRESPECTIVE OF THE THEORY OF LIABILITY, I.E., WHETHER THE THEORY OF LIABILITY IS BASED UPON CONTRACT, WARRANTY, INDEMNIFICATION, CONTRIBUTION, TORT, EQUITY, STATUTE OR REGULATION, COMMON LAW, OR ANY OTHER SOURCE OF LAW, STANDARD OF CARE, CATEGORY OF CLAIM, NOTION OF FAULT OR RESPONSIBILITY, OR THEORY OF RECOVERY. THE PARTIES AGREE THAT THIS DISCLAIMER IS INTENDED TO BE CONSTRUED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER, AND WITHOUT WAIVING OR LIMITING THE FOREGOING IN ANY WAY, ISRG DOES NOT MAKE, AND ISRG EXPRESSLY DISCLAIMS, ANY WARRANTY REGARDING ITS RIGHT TO USE ANY TECHNOLOGY, INVENTION, TECHNICAL DESIGN, PROCESS, OR BUSINESS METHOD USED IN EITHER ISSUING LET’S ENCRYPT CERTIFICATES OR PROVIDING ANY OF ISRG’S SERVICES. YOU AFFIRMATIVELY AND EXPRESSLY WAIVE THE RIGHT TO HOLD ISRG RESPONSIBLE IN ANY WAY, OR SEEK INDEMNIFICATION AGAINST ISRG, FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT.
