Common use of No Warranty and Limitation of Liability Clause in Contracts

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED SOFTWARE ON AN "AS IS" BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED 6.1. THE SERVICES AND THE SOFTWARE ON AN ARE PROVIDED "AS IS," BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH AND NEITHER TELUS NOR ANYONE ELSE, INCLUDING AMONG OTHERS, ANY OF ITS AFFILIATES LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, (COLLECTIVELY THE USE OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, "TELUS ENTITIES") MAKE ANY EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE TELUS ENTITIES DO NOT WARRANT THAT ACCESS TO OR USE OF MERCHANTABILITY THE SERVICES WILL BE UNINTERRUPTED OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE)ERROR-FREE, OR THAT THE USE SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTSPERFORMANCE OR QUALITY. ALL IMPLIED AND STATUTORY WARRANTIES, COPYRIGHTSINCLUDING WITHOUT LIMITATION, TRADEMARKS WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR OTHER RIGHTS OF THIRD PARTIESACCURACY, ARE EXPRESSLY DISCLAIMED. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARETHIS DISCLAIMER INCLUDES, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECTWITHOUT LIMITATION, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATADATA RESULTING FROM DELAYS, REVENUENON DELIVERIES, PROFITSWRONG DELIVERIES, USE AND ANY OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OFALL SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE TELUS ENTITIES AND THEIR EMPLOYEES, AGENTS, SUPPLIERS, OR IN ANY WAY CONNECTED WITH CONTRACTORS OR BY THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTYCUSTOMER'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESERRORS AND OMISSIONS.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED THE SOFTWARE ON AN "IS PROVIDED “AS IS" BASIS. LICENSEE AGREES TO BEAR ”, AND AKAMAI, ALL RISKS ASSOCIATED WITH OF AKAMAI’S SUB-CONTRACTORS AND LICENSORS, AND THE USE PROVIDERS OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIESTHE VIDEO AND AUDIO CONTENT THAT THE COMPANY ACCESSES AND VIEWES USING THE SOFTWARE (“CONTENT PROVIDERS”), EXPRESS DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE EITHER EXPRESSED OR IMPLIED. BY WAY , INCLUDING WITHOUT LIMITATIONS WARRANTIES AND CONDITIONS OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR WARRANTIES TITLE AND NON-INFRINGEMENT OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIESPARTIES AND IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR INDEMNITY OBLIGATIONS AS THE SOFTWARE IS PROVIDED TO THE COMPANY AT NO CHARGE, THE COMPANY AGREES THAT ANY USE OF THE SOFTWARE IS AT ITS OWN RISK, AND NEITHER AKAMAI, ITS SUBCONTRACTORS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWAREITS LICENSORS, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR THE CONTENT PROVIDERS WILL BE LIABLE FOR ANY REASON WHATSOEVER EXCEED DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF DATA (INCLUDING BROADCASTED CONTENT FOR WHICH THE AMOUNTS ACTUALLY PAID BY AND/COMPANY HAS PAID), LOST PROFITS, LOST SAVINGS OR DUE FROM LICENSEE IN ANY OTHER INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER FINANCIAL DAMAGES, EVEN IF AKAMAI OR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING CONTENT PROVIDER WAS INFORMED OF THEIR POSSIBILITY. THE EVENT GIVING RISE COMPANY IS REQUESTED TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY VERIFY ITS WORK AND MAKE BACK-UP COPIES, AND AKAMAI, ITS SUBCONTRACTORS AND/OR ITS LICENSORS, AND THE CONTENT PROVIDERS WILL NOT BE RESPONSIBLE FOR ITS FAILURE TO DO SO. AKAMAI, ITS SUB-CONTRACTORS AND LICENSORS AND THE CONTENT PROVIDERS DO NOT WARRANT THAT THE SOFTWARE (AND/OR THE SYSTEMS IN WHICH THE SOFTWARE IS IMPLEMENTED OR WITH WHICH IT COMMUNICATES) WILL ALWAYS BE LIABLE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AKAMAI OR THE CONTENT PROVIDERS WARRANT ANY CONNECTION TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OFTRANSMISSION FROM THE INTERNET, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR QUALITY OF STREAMING MADE THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED SOFTWARE ON AN "THE PRODUCTS ARE PROVIDED “AS IS" BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH THE USE ” FOR EVALUATION PURPOSES ONLY AND WITHOUT ANY WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIESMERCHANTABILITY, AND NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. BY WAY NONE OF EXAMPLEBMC, BUT NOT LIMITATIONITS AFFILIATES, OREGON MAKES NO REPRESENTATIONS SUPPLIERS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT LICENSORS SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATAPROFITS, REVENUE, PROFITS, DATA OR DATA USE OR OTHER ECONOMIC ADVANTAGE) FROM ANY CAUSE ARISING OUT OF, OF OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWAREUSE OF THE PRODUCT OR THIS AGREEMENT. BMC’S, INCLUDING BUT NOT IT’S AFFILIATES’, SUPPLIER’S AND LICENSOR’S LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THE PRODUCT OR THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY USER TO LICENSE THE USE OF THAT PRODUCT OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE $500. IN THE CONTENTCOUNTRIES LISTED IN SUBSECTION 9(F), EVEN BELOW, THE LIMITATION OF LIABLITY IN THIS SECTION WILL NOT APPLY IF AND TO THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT EXTENT THAT THE DAMAGE WAS CAUSED BY THE WILLFUL INTENT OR SUCH GROSS NEGLIGENCE OF EITHER PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 무보증 및 책임의 제한. 제품은 평가 목적으로 "있는 그대로"제공되며, 명시 적 또는 묵시적이든 특정 목적에 대한 적합성 또는 상업성 및 타인의 권리 비 침해에 대한 묵시적인 보증을 포함하여 모든 보증이 제한없이 제공됩니다. BMC, 그 계열사, 공급 업체 또는 라이센 스 제공자는 본 계약과 관련하여 발생하거나 발생하는 모든 간접적, 우발적, 특별, 징벌 적 또는 필연적 손해 또는 이익, 매출, 데이터 또는 데이터의 손실에 대해 책임을지지 않습니다. 제품 또는 본 계약의 사용. 계약 또는 불법 행위에 관계없이 제품 또는 본 계약의 사 용으로 인해 발생하는 BMC의 '계열사', 공급 업체 및 라이센스 제공자의 책임은 제품 또는 $ 500의 사용을 라이센스하기 위해 사용자 가 지불 한 금액의 상당 부분으로 제한됩니다 . 아래 제 9 (F) 항에 나열된 국가에서 본 절의 책임 제한은 적용되지 않으며 해당 손해가 제 3 자의 과실로 인해 발생했거나 귀하의 과실로 인해 발생한 경우는 예외로합니다.