Limitation of Warranties and Liability. LIGHTWAVE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.
Limitation of Warranties and Liability. The Licensor warrants solely that for a period of thirty (30) days from the initial shipment by Licensor or download by Customer of the Work, the Work as delivered or downloaded shall materially function as described in the accompanying documentation. This warranty does not apply insofar as: (a) the Work is subjected to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modified. In the event of a breach of warranty, the Licensor’s sole responsibility and the Customer’s sole and exclusive remedy is, at the Licensor's discretion, to repair or replace all or any parts of the Work. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty period. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 6, THE LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR THE WORK, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORY WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN ART. 5. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORK, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TO...
Limitation of Warranties and Liability. If for any reason any item of AAPC materials, including CPC-H® Student Workbooks, is defective, the AAPC will issue a replacement of the item after AAPC’s receipt of the defective item and proof of purchase. The AAPC makes no warranty, express or implied, as to the AAPC materials, which disclaimer includes any implied warranty of merchantability or fitness for any particular purpose. The AAPC shall not be liable, and Licensee hereby waives any rights to the contrary, for damages, including without limitation lost profits or savings and other incidental or consequential damages arising from Licensee’s or Licensee’s students use, misuse, or inability to use AAPC materials, whether or not and even though the AAPC has been advised of the possibility of damages.
Limitation of Warranties and Liability. Except for the express warranty above, the SOFTWARE PRODUCT is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. Moreover, INDATA makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the user documentation or related technical support. The entire risk as to the results and performance of the SOFTWARE PRODUCT is assumed by you. Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies. Neither INDATA nor its dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever arising out of this agreement or out of the software licensed hereunder, including but not limited to loss of revenue or profit, personal injury, injury to reputation, lost or damaged data or other commercial or economic loss, even if INDATA has been advised of the possibility of such damages or they are foreseeable. Neither INDATA nor its dealers or suppliers shall have any liability to you for claims by a third party against you for any indirect, incidental, special or consequential damages whatsoever arising out of this agreement or out of the software licensed hereunder, including but not limited to loss of revenue or profit, personal injury, injury to reputation, lost or damaged data or other commercial or economic loss, even if INDATA has been advised of the possibility of such damages or they are foreseeable. INDATA's maximum aggregate liability to you, and that of INDATA's dealers and suppliers, shall not exceed the amount paid by you for the SOFTWARE PRODUCT. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
Limitation of Warranties and Liability. EXCEPT AS SPECIFICALLY PROVIDED IN SEA RAY’S PUBLISHED APPLICABLE LIMITED WARRANTY, SEA RAY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR, NOR SHALL THE MEASURE OF DAMAGES INCLUDE, ANY AMOUNTS FOR LOST PROFITS, LOST SALES, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON OR UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST.
Limitation of Warranties and Liability. EXCEPT AS SPECIFICALLY PROVIDED IN BOSTON WHALER’S PUBLISHED APPLICABLE LIMITED WARRANTY, BOSTON WHALER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR, NOR SHALL THE MEASURE OF DAMAGES INCLUDE, ANY AMOUNTS FOR LOST PROFITS, LOST SALES, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON OR UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY.
Limitation of Warranties and Liability. EXCEPT AS SET FORTH IN SECTION 9.1 ABOVE, THE SOFTWARE IS SOLD “AS IS” AND WITHOUT ANY WARRANTIES AS TO THE PERFORMANCE, MERCHANTIBILITY, DESIGN, OR OPERATION OF THE SOFTWARE. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. EXCEPT AS DESCRIBED IN SECTION 1, ALL WARRANTIES EXPRESS AND IMPLIED ARE HEREBY DISCLAIMED. NEITHER LICENSOR OR ITS SUPPLIERS, NOR LICENSEE, SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF DATA OR USE OF DATA, LOSS OF DATAFILES, PROGRAMS OR OPERATING SYSTEMS, INTERRUPTION OF BUSINESS NOR FOR ANY OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER OR ARISING OUT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, HOWEVER, CAUSED, WHETHER FOR BREACH OF WARRANTY, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Limitation of Warranties and Liability. EXCEPT AS SPECIFICALLY PROVIDED IN COMPANY’S PUBLISHED APPLICABLE LIMITED WARRANTY, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR, NOR SHALL THE MEASURE OF DAMAGES INCLUDE, ANY AMOUNTS FOR LOST PROFITS, LOST SALES, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON OR UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY.
Limitation of Warranties and Liability. ALEGION MAKES NO REPRESENTATIONS OR WARRANTIES UNDER THIS ADDENDUM, AND CLIENT ACKNOWLEDGES THAT THIS ADDENDUM IS SUBJECT TO ALL DISCLAIMERS AND LIMITATIONS OR LIABILITY SET FORTH IN THE PLATFORM TERMS.
Limitation of Warranties and Liability a. The UNIT(S) is leased as is. As long as Lessee is not in default of this Agreement, Lessee shall have quiet possession of the UNIT(S). Except as to quiet possession, Lessor gives no warranties of any kind whatsoever with respect to the UNIT(S), its condition or performance, its merchantability or its fitness for a particular purpose.
