Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).
Limited Warranties Disclaimer. 4.1 The Software and Documentation are licensed "AS IS". The Licensor disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Licensor does not warrant the functions contained in the Software will meet any requirement or needs the Licensee may have, or that the Software will operate error free, or in an uninterrupted fashion, or that the Software is compatible with any particular platform. The Licensor makes no guarantees regarding the use or any results deriving from the use of the Software and Documentation with respect to their correctness, accuracy, trustworthiness or in any other way.
Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws.
Limited Warranties Disclaimer. (a) USC hereby represents and warrants to Licensee as of the Effective Date that: (i) to the Knowledge (defined below) of USC, USC is the sole owner or a co-owner with the right to grant the exclusive license hereunder, of the patents and patent applications listed on Appendix A hereto; (ii) USC has not granted any license or option to license under the PATENTS in the FIELD OF USE to any third party (other than any such license or option to license that is no longer in force or effect); (iii) to the Knowledge of USC, USC has not received any written notice from any third party alleging that the practice of the inventions claimed in the PATENTS infringes the intellectual property rights of such third party; (iv) to the Knowledge of USC, Novartis has no claims to the practice of the inventions claimed in the PATENTS, and (v) to the Knowledge of USC, USC has not received any notice of termination of any interinstitutional agreement covering the applicable patents and patent applications listed in Appendix A. For purposes of this Paragraph, USC will be considered to have “Knowledge” of a particular fact or circumstance if such fact or circumstance is known to the most senior employee of USC’s technology licensing department or to any employee of USC who reports directly or indirectly to such senior employee, or if such fact or circumstance is described or disclosed in a written document received or sent by USC’s technology licensing department (including written correspondence with USC’s intellectual property counsel);
Limited Warranties Disclaimer. CREDIT UNION MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ACCOUNT, SERVICE, COMPONENT, OR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL MEET THE NEEDS OR SPECIFICATIONS OF YOU. CREDIT UNION AND ALL THIRD-PARTY SERVICE PROVIDERS OF CREDIT UNION EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL BE FREE OF DEFECTS, SAFE, SECURE OF ANY PARTICULAR QUALITY, OR PROVIDE ANY PARTICULAR LEVEL OF PERFORMANCE OR AVAILABILITY. EACH ACCOUNT, SERVICE OR COMPONENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. CREDIT UNION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF WHETHER CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The obligations set forth in this Section shall survive termination of this Agreement, or any Addenda.
Limited Warranties Disclaimer. 8.1 Company delivers, and Customer accepts, the System and the Services on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis, and without any representations or warranties of any kind.
Limited Warranties Disclaimer. Except as expressly changed or supplemented by a Statement of Work, this Section 3 contains all warranties for any product or Service provided by RIMS or third parties to or for the benefit of Customer or any of its customers, clients or other persons or entities.
Limited Warranties Disclaimer a. You acknowledge and agree that we make no guarantee, representation, warranty, or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the Service or the Global app, including but not limited to:
Limited Warranties Disclaimer. Contractor represents and warrants to the University as follows: Contractor represents and warrants to University that it will perform its obligations set forth herein and under each Scope of Services in a professional manner that conforms to generally accepted standards in the industry. Contractor represents and warrants that the Services and/or each Deliverable will substantially conform to the specifications described in the Scope of Service or any attachments for such Service or Deliverable. Contractor certifies, represents, and warrants that Contractor, its employees, officers, agents, and subcontractors are legally authorized and eligible to work in the United States. Contractor represents and warrants that each Service and/or Deliverable will comply with all Laws that are applicable to such Services and Deliverables. For purposes of clarity, “Laws” shall mean all applicable federal, state, local, or other industry or governmental authority laws, regulations, ordinances, orders, standards, rules, and other requirements that may now or hereafter govern the performance of Contractor pursuant to this Agreement. Except as otherwise provided in Section 12 and to the extent applicable, Contractor represents, warrants and covenants that: (a) at the time of transfer of ownership to University, it will have good and valid title in and to all of the deliverables, free and clear of any liens or encumbrances; (b) no other party owns or has any rights or interests in any of the deliverables; and (c) no deliverable or portion thereof has been copied, used or obtained from any third party without such third party’s written permission. EXCEPT AS EXPRESSLY SET FORTH IN THS SECTION 15, CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ITS PERFORMANCE UNDER THIS AGREEMENT, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limited Warranties Disclaimer. Tellabs# Software is subject to Tellabs# Global Warranty, available at xxxx://xxx.xx xxxxx.xxx/xxxxx/xxxxxxxxxxxx.xxxxx or upon request. The Documentation is licens ed "AS IS." Maintenance or support services outside the scope of Tellabs# Global Warranty are expressly excluded. TELLABS EXPRESSLY DISCLAIMS ALL OTHER WARRANTI ES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILI TY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
