Common use of Limitation of Liability; No Warranties Clause in Contracts

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.

Appears in 4 contracts

Samples: damassets.autodesk.net, damassets.autodesk.net, damassets.autodesk.net

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Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE HEREUNDER SHALL BE LIMITED THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OR USE OF THE POSSIBILITY CCCU SEND MONEY SERVICE, FAILURE OF SUCH DAMAGEELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CCCU SEND MONEY SERVICE IS AT YOUR SOLE RISK AND THAT THE CCCU SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE- IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF CCCU SEND MONEY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE CCCU SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDDISCLAIMERS. Additional Terms Accounts You understand that in order to complete Transfers, RESTRICTED OR MODIFIEDit is necessary for us and our service provider to access the websites and databases of your financial institutions where you hold accounts, as designated by you and on your behalf, to retrieve information and effect the Transfers you request. By using the Send Money Service, you represent and warrant to us that you have the right to authorize and permit us to access your accounts to effect such Transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us is true, current, correct, and complete. You hereby authorize and permit us and our service provider to use information submitted by you to accomplish these purposes and to configure the Send Money Service to be compatible with the accounts. For as long as you are using the Service, you give us and our service provider a limited power of attorney and appoint us and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and xxxxx, in any and all capacities, to access the accounts, effect Transfers, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to accounts, as fully to all intents and purposes as you might or could in person. Once we and/or our service provider has actual knowledge that you wish to cease using the Service as provided in this Agreement and have a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. You understand and agree that at all times your relationship with any other account provider is independent of us and your use of the Service. We will not be responsible for any acts or omissions by any financial institution or other provider of any other account, including without limitation any modification, interruption or discontinuance of any account by such provider. Disclosure of Account Information to Third Parties We may disclose information to third parties about your account or the funds you send or receive:  As necessary to complete transactions;  In connection with the investigation of any claim related to your account or the funds you send or receive;  To comply with government agency or court orders, or other legal requirements.  In accordance with your written permission;  As otherwise permitted by the terms of our privacy notice.

Appears in 2 contracts

Samples: Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE OLMB SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR SUPPORT COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO AGREE THAT YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED USE OF THE POSSIBILITY OF SUCH DAMAGEOLMB SERVICE IS AT YOUR SOLE RISK AND THAT THE OLMB SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE OLMB SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIEDDISCLAIMERS.

Appears in 2 contracts

Samples: Online and Mobile Banking Master Terms And, Online and Mobile Banking Master Terms And

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OR USE OF THE POSSIBILITY ONLINE BUSINESS SERVICE, FAILURE OF SUCH DAMAGEELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE BUSINESS SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE BUSINESS SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF ONLINE BUSINESS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BUSINESS SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDDISCLAIMERS. We offer a number of Services which require us to receive, RESTRICTED OR MODIFIEDprocess and report information involving your accounts and transactions. We will not be responsible for determining the accuracy, timeliness or completeness of any information which you or others provide to us. We will not have a duty to interpret the content of any data transmitted to us, except to the limited extent set forth in this Agreement. Unless otherwise agreed in writing, we will not be required (by means of any security procedure or otherwise) to detect errors in the transmission or content of any information we receive from you or third parties.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCESUBSCRIPTION. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR SUBSCRIPTION OR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEES FEE PAID BY YOU FOR THE SUBSCRIPTION OR SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS THIS LIMITATION WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions this Agreement limits Autodesk’s liability to you You in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License AgreementSoftware License. Any applicable third party manufacturer warranties are passed through to You. You must contact the hardware provider directly to get any covered warranty replacement parts directly from the hardware provider. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE SERVICES OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLERCORRECTED; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS THIS AGREEMENT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.

Appears in 1 contract

Samples: And Subscription Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND THE SYSTEM, EQUIPMENT, BROWSER, APPLICATION AND/OR THE INSTALLATION OR MAINTENANCE HEREUNDER SHALL BE LIMITED THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED OR USE OF ONLINE BANKING OR OUR DIGITAL PLATFORMS, AND/OR THE SUPPORT AND INSTALLATION OR MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED THEREOF, ACCESS TO OR USE OF THE POSSIBILITY ONLINE SERVICE, FAILURE OF SUCH DAMAGEELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF ONLINE SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THATNO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. Termination: We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to Online Banking, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access Online Banking for a period of six (6) months or greater, or for reasons involving your use of Online Banking which we may deem to be illegal. You may terminate the use of Online Banking or any service within Online Banking by contacting Campus Federal in writing by mail, email, or personal delivery. If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate. Arbitration: Any controversy or claim arising out of or relating to this Agreement, except as prohibited by law, shall be settled by binding arbitration. You further agree that any such arbitration shall take place in East Baton Rouge Parish, Louisiana. Judgement upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall determine that prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator’s fees, shall be borne by the non-prevailing party, unless otherwise required by law. No provision of this Agreement, nor the exercise of any right under such Agreement, shall waive the arbitration requirement or limit the right of the Credit Union to: (A1) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTEDobtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order from a court having jurisdiction before, during, or after the pendency of any arbitration; (B2) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLERexercise self-help remedies, such as set-off; (C3) AUTODESK OR exercise any other rights under this Agreement upon the breach of any term or condition herein; or, (4) to proceed with collection through all other legal methods, including, but not limited to, proceeding in court to obtain judgement. Any and all arbitration under this contract will take place on an individual basis; class arbitrations and class actions are not permitted. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR CLASS ACTION. Indemnity: You acknowledge and agree that you are personally responsible for your conduct while using Online Banking and agree to indemnify and hold us and our officers, directors, and employees harmless from and against any loss, damage, liability, cost or expense of any kind (Dincluding, but not limited to, reasonable attorneys' fees) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTSthat we may incur in connection with a third party claim or otherwise, in relation to your use of Online Banking or the use of Online Banking by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). NOTHING IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIEDYour obligations under this paragraph shall survive termination of this Agreement.

Appears in 1 contract

Samples: Online Banking Terms and Conditions

Limitation of Liability; No Warranties. 7.1 Limitation of Liability. IN NO EVENT WILL AUTODESK AUTO DESK BE LIABLE FOR DAMAGES LI ABLE FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSCOVERED SOFTWARE, RELEASESUPGRADES, ANCILLARY PRODUCTS OR PRODUCTS, ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCESUBSCRIPTION. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIALCONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, SPECIAL USE, REVENUE, OR INCIDENTAL DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR LOSS OF PROFITOTHER LIABILITY). IN ADDITION, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES ARISING OUT OF OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATING TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL THIS SUBSCRIPTION AGREEMENT WILL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES AMOUNT PAID OR PAYABLE BY YOU TO AUTODESK OR THE RESELLER FOR THE SUPPORT AND MAINTENANCE SUBSCRIPTION IN RESPECT OF CONNECTION WITH WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE SUBSCRIPTION FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIEDSoftware License.

Appears in 1 contract

Samples: images.autodesk.com

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCESUBSCRIPTION. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR SUBSCRIPTION OR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUBSCRIPTION OR SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS THIS LIMITATION WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions this Agreement limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License AgreementSoftware License. Any applicable third party manufacturer warranties are passed through to Customer. Customer must contact the hardware provider directly to get any covered warranty replacement parts directly from the hardware manufacturer. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLERCORRECTED; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS THIS AGREEMENT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.

Appears in 1 contract

Samples: And Subscription Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCEDESKTOP SUBSCRIPTION. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR DESKTOP SUBSCRIPTION OR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEES FEE PAID BY YOU FOR THE SUBSCRIPTION OR SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS THIS LIMITATION WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions this Agreement limits Autodesk’s liability to you You in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License AgreementSoftware License. Any applicable third party manufacturer warranties are passed through to You. You must contact the hardware provider directly to get any covered warranty replacement parts directly from the hardware provider. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE SERVICES OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLERCORRECTED; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS THIS AGREEMENT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.

Appears in 1 contract

Samples: damassets.autodesk.net

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Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR ANY INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OR USE OF THE POSSIBILITY SERVICE, FAILURE OF SUCH DAMAGEELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE EXPRESSLY STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDDISCLAIMERS. Records Our records kept in the regular course of business shall be presumed to accurately reflect the contents of your instructions to us and, RESTRICTED OR MODIFIEDin the absence of manifest error, will be binding and conclusive.

Appears in 1 contract

Samples: Service Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCEMAINTENANCE SUBSCRIPTION. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR MAINTENANCE SUBSCRIPTION OR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEES FEE PAID BY YOU FOR THE SUBSCRIPTION OR SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS THIS LIMITATION WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION/SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions this Agreement limits Autodesk’s liability to you You in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License AgreementSoftware License. Any applicable third party manufacturer warranties are passed through to You. You must contact the hardware provider directly to get any covered warranty replacement parts directly from the hardware provider. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE SERVICES OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLERCORRECTED; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS THIS AGREEMENT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.

Appears in 1 contract

Samples: damassets.autodesk.net

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND THE SYSTEM, EQUIPMENT, BROWSER APPLICATION AND/OR THE INSTALLATION OR MAINTENANCE HEREUNDER SHALL BE LIMITED THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OR USE OF THE POSSIBILITY ONLINE SERVICE, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF SUCH DAMAGETHE ONLINE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDDISCLAIMERS. Other Agreements In addition to this Agreement, RESTRICTED OR MODIFIEDyou agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account agreements, and with all applicable State and Federal laws and regulations. To the extent there is a conflict between the terms of this Agreement and your applicable account agreements with us, the terms and conditions of your account agreement will control except as may be otherwise stated herein.

Appears in 1 contract

Samples: Online Service Agreement

Limitation of Liability; No Warranties. IN 8.1. COMPANY AND ITS AFFILIATES MAKE NO EVENT WILL AUTODESK REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT OR THE RESULTS TO BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE ACHIEVED THROUGH THEIR USE. COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, AND NON-INFRINGEMENT. COMPANY AND AFFILIATES DO NOT WARRANT THE ACCURACY, QUALITY, CONSISTENCY, TIMELINESS, RELIABILITY, PERFORMANCE, COMPLETENESS, CONTINUING AVAILABILITY, TITLE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT NON-INFRINGEMENT OF ANY EXTENSION, RELEASE DATA OR ANCILLARY PRODUCTTHIRD PARTY PROVIDER SERVICES USED IN CONNECTION ENIA WITH AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS8.2. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES APPLICABLE LAWS AND RULES, THE COMPANY, ITS AFFILIATES, AND ITS CONTROLLING PERSONS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSSES EXCEPT THAT THE COMPANY SHALL BE RESPONSIBLE FOR ANY LOSSES TO THE EXTENT THAT SUCH LOSSES ARISE FROM THE COMPANY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. IN NO WARRANTIESEVENT SHALL THE COMPANY, REPRESENTATIONS ITS AFFILIATES, CONTROLLING PERSONS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO INVESTOR OR CONDITIONS ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND CONCERNING FOR LOST PROFITS OR REVENUES, TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOSS OF BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF ANY EXTENSIONSUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE TORT OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIEDOTHERWISE.

Appears in 1 contract

Samples: Investment Agreement

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY LOSS, DAMAGE OR INJURY OR FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONSANY DIRECT, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIALSPECIAL, SPECIAL INCIDENTAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR LOSS OF PROFITCONSEQUENTIAL DAMAGES, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTSINCLUDING LOST PROFITS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION RELATED TO YOUR SUPPORT AND THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE HEREUNDER SHALL BE LIMITED THEREOF, ACCESS TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OR USE OF THE POSSIBILITY CCCU SEND MONEY SERVICE, FAILURE OF SUCH DAMAGEELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CCCU SEND MONEY SERVICE IS AT YOUR SOLE RISK AND THAT THE CCCU SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE- IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND WE MAKE NO WARRANTY THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF CCCU SEND MONEY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY SITE OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, AGREEMENT. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIESLAW, REPRESENTATIONS OR WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION(EXPRESS, RELEASEIMPLIED, ANCILLARY PRODUCTSTATUTORY OR OTHERWISE, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE CCCU SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY AUTODESK OR A RESELLER; (C) AUTODESK OR A RESELLER WILL RESOLVE ANY SUPPORT REQUEST BY A USER; OR (D) THAT ANY RESOLUTION PROPOSED OF A SUPPORT REQUEST BY AUTODESK OR RESELLER IN RELATION NO LICENSE TO A SUPPORT REQUEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NOTHING YOU IS IMPLIED IN THESE TERMS AND CONDITIONS RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDEDDISCLAIMERS. Additional Terms Accounts You understand that in order to complete Transfers, RESTRICTED OR MODIFIEDit is necessary for us and our service provider to access the websites and databases of your financial institutions where you hold accounts, as designated by you and on your behalf, to retrieve information and effect the Transfers you request. By using the Send Money Service, you represent and warrant to us that you have the right to authorize and permit us to access your accounts to effect such Transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us is true, current, correct, and complete. You hereby authorize and permit us and our service provider to use information submitted by you to accomplish these purposes and to configure the Send Money Service to be compatible with the accounts. For as long as you are using the Service, you give us and our service provider a limited power of attorney and appoint us and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and xxxxx, in any and all capacities, to access the accounts, effect Transfers, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to accounts, as fully to all intents and purposes as you might or could in person. Once we and/or our service provider has actual knowledge that you wish to cease using the Service as provided in this Agreement and have a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. You understand and agree that at all times your relationship with any other account provider is independent of us and your use of the Service. We will not be responsible for any acts or omissions by any financial institution or other provider of any other account, including without limitation any modification, interruption or discontinuance of any account by such provider. Disclosure of Account Information to Third Parties We may disclose information to third parties about your account or the funds you send or receive: • As necessary to complete transactions; • In connection with the investigation of any claim related to your account or the funds you send or receive; • To comply with government agency or court orders, or other legal requirements. • In accordance with your written permission; • As otherwise permitted by the terms of our privacy notice.

Appears in 1 contract

Samples: Mobile Banking Terms and Conditions Agreement

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