Common use of Limitation of Warranties and Liability Clause in Contracts

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.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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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. INDATAXXXXXX'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.

Appears in 1 contract

Samples: License Agreement

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 dealears 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, suppliers shall not exceed the amount paid by you for the SOFTWARE PRODUCTSOFTWARE. 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.

Appears in 1 contract

Samples: License Agreement

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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 shall not have any liability to you or any other person or entity for any damages whatsoever arising out of alleged patent infringements against you or your customers for distribution of the SOFTWARE PRODUCT in a manner inconsistent with the distribution methods intended and prescribed by INDATA in this XXXX. 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 PRODUCTSOFTWARE. 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.

Appears in 1 contract

Samples: License Agreement

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