Common use of No Warranty Clause in Contracts

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 6 contracts

Samples: A Legal Agreement, A Legal Agreement, A Legal Agreement

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No Warranty. APPLE YOU EXPRESSLY UNDERSTAND AND ITS AFFILIATESAGREE THAT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE SOFTWARE IS PROVIDED ON AN BY MIDVISION, ITS AFFILIATES AND THIRD PARTY SUPPLIERS AS-AS IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE ”, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESEXPRESS, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY THE IMPLIED WARRANTIES OF ACCURACYPERFORMANCE, SECURITY, NON- INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS WITHOUT LIMITING THE FOREGOING, MIDVISION MAKES NO WARRANTY THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIDVISION OR THROUGH OR FROM USE OF THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MIDVISION, ITS AFFILIATES AND ALL THIRD PARTY SUPPLIERS SPECIFICALLY DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF WITH REGARD TO ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO ACTIONS RESULTING FROM YOUR USE OF THE SERVICESOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE. MIDVISION, ITS AFFILIATES AND THIRD PARTY SUPPLIERS ASSUME TOTAL RESPONSIBILITY AND ALL RISKS NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER AS A RESULT YOUR USE OF THE SERVICESOFTWARE. MIDVISION DOES NOT CONTROL, INCLUDINGENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY AMAZON OR OTHER THIRD PARTIES ACCESSIBLE THROUGH AWS. MIDVISION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AWS, BUT AND SHALL NOT LIMITED TOBE LIABLE FOR AMAZON OR OTHER THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. MIDVISION WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF USING AWS OR A THIRD PARTY USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION IN CONNECTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE EITHER WITH OR OTHER PRODUCTSWITHOUT YOUR KNOWLEDGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SERVICES THE LIMITATION OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSEXCLUSION OF IMPLIED WARRANTIES, OR CORRECTIONSLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR SO THE ABOVE LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 5 contracts

Samples: d7umqicpi7263.cloudfront.net, d7umqicpi7263.cloudfront.net, www.midvisioncloud.com

No Warranty. APPLE EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS AND ITS AFFILIATESNEITHER PARTY EXTENDS ANY WARRANTIES OF ANY KIND, SUBSIDIARIESEITHER EXPRESS, OFFICERSIMPLIED, DIRECTORSSTATUTORY OR OTHERWISE, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITH RESPECT TO THE SUBJECT MATTER OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT AGREEMENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDLICENSED PRODUCT), INCLUDING ANY WARRANTIES WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTNONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. APPLE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OPKO MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF THE OPKO PATENT RIGHTS OR OPKO KNOW HOW, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING OR NOT INFRINGING THE OPKO PATENT RIGHTS OR OPKO KNOW HOW COVERED BY THIS AGREEMENT. TESARO DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND ALL LIABILITY FOR THE ACTSCOMMERCIALIZATION OF LICENSED PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TOIF COMMERCIALIZED, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPARTICULAR SALES LEVEL WILL BE ACHIEVED.

Appears in 4 contracts

Samples: Exclusive License Agreement (TESARO, Inc.), Exclusive License Agreement (TESARO, Inc.), Exclusive License Agreement (Opko Health, Inc.)

No Warranty. APPLE EXCEPT AS PROVIDED IN SUBSECTIONS 8.1 AND ITS AFFILIATES8.2 ABOVE, SUBSIDIARIESTHE SOFTWARE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSOPTIMIZED DECODER CODE, AND LICENSORS INCORPORATED TECHNOLOGY (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14COLLECTIVELY THE "SUBJECT TECHNOLOGIES") DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS ARE PROVIDED ON AN “"AS-IS" WITHOUT WARRANTY OF ANY KIND AND “AS- AVAILABLE” BASIS BOTH PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE SERVICE IS SUBJECT TO CHANGE TECHNOLOGIES ARE BEING PROVIDED WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILESREPRESENTATIONS, INFORMATION WARRANTIES OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESCONDITIONS WHETHER EXPRESS, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES STATUTORY, ARISING OUT OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT COURSE OF ANY THIRD PARTIES IN CONNECTION WITH DEALING OR RELATED TO YOUR USE USAGE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR DISSATISFACTION WITH ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, QUALITY, PRODUCTIVENESS, CAPACITY, OR THAT THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OPERATION OF THE BARGAIN BETWEEN THE PARTIESSUBJECT TECHNOLOGIES WILL BE ERROR-FREE. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARENO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PARTY, HARDWARE OR OTHER PRODUCTSITS DIRECTORS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPEROFFICERS, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESEMPLOYEES, ENHANCEMENTSLICENSORS, OR CORRECTIONSSUPPLIERS, AGENTS, OR TO NOTIFY YOU ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, LICENSING, SUBLICENSING, SUPPLY OR DELIVERY OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKETHE SUBJECT TECHNOLOGIES WILL CREATE A REPRESENTATION, CONDITION, OR TO PUBLICLY ANNOUNCE WARRANTY AND NEITHER PARTY MAY NOT RELY ON SUCH INFORMATION OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREADVICE.

Appears in 4 contracts

Samples: License and Software Distribution Agreement (On2 Technologies Inc), License and Software Distribution Agreement (On2 Technologies Inc), License and Software Distribution Agreement (On2 Technologies Inc)

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), COMPATIBILITY LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN A REGISTERED APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRETo the extent that Apple makes any pre-RELEASE SOFTWARErelease or other products, HARDWARE OR OTHER PRODUCTSservices or information related thereto available to you as a Registered Apple Developer, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERyou understand that Apple is under no obligation to provide updates, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESenhancements, ENHANCEMENTSor corrections, OR CORRECTIONSor to notify you of any product or services changes that Apple may make, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(Sor to publicly announce or introduce the product(s) OR SERVICE AT ANY TIME IN THE FUTUREor service at any time in the future.

Appears in 4 contracts

Samples: Registered Apple Developer Agreement (King Digital Entertainment PLC), Registered Apple Developer Agreement (Snap Interactive, Inc), Registered Apple Developer Agreement

No Warranty. APPLE TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE PRODUCT SOFTWARE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE PRODUCT SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. XXXXXX LIGHTING, ITS AFFILIATES, SUBSIDIARIES, OFFICERSAND AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCT SOFTWARE AND ANY SERVICES, DIRECTORSEITHER EXPRESS, EMPLOYEESIMPLIED, AGENTSSTATUTORY, PARTNERSOR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND LICENSORS (COLLECTIVELYOF NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER XXXXXX LIGHTING, “APPLE” FOR PURPOSES NOR ANY OF THIS SECTION 13 AND 14) DO NOT PROMISE ITS AFFILIATES OR SUBSIDIARIES, WARRANT THAT THE SITEFUNCTIONS OR SERVICES CONTAINED IN, CONTENTACCESSED FROM, SERVICES (INCLUDINGPERFORMED BY, FUNCTIONALITY DISPLAYED ON, LINKED TO/FROM, OR FEATURES PROVIDED BY, THE PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FOREGOING), LABS, DTS SERVICES, PRODUCT SOFTWARE OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SERVICES WILL BE ACCURATEUNINTERRUPTED, RELIABLEERROR-FREE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTEDTHAT DEFECTS OR ERRORS IN THE PRODUCT SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT ANY DEFECTS THE PRODUCT SOFTWARE WILL BE CORRECTED. COMPATIBLE WITH ANY SYSTEM, OR THAT THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE PRODUCT SOFTWARE WILL BE FREE OF FROM WORMS, VIRUSES, CONTAMINATION MALWARE, TROJAN HORSES, OR DESTRUCTIVE FEATURESOTHER HARMFUL OR DISABLING COMPONENTS. FURTHERNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX LIGHTING, APPLE DOES NOT GUARANTEE ITS AFFILIATES, SUBSIDIARIES, OR ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR NECESSARY REPAIRS IN THE ACTS, OMISSIONS AND CONDUCT OF EVENT YOU EXPERIENCE ANY THIRD PARTIES IN CONNECTION WITH LOSS OR RELATED TO YOUR DAMAGE ARISING FROM THE USE OF THE SERVICEPRODUCT SOFTWARE OR ANY RELATED GOODS OR SERVICES. IF YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF ARE DISSATISFIED WITH THIS AGREEMENT, THE SERVICEPRODUCT SOFTWARE AND/OR ANY RELATED GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP DISCONTINUE USING THE SERVICEPRODUCT SOFTWARE. THIS LIMITATION SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF RELIEF IS IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A PART OF CONSUMER, SO THE BARGAIN BETWEEN THE PARTIES. ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 4 contracts

Samples: End User License Agreement, License Agreement, License Agreement

No Warranty. APPLE AND ITS AFFILIATESXXXXXXXXXX.XXX MAKES NO WARRANTIES OF ANY KIND, SUBSIDIARIESINCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM, OFFICERSTHE SFDC SERVICE, DIRECTORSAND/OR THE RESELLER APPLICATION, EMPLOYEESWHETHER EXPRESS, AGENTSIMPLIED, PARTNERSSTATUTORY OR OTHERWISE. XXXXXXXXXX.XXX MAKES NO REPRESENTATION, AND LICENSORS (COLLECTIVELYWARRANTY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT OR GUARANTY AS TO THE SITERELIABILITY, CONTENTTIMELINESS, SERVICES (INCLUDINGQUALITY, FUNCTIONALITY SUITABILITY, AVAILABILITY, ACCURACY OR FEATURES COMPLETENESS OF THE FOREGOING)RESELLER APPLICATION. XXXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT (A) THE RESELLER APPLICATION WILL BE AVAILABLE, LABSSECURE, DTS SERVICESTIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH THE XXXXXXXXXX.XXX SERVICE OR ANY OTHER INFORMATION APPLICATION, SOFTWARE, HARDWARE, SYSTEM OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER DATA, (COLLECTIVELYB) THE RESELLER APPLICATION, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14PLATFORM OR THE SFDC SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA STORED USING THE RESELLER APPLICATION WILL BE ACCURATE, RELIABLE, TIMELY, OR SECURE, ERROR- FREE (D) ERRORS OR UNINTERRUPTEDDEFECTS IN THE RESELLER APPLICATION, THE PLATFORM, OR THAT ANY DEFECTS THE SFDC SERVICE WILL BE CORRECTED, OR (E) THE RESELLER APPLICATION OR THE SYSTEMS USED BY RESELLER TO MAKE RESELLER APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM AND THE SFDC SERVICE IS PROVIDED STRICTLY ON AN “AS-"AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXXXXXX.XXX DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND “AS- AVAILABLE” BASIS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO RESELLER APPLICATION AND THE SERVICE IS SUBJECT TO CHANGE SERVICE, INCLUDING, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT LIMITATION, ANY CONTENT (INCLUDING FILESIMPLIED WARRANTY OF MERCHANTABILITY, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU NON-INFRINGEMENT OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIRD PARTY RIGHTS.

Appears in 3 contracts

Samples: Service Level Agreement, Service Level Agreement, Apto Subscription Services Agreement

No Warranty. APPLE THE EQUIPMENT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS ARE PROVIDED BY ALTEVA ON AN “AS-IS” BASIS, AND “AS- AVAILABLE” BASIS CUSTOMER’S AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART USERS’ USE OF THE SERVICE EQUIPMENT AND APPLE DISCLAIMS SERVICES ARE AT THEIR OWN RISK. OTHER THAN ANY LIABILITY RELATED THERETOTHIRD-PARTY MANUFACTURERS’ WARRANTIES THAT MAY BE APPLICABLE TO THE EQUIPMENT, ALTEVA MAKES NO WARRANTY THAT THE SERVICES OR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR FREE. APPLE DISCLAIMS ALL ALTEVA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ALTEVA NOR ITS VENDORS SHALL BE LIABLE FOR UNAUTHORIZED ACCESS TO ALTEVA’S OR CUSTOMER’S TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION OBTAINED THEREONTHROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ALTEVA’S OR ITS VENDORS’ NEGLIGENCE. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ALTEVA DOES NOT WARRANT THAT ANY OF THE BARGAIN BETWEEN SERVICES WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE PARTIESNETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF USERS DURING SPECIFIC HOURS. CUSTOMER MAY BE UNABLE TO ACCESS THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE ALTEVA NETWORK AT ANY TIME IN AND DISCONNECTION FROM THE FUTURE.ALTEVA NETWORK MAY OCCUR FROM TIME TO TIME

Appears in 3 contracts

Samples: Master Services Agreement, momentumtelecom.com, momentumtelecom.com

No Warranty. APPLE COMPANY ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREES THAT TU IS AN ACADEMIC RESEARCH INSTITUTION AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEJOINT RESEARCH IS OF AN EXPERIMENTAL NATURE. AS A RESULT, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES ANY RESULTS OF THE FOREGOING), LABS, DTS SERVICES, OR JOINT RESEARCH AND ANY OTHER INFORMATION OR RESEARCH MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 IS AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT WITH ALL FAULTS. NEITHER PARTY MAKES ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS TO ANY WARRANTIES MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ACCURACYTHE JOINT RESEARCH, NON- INFRINGEMENTWHETHER ANY RESULTS WILL OBTAIN, MERCHANTABILITY AND ANY RESEARCH MATERIALS OR ANY INVENTION, PROCESS OR PRODUCT, WHETHER TANGIBLE OR INTANGIBLE, CONCEIVED, DISCOVERED, DEVELOPED OR REDUCED TO PRACTICE UNDER THIS AGREEMENT; OR THE OWNERSHIP, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE PURPOSE OF THE SERVICERESEARCH, ANY RESEARCH MATERIALS OR ANY SUCH INVENTION OR PRODUCT. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS NEITHER PARTY SHALL BE LIABLE FOR YOUR USE OF ANY DIRECT, CONSEQUENTIAL, OR OTHER DAMAGES SUFFERED BY THE SERVICEOTHER PARTY, INCLUDINGANY LICENSEE, OR OTHERS INCLUDING BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION DAMAGES ARISING FROM LOSS OF RELIEF IS A PART DATA OR DELAY OR TERMINATION OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSJOINT RESEARCH, OR CORRECTIONSFROM THE USE OF THE JOINT RESEARCH RESULTS, OR TO NOTIFY YOU THE USE OF ANY PRODUCT RESEARCH MATERIALS OR SERVICES CHANGES THAT APPLE MAY MAKE, ANY SUCH INVENTION OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPRODUCT.

Appears in 3 contracts

Samples: Joint Research Agreement, Joint Research Agreement, Joint Research Agreement

No Warranty. APPLE 7.1 YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICELICENSED SITE (AS DEFINED) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU (AS DEFINED). YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SITE AND ANY RELATED CONTENT THEREON (INCLUDING THIRD-PARTY LINKS) PROVIDED BY ICON, IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ICON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICELICENSED SITE AND ANY SERVICES, LINKS, OR REPRESENTATIONS RELATED THERETO OR CONTAINED THEREON, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. ICON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART USE OF THE BARGAIN BETWEEN THE PARTIESLICENSED SITE. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE NO ORAL OR OTHER PRODUCTS, SERVICES WRITTEN INFORMATION OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, ADVICE GIVEN BY ICON OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

Appears in 3 contracts

Samples: Access and End User Terms and Conditions, Access and End User Terms and Conditions, Access and End User Terms and Conditions

No Warranty. APPLE AND ITS AFFILIATESTHE SOFTWARE IS PROVIDED “AS-IS” WITHOUT INDEMNIFICATION, SUBSIDIARIESSUPPORT, OFFICERSOR WARRANTIES OF ANY KIND, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES EXPRESSED OR IMPLIED. YOU ASSUME ALL RISK ASSOCIATED WITH ANY USE OF THIS SECTION 13 AND 14) DO THE SOFTWARE. ARISTA DOES NOT PROMISE WARRANT THAT THE SITESOFTWARE WILL MEET YOUR REQUIREMENTS, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES THAT THE OPERATION OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SOFTWARE WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS ALL SOFTWARE ERRORS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE ARISTA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APPLE DISCLAIMS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARISTA OR ELSEWHERE WILL CREATE ANY AND ALL LIABILITY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE ACTSFAILURE OF THE SOFTWARE COULD LEAD TO DEATH, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH PERSONAL INJURY OR RELATED TO YOUR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE. USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT SOFTWARE IN SUCH HIGH RISK ACTIVITIES IS NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREAUTHORIZED.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

No Warranty. APPLE EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS AND ITS AFFILIATESNEITHER PARTY EXTENDS ANY WARRANTIES OF ANY KIND, SUBSIDIARIESEITHER EXPRESS, OFFICERSIMPLIED, DIRECTORSSTATUTORY OR OTHERWISE, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITH RESPECT TO THE SUBJECT MATTER OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT AGREEMENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDLICENSED PRODUCT), INCLUDING ANY WARRANTIES WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTNONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. APPLE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PENWEST MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF THE PENWEST PATENT RIGHTS OR PENWEST KNOW HOW, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING OR NOT INFRINGING THE PENWEST PATENT RIGHTS OR PENWEST KNOW HOW COVERED BY THIS AGREEMENT. TREVI DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND ALL LIABILITY FOR THE ACTSCOMMERCIALIZATION OF LICENSED PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TOIF COMMERCIALIZED, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPARTICULAR SALES LEVEL WILL BE ACHIEVED.

Appears in 3 contracts

Samples: Exclusive License Agreement (Trevi Therapeutics, Inc.), Exclusive License Agreement (Trevi Therapeutics, Inc.), Exclusive License Agreement (Trevi Therapeutics, Inc.)

No Warranty. APPLE YOU ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR: (I) ANY INFORMATION OBTAINED THEREON. INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY YOU WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF YOU OR YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF RELIEF IS A ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. TO SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREDEVICES, HARDWARE OR OTHER PRODUCTSROGERS EQUIPMENT, THE SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME DESCRIBED IN THE FUTURE.AGREEMENT; OR

Appears in 3 contracts

Samples: assets.ctfassets.net, assets.ctfassets.net, assets.ctfassets.net

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 3 contracts

Samples: R, H, A Legal Agreement

No Warranty. APPLE AND ITS AFFILIATESANY INFORMATION, SUBSIDIARIESRESULTS, OFFICERSMATERIALS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, RESOURCES, INTELLECTUAL PROPERTY OR ANY OTHER INFORMATION PROPERTY OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER RIGHTS GRANTED, GRANTED ACCESS TO, OR PROVIDED BY PFIZER TO AMC PURSUANT TO THIS AGREEMENT (COLLECTIVELY, HEREIN THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14INTELLECTUAL PROPERTY”) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ARE ON AN “AS-AS IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEBASIS. APPLE CANNOT ENSURE THAT PFIZER MAKES NO WARRANTIES OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING AS TO ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, EXCLUSIVITY, ACCURACY, INTEGRATION, OR RESULTS OBTAINED FROM INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY INFORMATION USE OF ANY INTELLECTUAL PROPERTY MADE OR CREATED UNDER THE AGREEMENT, NOR SHALL PFIZER BE LIABLE TO AMC FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INABILITY TO USE, USE PROPERLY, OR USE WITHOUT ERRORS, SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND DERIVATIONS THEREOF. PFIZER MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, INFORMATIONAL CONTENT, ACCURACY, INTEGRATION, OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING FROM THE USE OF THE INTELLECTUAL PROPERTY OR RIGHTS GRANTED OR PROVIDED BY IT HEREUNDER. AMC AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF PFIZER EXPRESSED OR IMPLIED, TO ANY PERSON CONCERNING THE APPLICATION OF, ACCURACY OF, OR THE RESULTS TO BE OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSINTELLECTUAL PROPERTY, OR CORRECTIONS, OR WITH RESPECT TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.OTHER MATTER

Appears in 3 contracts

Samples: Collaborative Research Agreement, Collaborative Research Agreement, Collaborative Research Agreement

No Warranty. APPLE CUSTOMER ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH INTERRUPTIONS OR DISRUPTIONS OF THE SERVICE IS TO STOP USING SERVICES, THE SERVICE. THIS LIMITATION INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF RELIEF IS A THE DEVICES, OTHER EQUIPMENT, THE SERVICES, THE ROGERS FACILITIES, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIESSERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE DEVICES, OTHER EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DEFINED IN SECTION 26 OF THIS AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES. FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER’S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PREDATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-RELEASE SOFTWAREMAIL OR OTHERWISE) WILL BE TRANSMITTED, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME.

Appears in 3 contracts

Samples: Enterprise Customer Agreement, Enterprise Customer Agreement, Enterprise Customer Agreement

No Warranty. APPLE CUSTOMER ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH INTERRUPTIONS OR DISRUPTIONS OF THE SERVICE IS TO STOP USING SERVICES, THE SERVICE. THIS LIMITATION INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF RELIEF IS A THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER’S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PREDATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-RELEASE SOFTWAREMAIL OR OTHERWISE) WILL BE TRANSMITTED, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME. Part III. Definitions The following definitions are used in in conjunction with IoT Connectivity Services. Any capitalized terms not defined below are defined in the Agreement.

Appears in 3 contracts

Samples: www.rogers.com, www.rogers.com, assets.ctfassets.net

No Warranty. APPLE AND ITS AFFILIATESEXCEPT FOR ANY CONDITION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY BE EXCLUDED OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT LIMITED BY LAW APPLICABLE TO YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYIN YOUR JURISDICTION, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE PRODUCT IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER AND THE SERVICE IS SUBJECT LICENSOR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO CHANGE WITHOUT NOTICETHE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THE AGREEMENT OR OTHERWISE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILESYOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED OR EXPECTED RESULTS, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICE PRODUCT. THE LICENSOR MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OF VIRUSESOR FREE FROM INTERRUPTION OR FAILURE, CONTAMINATION OR DESTRUCTIVE FEATURESTHAT IT WILL MEET YOUR OR YOUR CUSTOMERS’ EXPECTATIONS, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. FURTHERTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTNON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. APPLE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE LICENSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS LOSS OF DATA DURING ANY COMMUNICATIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH LIABILITY ARISING FROM OR RELATED TO YOUR USE OF ANY FAILURE BY THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LICENSOR TO TRANSMIT ACCURATE OR COMPLETE INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 3 contracts

Samples: License Agreement, User License Agreement, User License Agreement

No Warranty. APPLE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE PRODUCT OR ANY SERVICE OR INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU. THE PRODUCT, ANY SERVICE AND ITS AFFILIATESANY INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PROVIDER, SUBSIDIARIESON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSTHROUGH OR FOR PROVIDER, AND LICENSORS (COLLECTIVELYFOR THE BENEFIT OFONSTAR, “APPLE” EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSES A PARTICULAR PURPOSE IN RESPECT OF THIS SECTION 13 THE PRODUCT OR ANY SERVICES PROVIDED THROUGH THE PRODUCT, ACCURACY, AND 14) DO NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. PROVIDER DOES NOT PROMISE WARRANT THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY PRODUCT WILL CONTINUE TO OPERATE OR FEATURES REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PROVIDER DOES NOT WARRANT THAT USE OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) PRODUCT WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- UNINTERRUPTED OR ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED. PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE SERVICE PRODUCT WILL OPERATE PROPERLY ON YOUR CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE PRODUCT. PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE PRODUCT OR YOU THROUGH THE PRODUCT, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE PRODUCT. IF THE PROVIDER IS A THIRD PARTY, THEN YOU UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS” BY THE THIRD PARTY PROVIDER AND “AS- AVAILABLE” BASIS AND THATONSTAR DOES NOT PROVIDE ANY WARRANTY WHATSOEVER (WHETHER MENTIONED IN THIS SECTION OR OTHERWISE) RELATED TO THE PRODUCT OR ANY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEOR INFORMATION PROVIDED BY OR THROUGH SUCH THIRD PARTY PROVIDER PRODUCT. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESWARRANTIES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART SO SOME OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT ABOVE DISCLAIMERS MAY NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARESUCH JURISDICTION’S LAW IS APPLICABLE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE IN WHICH CASEONSTAR’S WARRANTIES SHALL BE LIMITED TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREEXTENT PERMITTED BY LAW.

Appears in 3 contracts

Samples: my.gmcarabia.com, my.gmcarabia.com, my.chevroletarabia.com

No Warranty. APPLE THE INCONTROL REMOTE APP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DATA AND LICENSORS (COLLECTIVELY, ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT APPLICATION AND DATA AND ANY CONTENT (INCLUDING FILESSERVICES PERFORMED OR PROVIDED BY THE APPLICATION, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESWHETHER EXPRESS, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES LEGAL OR STATUTORY, WHETHER ARISING BY OPERATION OF ACCURACYLAW, NON- INFRINGEMENTSTATUTE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTSUSAGE OF TRADE, OMISSIONS AND CONDUCT CUSTOM, COURSE OF ANY THIRD PARTIES IN CONNECTION WITH DEALING OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEPERFORMANCE, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY; OF FITNESS FOR A PARTICULAR PURPOSE; OF ACCURACY; OF SATISFACTORY QUALITY; OF QUIET ENJOYMENT; AND OF NON‐INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT: AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION OR DATA; THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR‐FREE; THAT IT WILL CORRECT DEFECTS IN THE APPLICATION OR DATA; OR THAT THE APPLICATION WILL NOT ADVERSELY EFFECT ANY INFORMATION OBTAINED THEREONDEVICE ON WHICH YOU USE THE APPLICATION INCLUDING RESULTING IN A MODIFICATION OR CHANGE TO THE DEVICE OR RENDERING ALL OR A PORTION OF THE DEVICE INACCESSIBLE OR UNUSABLE. YOU ACKNOWLEDGE THAT ANY DATA PROVIDED MAY NOT BE ACCURATE AND THAT YOU USE THE DATA AND THE APPLICATION AT YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICERISK. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT YOU FURTHER ACKNOWLEDGE THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER WE HAVE NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, CUSTOMER SUPPORT FOR THE APPLICATION OR CORRECTIONS, WITH REGARD TO ANY EFFECT IT MAY HAVE ON YOUR DEVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 3 contracts

Samples: cdn.prod-row.jlrmotor.com, cdn.prod-row.jlrmotor.com, cdn.prod-row.jlrmotor.com

No Warranty. APPLE The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth below and in this Premium Service Agreement may not apply to you. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT: (A) THE PREMIUM SERVICES MAY CONTAIN BUGS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSERRORS, AND LICENSORS DEFECTS; (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14B) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES USE OF THE FOREGOING)PREMIUM SERVICES IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, LABSPERFORMANCE, DTS SERVICESACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE PREMIUM SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE DISCLAIMS ALL WARRANTIES AND CONDITIONS (EXPRESS, LEGAL, OR ANY OTHER INFORMATION IMPLIED AND ARISING BY LAW OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, OTHERWISE) REGARDING THE “SERVICE” PREMIUM SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDYOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTQUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. APPLE DISCLAIMS EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED BY LAW, FLUKE SHALL HAVE NO LIABILITY OF ANY AND ALL LIABILITY KIND FOR THE ACTSUSE OF, OMISSIONS AND CONDUCT OR INABILITY TO USE, THE PREMIUM SERVICES OR ANY SERVICE THAT THE LICENSED APPLICATION IS INTENDED TO ACCESS OR FOR ANY LOSS, CORRUPTION OR OTHER LIMITATION OF ANY THIRD PARTIES IN CONNECTION WITH ACCESS TO OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIESDATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE DOES NOT WARRANT THAT APPLE MAKES THE PREMIUM SERVICES WILL BE DELIVERED FREE OF ANY PRE-RELEASE SOFTWAREINTERRUPTIONS, HARDWARE DELAYS, OMISSIONS OR OTHER PRODUCTS, ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLUKE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE PREMIUM SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURECORRECTION.

Appears in 3 contracts

Samples: Premium Services Agreement, Premium Services Agreement, Premium Services Agreement

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEAPP IS AT YOUR SOLE RISK, EXCEPT AS AND ONLY TO THE EXTENT THAT THE USER TERMS OR APPLICABLE LAW PROVIDE OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICEAPP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY THAT THE APP IS FREE FROM DEFECTS OR VIRUSES OR THAT ACCESS TO THIS APPLICATION WILL BE UNINTERRUPTED OR WITHOUT DELAYS OR FAILURES AND THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OBTAINED THEREONOR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH SHOULD THE SERVICE IS TO STOP USING APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE SERVICE. THIS LIMITATION ENTIRE COST OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, EXCEPT AS AND ONLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARETHE USER TERMS OR APPLICABLE LAW PROVIDE OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: End User Licence Agreement, End User Licence Agreement

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 2 contracts

Samples: A Legal Agreement (YouNow, Inc.), A Legal Agreement (YouNow, Inc.)

No Warranty. APPLE AND ITS AFFILIATESTHE SERVICE, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, INCLUDING ALL CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDSERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE ACCURATE, RELIABLE OR CORRECT; THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES, CONTAMINATION VIRUSES OR DESTRUCTIVE FEATURESOTHER HARMFUL COMPONENTS. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS CONTENT DOWNLOADED OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND APPLE DISCLAIMS YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS DAMAGE TO YOUR COMPUTER SYSTEM OR IMPLIEDLOSS OF DATA, INCLUDING ANY WARRANTIES OF ACCURACYUSER CONTENT, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH THAT RESULTS FROM SUCH DOWNLOAD OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEWE DO NOT WARRANT, INCLUDINGENDORSE, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSGUARANTEE, OR CORRECTIONS, OR TO NOTIFY YOU OF ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKESERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AT ANY TIME IN THE FUTURESERVICES.

Appears in 2 contracts

Samples: Terms and Conditions, www.digihealthlab.com

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEENTIRE RISK AS TO SATISFACTORY QUALITY, CONTENTPERFORMANCE, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF ACCURACY AND EFFORT IS WITH YOU. TO THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN LICENSED APPLICATION THAT THE PARTIESFUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE LICENSED APPLICATION OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: Myquintet Agreement, www.quintet.lu

No Warranty. APPLE TO THE EXTENT PERMITTED BY LAW, AUTHORIZED PARTY EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PRODUCT SOFTWARE IS AT AUTHORIZED PARTY’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE PRODUCT SOFTWARE IS WITH AUTHORIZED PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE PRODUCT SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. EATON, ITS AFFILIATES, SUBSIDIARIES, OFFICERSAND AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCT SOFTWARE AND ANY SERVICES, DIRECTORSEITHER EXPRESS, EMPLOYEESIMPLIED, AGENTSSTATUTORY, PARTNERSOR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND LICENSORS (COLLECTIVELYOF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER EATON, “APPLE” FOR PURPOSES NOR ANY OF THIS SECTION 13 AND 14) DO NOT PROMISE ITS AFFILIATES OR SUBSIDIARIES, WARRANT THAT THE SITEFUNCTIONS OR SERVICES CONTAINED IN, CONTENTACCESSED FROM, SERVICES (INCLUDINGPERFORMED BY, FUNCTIONALITY DISPLAYED ON, LINKED TO/FROM, OR FEATURES PROVIDED BY, THE PRODUCT SOFTWARE WILL MEET AUTHORIZED PARTY’S REQUIREMENTS, THAT THE OPERATION OF THE FOREGOING), LABS, DTS SERVICES, PRODUCT SOFTWARE OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SERVICES WILL BE ACCURATEUNINTERRUPTED, RELIABLEERROR-FREE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTEDTHAT DEFECTS OR ERRORS IN THE PRODUCT SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT ANY DEFECTS THE PRODUCT SOFTWARE WILL BE CORRECTED. COMPATIBLE WITH ANY SYSTEM, OR THAT THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE PRODUCT SOFTWARE WILL BE FREE OF FROM WORMS, VIRUSES, CONTAMINATION MALWARE, TROJAN HORSES, OR DESTRUCTIVE FEATURESOTHER HARMFUL OR DISABLING COMPONENTS. FURTHERNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EATON, APPLE DOES NOT GUARANTEE ITS AFFILIATES, SUBSIDIARIES, OR ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. AUTHORIZED PARTY ASSUMES THE ENTIRE COST OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR NECESSARY REPAIRS IN THE ACTS, OMISSIONS AND CONDUCT OF EVENT AUTHORIZED PARTY EXPERIENCES ANY THIRD PARTIES IN CONNECTION WITH LOSS OR RELATED TO YOUR DAMAGE ARISING FROM THE USE OF THE SERVICEPRODUCT SOFTWARE OR ANY RELATED GOODS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY IF AUTHORIZED PARTY IS DISSATISFIED WITH THIS AGREEMENT, THE PRODUCT SOFTWARE AND/OR ANY RELATED GOODS OR SERVICES, AUTHORIZED PARTY’S SOLE AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE EXCLUSIVE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP DISCONTINUE USING THE SERVICEPRODUCT SOFTWARE. THIS LIMITATION SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF RELIEF IS IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A PART OF CONSUMER, SO THE BARGAIN BETWEEN THE PARTIES. ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREAUTHORIZED PARTY.

Appears in 2 contracts

Samples: End User License Agreement, www.repuestoseaton.cl

No Warranty. APPLE TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE PRODUCT SOFTWARE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE PRODUCT SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. EATON AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCT SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER EATON, NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE WARRANT THAT THE SITEFUNCTIONS OR SERVICES CONTAINED IN, CONTENTACCESSED FROM, SERVICES (INCLUDINGPERFORMED BY, FUNCTIONALITY DISPLAYED ON, LINKED TO/FROM, OR FEATURES PROVIDED BY, THE PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FOREGOING), LABS, DTS SERVICES, PRODUCT SOFTWARE OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SERVICES WILL BE ACCURATEUNINTERRUPTED, RELIABLEERROR-FREE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTEDTHAT DEFECTS OR ERRORS IN THE PRODUCT SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT ANY DEFECTS THE PRODUCT SOFTWARE WILL BE CORRECTED. COMPATIBLE WITH ANY SYSTEM, OR THAT THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE PRODUCT SOFTWARE WILL BE FREE OF FROM WORMS, VIRUSES, CONTAMINATION MALWARE, TROJAN HORSES, OR DESTRUCTIVE FEATURESOTHER HARMFUL OR DISABLING COMPONENTS. FURTHERNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EATON, APPLE DOES NOT GUARANTEE ITS AFFILIATES, OR ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR NECESSARY REPAIRS IN THE ACTS, OMISSIONS AND CONDUCT OF EVENT YOU EXPERIENCE ANY THIRD PARTIES IN CONNECTION WITH LOSS OR RELATED TO YOUR DAMAGE ARISING FROM THE USE OF THE SERVICEPRODUCT SOFTWARE OR ANY RELATED GOODS OR SERVICES. IF YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF ARE DISSATISFIED WITH THIS AGREEMENT, THE SERVICEPRODUCT SOFTWARE AND/OR ANY RELATED GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP DISCONTINUE USING THE SERVICEPRODUCT SOFTWARE. THIS LIMITATION SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF RELIEF IS IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A PART OF CONSUMER, SO THE BARGAIN BETWEEN THE PARTIES. ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: License Agreement, End User License Agreement

No Warranty. APPLE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE PRODUCT OR ANY SERVICE OR INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU. THE PRODUCT, ANY SERVICE AND ITS AFFILIATESANY INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PROVIDER, SUBSIDIARIESON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSTHROUGH OR FOR PROVIDER, AND LICENSORS (COLLECTIVELYFOR THE BENEFIT OF GM, “APPLE” EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSES A PARTICULAR PURPOSE IN RESPECT OF THIS SECTION 13 THE PRODUCT OR ANY SERVICES PROVIDED THROUGH THE PRODUCT, ACCURACY, AND 14) DO NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. PROVIDER DOES NOT PROMISE WARRANT THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY PRODUCT WILL CONTINUE TO OPERATE OR FEATURES REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PROVIDER DOES NOT WARRANT THAT USE OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) PRODUCT WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- UNINTERRUPTED OR ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED. PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE SERVICE PRODUCT WILL OPERATE PROPERLY ON YOUR CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE PRODUCT. PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE PRODUCT OR YOU THROUGH THE PRODUCT, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE PRODUCT. IF THE PROVIDER IS A THIRD PARTY, THEN YOU UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS” BY THE THIRD PARTY PROVIDER AND “AS- AVAILABLE” BASIS AND THAT GM DOES NOT PROVIDE ANY WARRANTY WHATSOEVER (WHETHER MENTIONED IN THIS SECTION OR OTHERWISE) RELATED TO THE PRODUCT OR ANY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEOR INFORMATION PROVIDED BY OR THROUGH SUCH THIRD PARTY PROVIDER PRODUCT. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESWARRANTIES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART SO SOME OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT ABOVE DISCLAIMERS MAY NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARESUCH JURISDICTION’S LAW IS APPLICABLE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE IN WHICH CASE GM’S WARRANTIES SHALL BE LIMITED TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREEXTENT PERMITTED BY LAW.

Appears in 2 contracts

Samples: www.onstar.com, www.onstar.com

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL COVIDIEN MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY . ALL IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. APPLE DISCLAIMS COVIDIEN DOES NOT WARRANT THAT THE SOFTWARE WILL NECESSARILY MEET YOUR PLANNED APPLICATIONS OR THAT IT WILL BE ERROR FREE OR THAT ALL DEFECTS CAN BE CORRECTED. Limitation of Liability IN NO EVENT WILL COVIDIEN BE LIABLE TO YOU OR ANY AND ALL OTHER PARTY FOR ANY DAMAGES ARISING FROM PERFORMANCE OR NON-PERFORMANCE OF, OR INABILITY TO USE, THE SOFTWARE, OR ANY LOST PROFITS, LOST SAVINGS, LOSS OF RECORDS OR DATA, REPROCUREMENT COSTS, OR OTHER EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF COVIDIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY. COVIDIEN'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES TO YOU FOR ANY CAUSE OR CAUSES WHATSOEVER, REGARDLESS OF THE ACTSFORM OF ACTION, OMISSIONS AND CONDUCT OF WHETHER IN CONTRACT OR IN TORT (INCLUDING CLAIMS BASED ON NEGLIGENCE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR LICENSE FOR THE SOFTWARE. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, YOU SHALL NOT BE PRECLUDED OR LIMITED BY THIS SECTION IN BRINGING ANY CLAIMS AGAINST COVIDIEN FOR CONTRIBUTION OR THE LIKE WITH RESPECT TO CLAIMS ASSERTED BY THIRD PARTIES IN CONNECTION WITH ARISING FROM DEATH OR RELATED INJURY ALLEGED TO YOUR USE OF HAVE BEEN CAUSED BY THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 2 contracts

Samples: www.medtronic.com, asiapac.medtronic.com

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEAPPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICEAPPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. LICENSOR MAY CHANGE OR DISCONTINUE ANY INFORMATION OBTAINED THEREONASPECT OR FEATURE OF THE APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE APPLICATION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR SOLE ONLY RIGHT OR REMEDY AGAINST APPLE FOR WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE APPLICATION IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART UNINSTALL AND CEASE USE OF THE BARGAIN BETWEEN APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PARTIESAPPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREIMPLIED WARRANTIES.

Appears in 2 contracts

Samples: End User Licence Agreement, End User Licence Agreement

No Warranty. APPLE YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUHEAT AND ITS AFFILIATESPARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSMANDATARIES, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES NUHEAT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEANY KIND, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED OR ARISING FROM STATUTE, INCLUDING ANY WARRANTIES COURSE OF ACCURACYDEALING, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT USAGE OF ANY THIRD PARTIES IN CONNECTION WITH TRADE OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEOTHERWISE, INCLUDING, BUT BUT, NOT LIMITED TO, ANY INFORMATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NUHEAT PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART FROM USE OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE SOFTWARE WILL BE ACCURATE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSRELIABLE, OR CORRECTIONS, OR TO NOTIFY YOU OF (iv) THE SOFTWARE DOES NOT INFRINGE ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Appears in 2 contracts

Samples: Nuheat Android End User License Agreement, Nuheat Ios End User License Agreement

No Warranty. APPLE AND THE ACQUIRED PROPERTY IS LEASED BY LESSOR "AS IS" IN THEIR PRESENT OR THEN CONDITION, AS THE CASE MAY BE, SUBJECT TO (i) ANY RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (ii) THE STATE OF TITLE THERETO EXISTING AT THE TIME LESSOR ACQUIRES ITS AFFILIATESINTEREST IN THE ACQUIRED PROPERTY, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS(iii) ANY STATE OF FACT WHICH AN ACCURATE PHYSICAL INSPECTION MIGHT SHOW, AND LICENSORS LESSEE CONFIRMS THAT ITS EXECUTION AND DELIVERY OF THE ACCEPTANCE CERTIFICATE SHALL CONSTITUTE ITS CERTIFICATION THAT IT HAS INSPECTED AND ACCEPTS, AS BETWEEN LESSOR AND LESSEE, EACH UNIT WHICH IS THE SUBJECT MATTER THEREOF, (COLLECTIVELYiv) ALL APPLICABLE LAWS AND REGULATIONS, “APPLE” FOR PURPOSES AND (v) ANY VIOLATIONS OF THIS SECTION 13 APPLICABLE LAWS AND 14REGULATIONS WHICH MAY EXIST AT THE COMMENCEMENT OF THE LEASE TERM. LESSEE ACKNOWLEDGES AND AGREES THAT (a) DO NOT PROMISE EACH UNIT IS OF A SIZE, DESIGN, CAPACITY AND CONSTRUCTION SELECTED BY LESSEE, (b) LESSEE IS SATISFIED THAT THE SITESAME IS SUITABLE FOR ITS PURPOSES, CONTENT(c) NEITHER LESSOR NOR AGENT NOR ANY PARTICIPANT IS A MANUFACTURER THEREOF OR A DEALER IN PROPERTY OF SUCH KIND, SERVICES (INCLUDINGd) NEITHER LESSOR NOR AGENT NOR ANY PARTICIPANT SHALL BE LIABLE FOR ANY LATENT, FUNCTIONALITY HIDDEN OR FEATURES OF THE FOREGOING), LABS, DTS SERVICESPATENT DEFECT IN ANY UNIT, OR THE FAILURE OF ANY UNIT TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS AND (e) NEITHER LESSOR NOR AGENT NOR ANY PARTICIPANT HAS MADE, OR does OR WILL MAKE, (i) ANY REPRESENTATION OR WARRANTY OR COVENANT, WITH RESPECT TO THE TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, QUALITY, DESCRIPTION, DURABILITY OR SUITABILITY OF ANY SUCH UNIT IN ANY RESPECT OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE OR (ii) ANY OTHER INFORMATION REPRESENTATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESWARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY WARRANTIES OF ACCURACYACQUIRED PROPERTY, NON- INFRINGEMENTIT BEING AGREED THAT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. SUBJECT TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARETERMS OF THIS LEASE, HARDWARE OR ALL RISKS, AS BETWEEN LESSOR, ON THE ONE HAND, AND LESSEE, ON THE OTHER PRODUCTSHAND, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERSHALL BE BORNE BY LESSEE. Lessor assigns to Lessee, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESto the extent assignable, ENHANCEMENTSall of its interest, OR CORRECTIONSif any, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKEin any warranties, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREcovenants and representations of any manufacturer or vendor of any Unit; provided that such assignment shall be effective only when no Lease Event of Default has occurred and is continuing; and provided, further, that any action taken by Lessee by reason thereof shall be at the expense of Lessee and shall be consistent with Lessee's obligations pursuant to this Lease.

Appears in 2 contracts

Samples: Ferrellgas Partners Finance Corp, Ferrellgas Partners Finance Corp

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT, SUBSIDIARIESTO THE EXTENT PERMITTED BY APPLICABLE LAW, OFFICERSUSE OF THE GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, DIRECTORSPERFORMANCE, EMPLOYEESACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTSTHE GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, PARTNERSWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GUARDRAIL AND GUARDRAIL'S LICENSORS (COLLECTIVELY, “APPLE” COLLECTIVELY REFERRED TO AS GUARDRAIL FOR THE PURPOSES OF THIS SECTION 13 SECTIONS 6 AND 147) DO NOT PROMISE THAT HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES, EITHER EXPRESS, IMPLIED OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING ANY WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTSATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DISCLAIMS ANY GUARDRAIL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GUARDRAIL SOFTWARE AND ALL LIABILITY FOR GUARDRAIL SERVICES, THAT THE ACTSGUARDRAIL SOFTWARE AND GUARDRAIL SERVICES WILL MEET YOUR REQUIREMENTS, OMISSIONS THAT THE OPERATION OF THE GUARDRAIL SOFTWARE AND CONDUCT GUARDRAIL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES WILL BE CORRECTED, OR THAT THE GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES WILL BE COMPATIBLE WITH FUTURE GUARDRAIL PRODUCTS OR SOFTWARE. INSTALLATION OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR THIS GUARDRAIL SOFTWARE AND USE OF THE SERVICEGUARDRAIL SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER GUARDRAIL PRODUCTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FURTHER ACKNOWLEDGE THAT THE GUARDRAIL SOFTWARE AND ALL RISKS GUARDRAIL SERVICES ARE NOT INTENDED OR SUITABLE FOR YOUR USE OF IN SITUATIONS OR ENVIRONMENTS WHERE THE SERVICEFAILURE OR TIME DELAYS OF, INCLUDINGOR ERRORS OR INACCURACIES IN THE CONTENT, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES DATA OR INFORMATION RELATED THERETO AVAILABLE PROVIDED BY, THE GUARDRAIL SOFTWARE OR GUARDRAIL SERVICES COULD LEAD TO YOU AS AN APPLE DEVELOPERDEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUARDRAIL OR A GUARDRAIL AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD THE GUARDRAIL SOFTWARE AND GUARDRAIL SERVICES PROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: s3.amazonaws.com, s3.amazonaws.com

No Warranty. APPLE CATERPILLAR AND ITS AFFILIATES, SUBSIDIARIESAND EACH OF THEIR RESPECTIVE LICENSORS, OFFICERSSERVICE PROVIDERS, DIRECTORSSUPPLIERS, EMPLOYEESSUBCONTRACTORS AND DISTRIBUTORS (THE "CATERPILLAR PARTIES") PROVIDE NO WARRANTIES OR CONDITIONS, AGENTSWHETHER EXPRESS, PARTNERSIMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES AND LICENSORS (COLLECTIVELYCONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, “APPLE” FOR PURPOSES NONE OF THIS SECTION 13 AND 14) DO NOT PROMISE THE CATERPILLAR PARTIES PROVIDE ANY WARRANTY THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE MOBILE APPLICATION WILL BE FREE FROM ERRORS OR INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE) OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE MOBILE APPLICATION DOCUMENTATION. THE CATERPILLAR PARTIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR ACCESS OR USE OF VIRUSESTHE MOBILE APPLICATION. YOU AGREE THAT YOUR ACCESS OR USE OF THE MOBILE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR INFORMATION SYSTEMS OR ASSETS OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, CONTAMINATION SO THE EXCLUSIONS OR DESTRUCTIVE FEATURESLIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU. FURTHERNOTWITHSTANDING YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE MOBILE APPLICATION (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, APPLE MAINTENANCE OR PERFORMANCE STATUS OF THE REGISTERED ASSETS, IF ANY, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE REGISTERED ASSETS. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE NOT INTENDED TO APPLY TO: (A) DEATH OR BODILY INJURY TO THE EXTENT DIRECTLY CAUSED BY A CATERPILLAR PARTY’S GROSS NEGLIGENCE; OR (B) FRAUD OR WILLFUL MISCONDUCT. THE MOBILE APPLICATION IS NOT INTENDED TO PROVIDE ANY EMERGENCY, MISSION CRITICAL OR SAFETY RELATED FUNCTIONALITY AND YOU SHALL NOT USE THE MOBILE APPLICATION IN THAT MANNER. CATERPILLAR DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT ACCURACY OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF RESULTS THAT YOU MAY OBTAIN FROM THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREMOBILE APPLICATION.

Appears in 2 contracts

Samples: License Agreement, License Agreement

No Warranty. APPLE This NAVTECH Data is provided to you “as is,” and you agree to use it at your own risk. NAVTECH and its licensors (and their licensors and suppliers) make no guaran- tees, representations or warranties of any kind, express or implied, arising by law or other- wise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the NAVTECH Data. Disclaimer of Warranty: NAVTECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 INCLUDING THEIR LICEN- SORS AND 14SUPPLIERS) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR DISCLAIM ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACYQUALITY, NON- INFRINGEMENTPERFORMANCE, MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. APPLE DISCLAIMS ANY Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. Disclaimer of Liability: NAVTECH AND ALL LIABILITY FOR THE ACTS, OMISSIONS ITS LICENSORS (INCLUDING THEIR LICEN- SORS AND CONDUCT SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY THIRD PARTIES IN CONNECTION WITH CLAIM, DEMAND OR RELATED TO ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAM- AGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSES- SION OF THE NAVTECH DATA; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE NAVTECH DATA, ANY DEFECT IN THE NAVTECH DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NAVTECH OR ITS LICENSORS HAVE BEEN ADVISED OF THE SERVICEPOSSIBILITY OF SUCH DAMAGES. Some States, INCLUDINGTerritories and Countries do not allow certain liability exclusions or damages limitations, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREso to that extent the above may not apply to you.

Appears in 2 contracts

Samples: Legal Agreement, A Legal Agreement

No Warranty. APPLE AND ITS AFFILIATESXXXXXXXXXX.XXX MAKES NO WARRANTIES OF ANY KIND, SUBSIDIARIESINCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM, OFFICERSTHE SFDC SERVICE, DIRECTORSAND/OR THE RESELLER APPLICATION, EMPLOYEESWHETHER EXPRESS, AGENTSIMPLIED, PARTNERSSTATUTORY OR OTHERWISE. XXXXXXXXXX.XXX MAKES NO REPRESENTATION, AND LICENSORS (COLLECTIVELYWARRANTY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT OR GUARANTY AS TO THE SITERELIABILITY, CONTENTTIMELINESS, SERVICES (INCLUDINGQUALITY, FUNCTIONALITY SUITABILITY, AVAILABILITY, ACCURACY OR FEATURES COMPLETENESS OF THE FOREGOING)RESELLER APPLICATION. XXXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT (A) THE RESELLER APPLICATION WILL BE AVAILABLE, LABSSECURE, DTS SERVICESTIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH THE XXXXXXXXXX.XXX SERVICE OR ANY OTHER INFORMATION APPLICATION, SOFTWARE, HARDWARE, SYSTEM OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER DATA, (COLLECTIVELYB) THE RESELLER APPLICATION, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14PLATFORM OR THE SFDC SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA STORED USING THE RESELLER APPLICATION WILL BE ACCURATE, RELIABLE, TIMELY, OR SECURE, ERROR- FREE (D) ERRORS OR UNINTERRUPTEDDEFECTS IN THE RESELLER APPLICATION, THE PLATFORM, OR THAT ANY DEFECTS THE SFDC SERVICE WILL BE CORRECTED, OR (E) THE RESELLER APPLICATION OR THE SYSTEMS USED BY RESELLER TO MAKE RESELLER APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM AND THE SFDC SERVICE IS PROVIDED STRICTLY ON AN “AS-"AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXXXXXX.XXX DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND “AS- AVAILABLE” BASIS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO RESELLER APPLICATION AND THE SERVICE IS SUBJECT TO CHANGE SERVICE, INCLUDING, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT LIMITATION, ANY CONTENT (INCLUDING FILESIMPLIED WARRANTY OF MERCHANTABILITY, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU NON- INFRINGEMENT OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIRD PARTY RIGHTS.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES YOUR USE OF THE FOREGOING)APP, LABS, DTS SERVICES, SITE OR PHONE ARE AT YOUR SOLE RISK. ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, DATA WITHIN THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL APP OR SITE MAY NOT BE ACCURATE. SAY SOMETHING APP, RELIABLE, TIMELY, SECURE, ERROR- FREE SITE AND PHONE ARE PROVIDED ‘AS IS’ AND WE AND OUR TECHNOLOGY AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR UNINTERRUPTED, OR THAT WARRANTIES OF ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND, EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY SHPF AND ALL LIABILITY FOR OUR TECHNOLOGY AND SERVICE PROVIDERS DO NOT WARRANT THAT THE ACTSAPP, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH SITE OR RELATED TO YOUR PHONE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM DEFECTS OR ERRORS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICEAPP, SITE OR PHONE WILL BE ACCURATE OR RELIABLE. ANY RELIANCE YOU ASSUME TOTAL RESPONSIBILITY PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. BY DOWNLOADING THE APP AND/OR ACCESSING THE SITE OR PHONE YOU EXPRESSLY AGREE TO HOLD SHPF AND ALL RISKS FOR YOUR USE OF THE SERVICEITS TECHNOLOGY AND SERVICE PROVIDERS HARMLESS FROM ANY LOSS, INCLUDINGHARM, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSINJURY, OR CORRECTIONSDAMAGE WHATSOEVER ARISING FROM OR ARISING OUT OF YOUR USE. THE APP, SITE AND PHONE ARE PROVIDED FOR CONVENIENCE ONLY, AND SHPF AND ITS TECHNOLOGY AND SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY THAT ANY ACTION WILL BE TAKEN IN RESPONSE TO NOTIFY YOU OF ANY PRODUCT TIPS SUBMITTED OR SERVICES CHANGES THAT APPLE MAY MAKE, ANY ACTIONS UNDERTAKEN WILL BE ABLE TO ADDRESS THE SITUATION REPORTED OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT PREVENT ANY TIME IN THE FUTUREHARM.

Appears in 2 contracts

Samples: go.boarddocs.com, www.sanpasqualunion.net

No Warranty. APPLE YOU ACKNOWLEDGE AND AGREE THAT (A) THE LICENSED APPLICATION MAY CONTAIN BUGS, ERRORS AND DEFECTS; (B) DOWNLOAD, INSTALLATION, ACCESS AND USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED APPLICATION IS PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. ESCO ITS SUBSIDIARIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OTHER MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELYCONSULTANTS, “APPLE” FOR PURPOSES AND EACH OF THIS SECTION 13 THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER EMPLOYEES (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14ESCO PARTIES”) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTEDDISCLAIM ALL WARRANTIES (EXPRESS. LEGAL, OR THAT IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILESIMPLIED WARRANTY OF MERCHANTABILITY, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESQUALITY, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. APPLE DISCLAIMS EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED BY LAW, ESCO PARTIES SHALL HAVE NO LIABILITY OF ANY AND ALL LIABILITY KIND FOR THE ACTSUSE OF, OMISSIONS AND CONDUCT OR INABILITY TO USE, THE LICENSED APPLICATION OR FOR ANY LOSS OF ANY THIRD PARTIES IN CONNECTION WITH DATA OR RELATED OTHER LIMITATION OF ACCESS TO YOUR OR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIESDATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESCO DOES NOT WARRANT THAT APPLE MAKES THE LICENSED APPLICATION WILL BE DELIVERED FREE OF ANY PRE-RELEASE SOFTWAREINTERRUPTIONS, HARDWARE DELAYS, OMISSIONS OR OTHER PRODUCTSERRORS (COLLECTIVELY, SERVICES "FAULTS") OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO VERBAL OR WRITTEN INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPEROR ADVICE GIVEN BY ESCO PARTIES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION IS DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR OR CORRECTION. The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREthe exclusions set forth above may not apply to you.

Appears in 2 contracts

Samples: User License Agreement, User License Agreement

No Warranty. APPLE YOU EXPRESSLY UNDERSTAND AND ITS AFFILIATESAGREE THAT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE SOFTWARE IS PROVIDED ON AN BY MIDVISION AS-AS IS,AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESEXPRESS, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY THE IMPLIED WARRANTIES OF ACCURACYPERFORMANCE, NON- INFRINGEMENTSECURITY, MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLE WITHOUT LIMITING THE FOREGOING, MIDVISION MAKES NO WARRANTY THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIDVISION OR THROUGH OR FROM USE OF THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MIDVISION SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF WITH REGARD TO ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO ACTIONS RESULTING FROM YOUR USE OF THE SERVICESOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE. MIDVISION ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER AS A RESULT YOUR USE OF THE SERVICESOFTWARE. MIDVISION DOES NOT CONTROL, INCLUDINGENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY AMAZON OR OTHER THIRD PARTIES ACCESSIBLE THROUGH AWS. MIDVISION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AWS, BUT AND SHALL NOT LIMITED TOBE LIABLE FOR, AMAZON OR OTHER THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. MIDVISION WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF USING AWS OR A THIRD PARTY USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION IN CONNECTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE EITHER WITH OR OTHER PRODUCTSWITHOUT YOUR KNOWLEDGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SERVICES THE LIMITATION OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSEXCLUSION OF IMPLIED WARRANTIES, OR CORRECTIONSLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR SO THE ABOVE LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: d7umqicpi7263.cloudfront.net, d7umqicpi7263.cloudfront.net

No Warranty. APPLE THE INFORMATION AND ITS AFFILIATESMATERIALS CONTAINED IN THIS SITE, SUBSIDIARIESINCLUDING TEXT, OFFICERSGRAPHICS, DIRECTORSLINKS OR OTHER ITEMS ‐ ARE PROVIDED "AS IS," "AS AVAILABLE". GreenState Credit Union DOES NOT WARRANT THE ACCURACY, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES ADEQUACY OR COMPLETENESS OF THIS SECTION 13 INFORMATION AND 14) DO NOT PROMISE THAT THE SITEMATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, EXPRESSED OR STATUTORY, INCLUDING ANY BUT NOT LIMITED TO THE WARRANTIES OF ACCURACYNON‐INFRINGEMENT OF THIRD‐PARTY RIGHTS, NON- INFRINGEMENTTITLE, MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. APPLE DISCLAIMS LIMITATION OF LIABILITY IN NO EVENT WILL GreenState Credit Union BE LIABLE FOR ANY AND ALL LIABILITY FOR THE ACTSDAMAGES, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR RELATED USE THEREOF OR INABILITY TO YOUR USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF GreenState Credit Union , OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE SERVICEPOSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU ASSUME TOTAL RESPONSIBILITY HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND ALL RISKS FOR YOUR USE OF THE SERVICEOTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, INCLUDINGVERIFIED, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSMONITORED, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREENDORSED BY GreenState Credit Union.

Appears in 2 contracts

Samples: www.greenstate.org, www.greenstate.org

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, SUBSIDIARIESPERFORMANCE, OFFICERSACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECTORSTHE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, EMPLOYEES, AGENTS, PARTNERSWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSORS (COLLECTIVELYAPPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, “APPLE” FOR PURPOSES EITHER EXPRESS, IMPLIED OR STATUTORY. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THIS SECTION 13 AND 14) DO NOT PROMISE THE LICENSED APPLICATION, THAT THE SITEFUNCTIONS CONTAINED IN, CONTENTOR SERVICES PERFORMED OR PROVIDED BY, SERVICES (INCLUDINGTHE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, FUNCTIONALITY OR FEATURES THAT THE OPERATION OF THE FOREGOING), LABS, DTS SERVICES, LICENSED APPLICATION OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE UNINTERRUPTED OR UNINTERRUPTEDERROR-FREE, OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, NO ORAL OR WRITTEN INFORMATION OR OTHER DATA) YOU ACCESS ADVICE GIVEN BY APPLICATION PROVIDER OR DOWNLOAD FROM ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE WILL BE FREE OF VIRUSESLICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE COST OF ALL RISKS FOR YOUR USE OF THE SERVICENECESSARY SERVICING, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE REPAIR OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURECORRECTION.

Appears in 2 contracts

Samples: License Agreement, User License Agreement

No Warranty. APPLE AND ITS AFFILIATESTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBSIDIARIESNO WARRANTY OR REMEDY, OFFICERSWHETHER STATUTORY, DIRECTORSWRITTEN, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESORAL, EXPRESS OR IMPLIED, INCLUDING ANY WITHOUT LIMITATION WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY UNDER THIS AGREEMENT. APPLE DISCLAIMS SELLER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ELECTRIC ENERGY TO BE PRODUCED BY THE SYSTEM FOR ANY HOURLY, DAILY, MONTHLY, ANNUAL OR OTHER PERIOD OF TIME. PURCHASER SHALL BE RESPONSIBLE FOR OBTAINING ALL OF ITS REQUIREMENTS FOR ELECTRIC ENERGY IN EXCESS OF THE AMOUNTS PRODUCED BY THE SYSTEM AND ALL PAY FOR SUCH SERVICE PURSUANT TO CONTRACTS WITH OR APPLICABLE TARIFFS OF THE UTILITY. SELLER SHALL HAVE NO OBLIGATION TO OBTAIN OR PAY FOR SUCH SUPPLEMENTAL OR BACK-UP ELECTRICITY. THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL BE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM OR LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT ARISING OUT OF ANY THIRD PARTIES OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR RELATED TO YOUR USE OF OTHERWISE. THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY PARTIES HEREBY ACKNOWLEDGE AND ALL RISKS FOR YOUR USE OF THE SERVICEAGREE THAT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREREQUIRED BY APPLICABLE LAW, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU THE DISCLAIMERS CONTAINED IN THIS AGREEMENT ARE “CONSPICUOUS” FOR THE PURPOSES OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURESUCH APPLICABLE LAW.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, SUBSIDIARIESPERFORMANCE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSACCURACY, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT EFFORT IS WITH YOU. TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE MVDNOW HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EXPRESS OR EITHER EXPRESS, IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD- PARTY RIGHTS. MVDNOW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE THAT THE FUNCTIONS CONTAINED IN OR OTHER PRODUCTSSERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPEROR ADVICE GIVEN BY MVDNOW OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR, OR CORRECTIONSCORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, OR SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: Mvdnow End User License Agreement, Mvdnow End User License Agreement

No Warranty. APPLE THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT THAT THOSE LAWS APPLY, THE EXCLUSIONS SET FORTH BELOW AND ITS AFFILIATESIN THIS SSA MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUBSIDIARIESOR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, OFFICERSLIMITED OR WAIVED, DIRECTORSYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) THE LICENSED SERVICES AND CONTENT MAY CONTAIN BUGS, EMPLOYEES, AGENTS, PARTNERSERRORS, AND LICENSORS DEFECTS; (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14B) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES USE OF THE FOREGOING)LICENSED SERVICES AND CONTENT IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, LABSPERFORMANCE, DTS ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (EXPRESS, LEGAL, OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED SERVICES, THE CONTENT AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTY OF MERCHANTABILITY, INCLUDING ANY WARRANTIES OF ACCURACYQUALITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. APPLE DISCLAIMS EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED BY LAW, FLUKE SHALL HAVE NO LIABILITY OF ANY AND ALL LIABILITY KIND FOR THE ACTSUSE OF, OMISSIONS AND CONDUCT OR INABILITY TO USE, THE LICENSED SERVICES OR ANY SERVICE THAT THE LICENSED SERVICES IS INTENDED TO ACCESS OR FOR ANY LOSS, CORRUPTION OR OTHER LIMITATION OF ANY THIRD PARTIES IN CONNECTION WITH ACCESS TO OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIESDATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (EXPRESS, LEGAL, OR IMPLIED AND ARISING BY LAW OR OTHERWISE) THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, THE LICENSED SERVICES OR CONTENT WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO VERBAL OR WRITTEN INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPEROR ADVICE GIVEN BY FLUKE OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE LICENSED SERVICES OR CONTENT PROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR, OR CORRECTIONSCORRECTION. HOWEVER, TO THE EXTENT THE LAWS OF SOME STATES OR TO NOTIFY YOU JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IMPLIED WARRANTIES IN THE FUTUREEVENT THAT THE SERVICES PROVE DEFECTIVE, BUT DO PERMIT FLUKE TO LIMIT THE CONSEQUENCES OF SUCH WARRANTIES, FLUKE LIMITS ITS LIABILITY TO THE REPAIR OR REPLACEMENT OR THE RESUPPLY, AT ITS ELECTION, OF SUCH GOODS OR SERVICES.

Appears in 2 contracts

Samples: Software and Services Agreement, Software and Services Agreement

No Warranty. APPLE YOU ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITEXXXXXX CONTROL CENTRE SERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR: (I) ANY INFORMATION OBTAINED THEREON. INTERRUPTIONS OR DISRUPTIONS OF THE XXXXXX CONTROL CENTRE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE XXXXXX CONTROL CENTRE SERVICES, THE XXXXXX WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF YOU OR YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF RELIEF IS A ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIESXXXXXX CONTROL CENTRE SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE XXXXXX CONTROL CENTRE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE XXXXXX CONTROL CENTRE SERVICES. FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR YOUR CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE DATA OR OTHER PRODUCTS, SERVICES FILES SENT BY OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER(WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME.

Appears in 2 contracts

Samples: assets.ctfassets.net, assets.ctfassets.net

No Warranty. APPLE No Warranty. YOU ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR: (I) ANY INFORMATION OBTAINED THEREON. INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY YOU WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF YOU OR YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF RELIEF IS A ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIESSERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES. FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR YOUR CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE DATA OR OTHER PRODUCTS, SERVICES FILES SENT BY OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER(WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME.

Appears in 2 contracts

Samples: assets.ctfassets.net, assets.ctfassets.net

No Warranty. APPLE THE EQUIPMENT IS USED AND ITS AFFILIATESIS SOLD "AS IS", SUBSIDIARIESWITH ALL FAULTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DEFECTS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITHOUT ANY WARRANTY OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDKIND. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST APPLE ALL SOFTWARE, IF ANY, IS SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED ON SOFTWARE, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR DISSATISFACTION WITH A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE SERVICE IS TO STOP USING FUNCTIONS CONTAINED IN THE SERVICE. THIS LIMITATION OF RELIEF IS A PART SOFTWARE WILL MEET BUYER’S REQUIREMENTS, OR THAT THE OPERATION OF THE BARGAIN BETWEEN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PARTIESSCOPE OF THIS WARRANTY. BUYER ACCEPTS THE RISKS OF USE AND EXCEPT AS OTHERWISE STATED HEREIN SUCH RISKS FALL SOLELY ON BUYER. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT SELLER DOES NOT WARRANT THAT THE EQUIPMENT OR SOFTWARE IS FREE OF CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT BY ANY THIRD PARTY. SELLER HEREBY DISCLAIMS ANY SUCH WARRANTY OR INDEMNIFICATION AGAINST INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREPATENT, HARDWARE TRADEMARK, COPYRIGHT OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETRADE SECRET INFRINGEMENT.

Appears in 2 contracts

Samples: Letter Agreement, Letter Agreement

No Warranty. APPLE THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS“AS AVAILABLE” BASIS WITHOUT WARRANTY, AND LICENSORS (COLLECTIVELYORACLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, “APPLE” FOR PURPOSES OF THIS SECTION 13 WARRANTIES, GUARANTEES, AND 14) DO NOT PROMISE THAT CONDITIONS WITH REGARD TO THE SITESERVICE AND THE TRIAL ACCOUNT AND ANY THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICESWITHIN, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYIN CONJUNCTION WITH YOUR USE OF, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14SERVICES. ORACLE DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS ORACLE WILL CORRECT ALL SERVICES ERRORS, OR (B) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICELIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. APPLE CANNOT ENSURE THAT ORACLE IS NOT RESPONSIBLE FOR ANY CONTENT (INCLUDING FILESDELAYS, INFORMATION DELIVERY FAILURES, OR OTHER DATA) YOU ACCESS DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART SECURITY OF THE SERVICE SERVICES. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESOTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING ANY WARRANTIES OF ACCURACYFOR SOFTWARE, NON- INFRINGEMENTHARDWARE, MERCHANTABILITY SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

No Warranty. APPLE AND THE ITEMS OF EQUIPMENT ARE LEASED BY LESSEE “AS IS” IN THEIR PRESENT OR THEN CONDITION, AS THE CASE MAY BE, SUBJECT TO (i) ANY RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (ii) THE STATE OF TITLE THERETO EXISTING AT THE TIME LESSOR ACQUIRES ITS AFFILIATESINTEREST IN THE ITEMS OF EQUIPMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS(iii) ANY STATE OF FACT WHICH AN ACCURATE PHYSICAL INSPECTION MIGHT SHOW, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES LESSEE CONFIRMS THAT ITS EXECUTION AND DELIVERY OF THIS SECTION 13 LEASE SHALL CONSTITUTE ITS CERTIFICATION THAT IT HAS INSPECTED AND 14ACCEPTS, AS BETWEEN LESSOR AND LESSEE, EACH ITEM OF EQUIPMENT WHICH IS THE SUBJECT MATTER HEREOF, (iv) DO NOT PROMISE ALL APPLICABLE LAWS AND REGULATIONS, AND (v) ANY VIOLATIONS OF APPLICABLE LAWS AND REGULATIONS WHICH MAY EXIST ON THE DELIVERY DATE (OTHER THAN BY LESSOR). LESSEE ACKNOWLEDGES AND AGREES THAT (a) EACH ITEM OF EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY AND MANUFACTURE SELECTED BY LESSEE, (b) LESSEE IS SATISFIED THAT THE SITESAME IS SUITABLE FOR ITS PURPOSES, CONTENT(c) NEITHER LESSOR NOR AGENT IS A MANUFACTURER THEREOF OR A DEALER IN PROPERTY OF SUCH KIND, SERVICES (INCLUDINGd) NEITHER LESSOR NOR AGENT SHALL BE LIABLE FOR ANY LATENT, FUNCTIONALITY HIDDEN OR FEATURES PATENT DEFECT IN ANY ITEM OF THE FOREGOING), LABS, DTS SERVICESEQUIPMENT, OR THE FAILURE OF ANY ITEM OF EQUIPMENT TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS AND (e) NEITHER LESSOR NOR AGENT HAS MADE, OR DOES OR WILL MAKE, (i) ANY REPRESENTATION OR WARRANTY OR COVENANT, WITH RESPECT TO THE TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, OPERATION, CONDITION, QUALITY, DESCRIPTION, DURABILITY OR SUITABILITY OF ANY SUCH ITEM OF EQUIPMENT IN ANY RESPECT OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE OR (ii) ANY OTHER INFORMATION REPRESENTATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESWARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY WARRANTIES ITEM OF ACCURACYEQUIPMENT, NON- INFRINGEMENTIT BEING AGREED THAT ALL RISKS, MERCHANTABILITY AS BETWEEN LESSOR OR AGENT, ON THE ONE HAND, AND FITNESS FOR A PARTICULAR PURPOSELESSEE ON THE OTHER HAND, SHALL BE BORNE BY LESSEE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTSLessor assigns to Lessee, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEto the extent assignable, all of its interest, if any, in any warranties, covenants and representations of any Manufacturer or vendor of any Item of Equipment; provided, that if a Lease Event of Default has occurred and is continuing, Lessor may revoke such assignment in whole or in part by providing notice of such revocation to Lessee; and provided, further, that any action taken by Lessee by reason thereof shall be at the expense of Lessee and shall be consistent with Lessee’s obligations pursuant to this Lease. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICELessor and Agent acknowledge and agree that, INCLUDINGat Lessee’s expense, BUT NOT LIMITED TOLessor and Agent shall cooperate with Lessee with respect to any claim of Lessee against any Manufacturer and Lessor and Agent further agree that, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREin the event any such warranties, HARDWARE OR OTHER PRODUCTScovenants and representations are not assignable by Lessor to Lessee, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERLessor and/or Agent shall, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESat the direction and expense of Lessee, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREact on behalf of Lessee in pursuing any such claim.

Appears in 2 contracts

Samples: Lease and Security Agreement (Lsi Logic Corp), Lease and Security Agreement (Lsi Logic Corp)

No Warranty. APPLE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS AFFILIATESCONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBSIDIARIESWITHOUT ANY WARRANTIES OF ANY KIND, OFFICERSEITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, DIRECTORSSECURITY, EMPLOYEESRELIABILITY, AGENTSQUALITY, PARTNERSACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITEWEBSITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, ITS CONTENT OR ANY OTHER INFORMATION SERVICES OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, ITEMS OBTAINED THROUGH THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WEBSITES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE COMPANY HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE ACTSDURATION OF IMPLIED WARRANTIES, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDINGTHEIR ENTIRETIES, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. WILL APPLY TO THE MAXIMUM EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: ignite.info, assets.website-files.com

No Warranty. APPLE EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS AND ITS AFFILIATESNEITHER PARTY EXTENDS ANY WARRANTIES OF ANY KIND, SUBSIDIARIESEITHER EXPRESS, OFFICERSIMPLIED, DIRECTORSSTATUTORY OR OTHERWISE, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITH RESPECT TO THE SUBJECT MATTER OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT AGREEMENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDLICENSED PRODUCT), INCLUDING ANY WARRANTIES WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTNONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. APPLE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AVEO MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF THE AVEO PATENT RIGHTS OR AVEO KNOW HOW, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING OR NOT INFRINGING THE AVEO PATENT RIGHTS OR AVEO KNOW-HOW COVERED BY THIS AGREEMENT. COBI DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND ALL LIABILITY FOR THE ACTSCOMMERCIALIZATION OF LICENSED PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TOIF COMMERCIALIZED, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPARTICULAR SALES LEVEL WILL BE ACHIEVED.

Appears in 2 contracts

Samples: Research and License Agreement (Aveo Pharmaceuticals Inc), Research and License Agreement (Aveo Pharmaceuticals Inc)

No Warranty. APPLE YOU ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR: (I) ANY INFORMATION OBTAINED THEREON. INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY YOU WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE XXXXXX WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF YOU OR YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF RELIEF IS A ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. TO SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREDEVICES, HARDWARE OR OTHER PRODUCTSROGERS EQUIPMENT, THE SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME DESCRIBED IN THE FUTURE.AGREEMENT; OR

Appears in 2 contracts

Samples: assets.ctfassets.net, assets.ctfassets.net

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEENTIRE RISK AS TO SATISFACTORY QUALITY, CONTENTPERFORMANCE, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF ACCURACY AND EFFORT IS WITH YOU. TO THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE PROVO CRAFT HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROVO CRAFT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE THAT THE FUNCTIONS CONTAINED IN, OR OTHER PRODUCTSSERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPEROR ADVICE GIVEN BY PROVO CRAFT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

No Warranty. APPLE THE SOFTWARE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT ANY SERVICES PERFORMED OR PROVIDED BY THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS SOFTWARE ARE PROVIDED ON AN “AS-"AS IS", "WHERE IS" AND “AS- "WHERE AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE " BASIS, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACYANY KIND, NON- INFRINGEMENTWHETHER EXPRESS, MERCHANTABILITY IMPLIED OR STATUTORY. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY AND ALL LIABILITY FOR SERVICES PERFORMED OR PROVIDED BY THE ACTSSOFTWARE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH WHETHER EXPRESS, IMPLIED OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET EN]OYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURERISK.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE ALL INFORMATION AND ITS AFFILIATESOTHER MATERIALS DISTRIBUTED, SUBSIDIARIESPROVIDED OR UTILIZED BY NEUGROUP AND BY MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SPONSORS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN PARTICIPANTS ARE “AS-IS” AND “AS- AVAILABLE” BASIS AND INTENDED TO PROVIDE MEMBERS WITH USEFUL INSIGHT ON THE SERVICE IS SUBJECT MATTERS THAT ARE IMPORTANT TO CHANGE WITHOUT NOTICEMEMBERS. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILESHOWEVER, INFORMATION NEUGROUP PROVIDES NO WARRANTY WITH RESPECT TO THE ACCURACY OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART RELIABILITY OF THE SERVICE INFORMATION AND APPLE DISCLAIMS OTHER MATERIALS DISTRIBUTED, PROVIDED OR UTILIZED BY NEUGROUP AND BY MEMBERS, SPONSORS AND OTHER PARTICIPANTS AND THEREFORE SUCH INFORMATION AND OTHER MATERIALS SHOULD NOT BE CONSIDERED AUTHORITATIVE OR ACTED UPON WITHOUT PROPER VETTING AND CONSULTATION WITH RELEVANT EXPERTS. Limitation of Liability. IN NO EVENT WILL EITHER NEUGROUP OR ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESMEMBER BE LIABLE TO EACH OTHER OR ANY OTHER MEMBER OR THIRD PARTY UNDER THIS AGREEMENT FOR LOST PROFITS, EXPRESS LOST REVENUE, LOST SALES, LOSS OF USE, LOSS OF DATA OR IMPLIEDANY INCIDENTAL, INCLUDING ANY WARRANTIES OF ACCURACYCONSEQUENTIAL, NON- INFRINGEMENTDIRECT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTSINDIRECT, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH PUNITIVE, OR RELATED TO YOUR USE SPECIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE POSSIBILITY OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE SUCH LOSSES OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREDAMAGES.

Appears in 1 contract

Samples: Neugroup Membership Agreement

No Warranty. APPLE EXCEPT FOR SELLER’S EXPRESS REPRESENTATIONS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSWARRANTIES CONTAINED IN SECTION 4 ABOVE, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES SELLER’S SPECIAL WARRANTY OF THIS SECTION 13 TITLE IN THE ASSIGNMENT AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYSPECIAL WARRANTY DEED, THE “SERVICE” FOR PURPOSES PROPERTIES ARE BEING CONVEYED BY SELLER TO BUYER WITHOUT WARRANTY OF THIS SECTION 13 AND 14) WILL BE ACCURATEANY KIND, RELIABLEEXPRESS, TIMELYIMPLIED, SECURESTATUTORY, ERROR- FREE AT COMMON LAW OR UNINTERRUPTEDOTHERWISE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT PARTIES HEREBY EXPRESSLY DISCLAIM, WAIVE AND RELEASE ANY CONTENT (INCLUDING FILESWARRANTY OF MERCHANTABILITY, INFORMATION CONDITION, SAFETY OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS , AND BUYER ACCEPTS THE PROPERTIES “AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT RECOURSE.” EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE ASSIGNMENT, (i) ALL INFORMATION CONCERNING ANY DESCRIPTIONS OF THE PROPERTIES HERETOFORE OR HEREAFTER FURNISHED TO BUYER BY SELLER INDEMNITEES HAVE BEEN AND ALL LIABILITY SHALL BE FURNISHED SOLELY FOR THE ACTSBUYER’S CONVENIENCE, OMISSIONS AND CONDUCT HAVE NOT CONSTITUTED AND SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY OF ANY THIRD PARTIES IN CONNECTION WITH KIND BY SELLER INDEMNITEES AND (ii) SELLER AND SELLER INDEMNITEES SHALL HAVE NO LIABILITY TO BUYER AND BUYER INDEMNITEES FOR ANY CLAIMS CAUSED OR RELATED ALLEGED TO YOUR USE BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY, BY SUCH INFORMATION CONCERNING ANY DESCRIPTIONS OF THE SERVICEPROPERTIES, BY ANY INADEQUACY THEREOF OR THEREWITH, ARISING IN STRICT LIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY THE PARTIES HEREBY ACKNOWLEDGE AND ALL RISKS FOR YOUR USE OF THE SERVICEAGREE THAT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREREQUIRED BY LAW AND ENVIRONMENTAL LAW, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU THE DISCLAIMERS CONTAINED IN THIS SECTION 12 ARE “CONSPICUOUS” FOR THE PURPOSES OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURESUCH LAW AND ENVIRONMENTAL LAW.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Abraxas Petroleum Corp)

No Warranty. APPLE OUR SERVICES ARE PROVIDED AS IS AND ITS AFFILIATESAS AVAILABLE ON THE BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, SUBSIDIARIESWHETHER EXPRESS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICESIMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, RULES OR REGULATIONS, WE SPECIFICALLY DISCLAIM ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACYTITLE, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPLE DISCLAIMS WE MAKE NO REPRESENTATION OR WARRANTY THAT ACCESS TO ANY AND ALL LIABILITY PART OF OUR SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. THE OPERATION OF OUR PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE ACTSVIRTUAL CURRENCY OR MARKET OF DIGITAL TOKENS AND WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACTUAL OR PERCEIVED VALUE OF CRYPTO-ASSETS OR DIGITAL TOKENS AS DENOMINATED IN ANY CURRENCY QUOTED. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA ON THE PRICE OF CRYPTO-ASSETS OR DIGITAL TOKENS, OMISSIONS AND CONDUCT OF WE MAKE NO REPRESENTATION REGARDING THE QUALITY, SUITABILITY, TRUTHFULNESS, USE, ACCURACY, OR YOUR CARE FOR SUCH DATA FOR ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEREASON. YOU ASSUME TOTAL RESPONSIBILITY UNDERSTAND AND ALL RISKS AGREE THAT THE VALUE OF DIGITAL CURRENCIES MAY BE VOLATILE, AND WE ARE IN NO WAY RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR IN MAINTAINING, BUYING, SELLING OR EXCHANGING VIRTUAL CURRENCIES, OR YOUR USE OF THE SERVICEDIGITAL ASSETS. SERVICES ARE DELAYED, INCLUDINGSUSPENDED OR INTERRUPTED FOR ANY REASON. IN ADDITION, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREQUALITY, HARDWARE ADEQUACY, TRUTH, USE, ACCURACY, OR OTHER PRODUCTS, COMPLETENESS OF OUR SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREMATERIALS CONTAINED HEREIN.

Appears in 1 contract

Samples: zelts.io

No Warranty. APPLE AND ITS AFFILIATESTHIS AGREEMENT IS MADE WITHOUT ANY WARRANTY WHATSOEVER, SUBSIDIARIESEXPRESS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS STATUTORY OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACYAS TO TITLE, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS PURPOSE AS TO ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH PROPERTIES OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEPROSPECTS COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOTO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY MOXY HEREUNDER, OR ANY INFORMATION OBTAINED THEREONOTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST MOXY WHATSOEVER WITH RESPECT TO SUCH PROPERTIES AND PROSPECTS, EVEN AS TO THE RETURN OF CONSIDERATION. YOUR SOLE REMEDY MOXY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HES'S RIGHT OF INGRESS TO AND EGRESS FROM THE PROPERTIES AND PROSPECTS COVERED HEREUNDER, ACROSS, ADJACENT, OR ADJOINING LANDS. MOXY SPECIFICALLY DISCLAIMS, AND HES EXPRESSLY WAIVES ANY IMPLIED WARRANTY OF TITLE WITH RESPECT TO THE PROPERTIES AND PROSPECTS COVERED HEREUNDER. HES ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY BROUGHT TO ITS ATTENTION AND THAT IT HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER. THE PARTIES AGREE THAT FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, MOXY AND ITS AFFILIATES SHALL BE CONSIDERED AS THE SELLER HEREUNDER AND HES EXPRESSLY WAIVES ALL RIGHTS OF SUBROGATION IN WARRANTY OF THE SELLER AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS OTHER PERSONS GRANTED TO STOP USING THE SERVICEA BUYER BY APPLICABLE STATE LAW. THIS LIMITATION OF RELIEF HES ACKNOWLEDGES THAT (i) IT IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME SOPHISTICATED INVESTOR IN THE FUTUREOIL AND GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT ITS PARTICIPATION IN THIS AGREEMENT IS A HIGHLY RISKY UNDERTAKING AND THAT HES MIGHT NOT RECOVER ANY OF ITS INVESTMENT MADE HEREUNDER.

Appears in 1 contract

Samples: Participation Agreement (McMoran Exploration Co /De/)

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, SUBSIDIARIESPERFORMANCE, OFFICERSACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, THE LICENSED APPLICATION AND LICENSORS ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION OR BY OR ON BEHALF OF APPLICATION PROVIDER (COLLECTIVELY, "SERVICES") ARE PROVIDED "AS IS" AND APPLE” FOR PURPOSES AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF THIS SECTION 13 ANY KIND, AND 14) DO NOT PROMISE THAT APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF MERCHANTABLE QUALITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF DURABILITY, OF QUIET ENJOYMENT, AND OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN LICENSED APPLICATION, THAT THE PARTIESFUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR APPLICATION PROVIDER’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE LICENSED APPLICATION OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: Attention

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES USE OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT YOU RECEIVE HEREUNDER BEAR THE ENTIRE RISK AS AN APPLE DEVELOPER (COLLECTIVELYTO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14SERVICES”) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS ARE PROVIDED ON AN AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE CINCINNATI FINANCIAL HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSEDAPPLICATION AND ANY SERVICES, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OFMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CINCINNATI FINANCIAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN LICENSED APPLICATION, THAT THE PARTIESFUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CINCINNATI FINANCIAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE LICENSED APPLICATION OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE THE EQUIPMENT IS USED AND ITS AFFILIATESIS SOLD "AS IS", SUBSIDIARIESWITH ALL FAULTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DEFECTS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITHOUT ANY WARRANTY OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDKIND. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST APPLE ALL SOFTWARE, IF ANY, IS SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED ON SOFTWARE, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR DISSATISFACTION WITH A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE SERVICE IS TO STOP USING FUNCTIONS CONTAINED IN THE SERVICE. THIS LIMITATION OF RELIEF IS A PART SOFTWARE WILL MEET BUYER’S REQUIREMENTS, OR THAT THE OPERATION OF THE BARGAIN BETWEEN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PARTIESSCOPE OF THIS WARRANTY. BUYER ACCEPTS THE RISKS OF USE AND EXCEPT AS OTHERWISE STATED HEREIN SUCH RISKS FALL SOLELY ON BUYER. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT SELLER DOES NOT WARRANT THAT THE EQUIPMENT OR SOFTWARE IS FREE OF CLAIMS OF NTELLECTUAL PROPERTY INFRINGEMENT BY ANY THIRD PARTY. SELLER HEREBY DISCLAIMS ANY SUCH WARRANTY OR INDEMNIFICATION AGAINST NTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREPATENT, HARDWARE TRADEMARK AND COPYRIGHT OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETRADE SECRET INFRINGEMENT.

Appears in 1 contract

Samples: Letter Agreement

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No Warranty. APPLE COMPANY ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREES THAT TU IS AN ACADEMIC RESEARCH INSTITUTION AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEJOINT RESEARCH IS OF AN EXPERIMENTAL NATURE. AS A RESULT, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES ANY RESULTS OF THE FOREGOING), LABS, DTS SERVICES, OR JOINT RESEARCH AND ANY OTHER INFORMATION OR RESEARCH MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 IS AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT WITH ALL FAULTS. NEITHER PARTY MAKES ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS TO ANY WARRANTIES MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ACCURACYTHE JOINT RESEARCH, NON- INFRINGEMENTWHETHER ANY RESULTS WILL OBTAIN, MERCHANTABILITY AND ANY RESEARCH MATERIALS OR ANY INVENTION, PROCESS OR PRODUCT, WHETHER TANGIBLE OR INTANGIBLE, CONCEIVED, DISCOVERED, DEVELOPED OR REDUCED TO PRACTICE UNDER THIS AGREEMENT; OR THE OWNERSHIP, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE PURPOSE OF THE SERVICERESEARCH, ANY RESEARCH MATERIALS OR ANY SUCH INVENTION OR PRODUCT. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS NEITHER PARTY SHALL BE LIABLE FOR YOUR USE OF ANY DIRECT, CONSEQUENTIAL, OR OTHER DAMAGES SUFFERED BY THE SERVICEOTHER PARTY, INCLUDINGANY LICENSEE, OR OTHERS INCLUDING BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART DAMAGES ARISING FROM DELAY OR TERMINATION OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSJOINT RESEARCH, OR CORRECTIONSFROM THE USE OF THE JOINT RESEARCH RESULTS, ANY RESEARCH MATERIALS OR TO NOTIFY YOU OF ANY PRODUCT SUCH INVENTION OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPRODUCT.

Appears in 1 contract

Samples: Joint Research Agreement

No Warranty. APPLE CUSTOMER ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH INTERRUPTIONS OR DISRUPTIONS OF THE SERVICE IS TO STOP USING SERVICES, THE SERVICE. THIS LIMITATION INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF RELIEF IS A THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE XXXXXX WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER’S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PREDATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-RELEASE SOFTWAREMAIL OR OTHERWISE) WILL BE TRANSMITTED, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME. Part III. Definitions The following definitions are used in in conjunction with IoT Connectivity Services. Any capitalized terms not defined below are defined in the Agreement.

Appears in 1 contract

Samples: assets.ctfassets.net

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICELICENSED SERVICES AND ATTENDANT PLATFORM IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PLATFORM AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED PLATFORM OR AUTHORIZED YDG REPRESENTATIVE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICELICENSED PLATFORM AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OBTAINED THEREONOR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH SHOULD THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE LICENSED APPLICATION OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR, OR CORRECTIONSCORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, OR SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: Terms and Conditions

No Warranty. APPLE TO THE GREATEST EXTENT ALLOWED BY LAW, CLOUD9 DISCLAIMS ANY AND ITS AFFILIATESALL PROMISES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSREPRESENTATIONS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE CLOUD9 PLATFORM, WEBSITE AND SERVICES, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A ANY PARTICULAR USE OR PURPOSE, ANY WARRANTY EXPRESS OR IMPLIED OF NONINFRINGEMENT, AND ANY REPRESENTATION OR WARRANTY THAT THE CLOUD9 PLATFORM, WEBSITE OR SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION. APPLE EXCEPT AS SET FORTH HEREIN, CLOUD9 FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACTS, OMISSIONS NATURE AND CONDUCT QUALITY OF ANY THIRD PARTIES OTHER PERFORMANCE BY CLOUD9 HEREUNDER. ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT THIS AGREEMENT SHALL NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREBE ENFORCEABLE BY CUSTOMER.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE 11.1 THE APPLICATION AND ITS AFFILIATESSITE ARE PROVIDED “AS IS”, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDWITHOUT WARRANTY. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE LIVELY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, FUNCTIONALITY OR NONINFRINGEMENT. APPLE DISCLAIMS LIVELY DOES NOT MAKE ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT WARRANTY THAT: (a) USE OR OPERATION OF ANY THIRD PARTIES INTERNET SITE OR THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; OR (b) LOSS OF DATA WILL NOT OCCUR; OR (c) MESSAGES, REQUESTS INCLUDING WITHOUT LIMITATION PAYROLL DEDUCTION REQUESTS, OR FUNDING WILL BE DELIVERED IN CONNECTION WITH A TIMELY FASHION (FOR EXAMPLE, FUNDING DELAYS MAY OCCUR FOR VARIOUS REASONS, INCLUDING WITHOUT LIMITATION DELAYS CAUSED BY THE END-USER’S EMPLOYER OR RELATED PAYMENT CLEARING SYSTEMS, THE FINANCIAL TRANSACTION SYSTEMS UTILIZED BY ANY THIRD-PARTY TO YOUR USE TRANSFER FUNDS TO OR FROM THE LIVELY HSA); OR (d) THE INFORMATION PROVIDED IN OR THROUGH THE APPLICATION IS ACCURATE, COMPLETE OR CURRENT; OR (e) THE CATEGORIZATION OF ANY FEES OR EXPENSES AS MEDICALLY QUALIFYING UNDER ANY HSA OR FSA OR ANY LAW OR REGULATION APPLICABLE THERETO IS ACCURATE, AND ANY FUNCTIONALITY OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE APPLICATION RELATED THERETO IS PROVIDED ON AN “AS IS” BASIS; OR (f) LIVELY OR THE APPLICATION CAN PREVENT OVER OR UNDER CONTRIBUTIONS OR OVER OR UNDER WITHDRAWALS FROM AN HSA ACCOUNT; (g) REGARDING THE TAX TREATMENT OR CONSEQUENCES OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION HSA CONTRIBUTIONS OR WITHDRAWALS; or (h) WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. RESPECT TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREFSA, HARDWARE OR OTHER PRODUCTSREGARDING THE ELIGIBILITY, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSQUALIFICATION, OR CORRECTIONS, OR TO NOTIFY YOU TAX TREATMENT OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREEND-USER’S EXPENSES.

Appears in 1 contract

Samples: End User Agreement

No Warranty. APPLE AND ITS AFFILIATESEXCEPT AS PROVIDED IN SECTION 11.2.1, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL TELETRAC MAKES ABSOLUTELY NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE RADIO LOCATION SYSTEM OR ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEPART THEREOF, INCLUDING, BUT NOT LIMITED TO, THE RLS COMPONENTS, RLS LICENSED SOFTWARE AND RLS LICENSED TECHNICAL INFORMATION. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, TELETRAC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY THAT THE RADIO LOCATION SYSTEM, OR ANY INFORMATION OBTAINED THEREONPART THEREOF, IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT ITS SALE OR USE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, SERVICE XXXX OR OTHER PROPRIETARY RIGHT OR THAT THE RADIO LOCATION SYSTEM WILL BE A PROFITABLE ENTERPRISE FOR LICENSEE. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART LICENSEE ACKNOWLEDGES THAT IT HAS MADE AN INDEPENDENT INVESTIGATION OF THE BARGAIN BETWEEN RADIO LOCATION SYSTEM BUSINESS THAT IT WILL CONDUCT UNDER THIS LICENSE AGREEMENT. TELETRAC AND EACH OF ITS AFFILIATES EXPRESSLY DISCLAIM THE PARTIES. MAKING OF, AND LICENSEE ACKNOWLEDGES THAT IT HAS NOT RECEIVED OR RELIED UPON, ANY GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE EXTENT FEASIBILITY OF OPERATING A RADIO LOCATION SYSTEM IN THE TERRITORY, AS TO LICENSEE'S ABILITY TO DESIGN, CONSTRUCT, OPERATE OR MAINTAIN A RADIO LOCATION SYSTEM IN THE TERRITORY OR AS TO THE COSTS LICENSEE MAY INCUR OR THE REVENUES IT MAY RECEIVE WITH RESPECT TO A RADIO LOCATION SYSTEM IN THE TERRITORY. LICENSEE FURTHER ACKNOWLEDGES THAT APPLE MAKES IT HAS NO KNOWLEDGE OF ANY PRE-RELEASE SOFTWAREREPRESENTATIONS BY ANY OFFICER, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSEMPLOYEE, OR CORRECTIONS, OR AGENT OF TELETRAC THAT ARE CONTRARY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIS SECTION 13.2.

Appears in 1 contract

Samples: License Agreement (Ituran Location & Control Ltd.)

No Warranty. APPLE You understand and agree that the intent of the Research Program is to test pre- commercial services, products, software, applications, features, and/or functionalities which may contain bugs, are incomplete, or may contain other errors, and may not yet have the approvals and certifications for commercial deployment. Accordingly, in no event shall you use the Research Product in any production or other environment where you are relying on the performance of the Research Product. THE RESEARCH PRODUCTS ARE PRE-COMMERCIAL RELEASE VERSIONS OF THESCORE’S PRODUCTS, SOFTWARE AND ITS AFFILIATESSERVICES AND ARE NOT INTENDED TO REPRESENT OR PERFORM IN THE SAME MANNER AS COMMERCIAL PRODUCT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSSOFTWARE OR SERVICES, AND LICENSORS (COLLECTIVELYYOU SHOULD ENSURE THAT YOU REGULARLY BACK- UP ANY DATA USED WITH SUCH MATERIALS. IN ADDITION, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDINGRESEARCH PRODUCTS MAY CONTAIN FEATURES, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICESAPIS FOR SOFTWARE OR SERVICES THAT ARE NOT YET COMMERCIALLY AVAILABLE. YOU ACKNOWLEDGE THAT SUCH RESEARCH PRODUCTS, OR ANY OTHER INFORMATION PORTION THEREOF, MAY NOT BE ANNOUNCED OR MATERIALS MADE COMMERCIALLY AVAILABLE BY THESCORE IN THE FUTURE, OR MAY BE MADE AVAILABLE WITH SIGNIFICANT CHANGES, AND THESCORE HAS NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR MAKE ANY OF SUCH RESEARCH PRODUCTS OR ANY PORTION THEREOF AVAILABLE. YOU ACKNOWLEDGE AND AGREE THAT ALL TESTING AND EVALUATION YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYCONDUCT WITH RESPECT TO THE RESEARCH PRODUCT AND RELATED SERVICES ARE DONE ENTIRELY AT YOUR OWN RISK. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, THE RESEARCH PROGRAM AND ITS ASSOCIATED SERVICES AND INFORMATION, AND THE RESEARCH PRODUCT ARE PROVIDED SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”. ALL CONDITIONS, GUARANTEES, REPRESENTATION AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTIES OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ACCURACYDURABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTSPURPOSE OR USE, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEMERCHANTABILITY, INCLUDINGMERCHANTABLE QUALITY, BUT NOT LIMITED TONON-INFRINGEMENT, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSSATISFACTORY QUALITY, OR CORRECTIONSTITLE, OR TO NOTIFY YOU ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF ANY PRODUCT DEALING OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREUSAGE OF TRADE ARE HEREBY EXCLUDED.

Appears in 1 contract

Samples: Program Participation Agreement

No Warranty. APPLE CUSTOMER ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH INTERRUPTIONS OR DISRUPTIONS OF THE SERVICE IS TO STOP USING SERVICES, THE SERVICE. THIS LIMITATION INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF RELIEF IS A THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE XXXXXX WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER’S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PREDATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-RELEASE SOFTWAREMAIL OR OTHERWISE) WILL BE TRANSMITTED, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.TIME. Service Levels Objectives

Appears in 1 contract

Samples: www.rogers.com

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICELICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND QUICK HEAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICELICENSED SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. QUICK HEAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN LICENSED APPLICATION, THAT THE PARTIESFUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE OR SERVICES WILL BE CORRECTED. TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUICK HEAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE LICENSED SOFTWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: End User License Agreement

No Warranty. APPLE BRENART EYE CLINIC AND/OR ITS AFFILIATES AND JOINT VENTURES, AND ITS AFFILIATES, SUBSIDIARIESAND THEIR DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES AND LICENSORS SUPPLIERS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 "BRENART EYE CLINIC PARTIES") PROVIDE THE SERVICES "AS IS" AND 14) DO NOT PROMISE THAT THE SITE"AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, CONTENTWHETHER EXPRESS, SERVICES (INCLUDINGVERBAL, FUNCTIONALITY IMPLIED OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDSTATUTORY. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT BRENART EYE CLINIC PARTIES SPECIFICALLY DISCLAIM ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACYTITLE, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. APPLE DISCLAIMS NO BRENART EYE CLINIC PARTY REPRESENTS, WARRANTS OR GUARANTEES CONTINUOUS, ERROR FREE, UNINTERRUPTED OR SECURE ACCESS TO ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN BRENART EYE CLINIC SERVICES. BRENART EYE CLINIC WILL SEEK TO MAKE REASONABLE EFFORTS TO PROCESS ELECTRONIC DEBITS AND CREDITS INVOLVING THE PARTIES. TO THE EXTENT THAT APPLE ACCOUNT IN A TIMELY MANNER, HOWEVER NO BRENART EYE CLINIC PARTY MAKES ANY PRE-RELEASE SOFTWAREREPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF SUCH PROCESSING, HARDWARE OR OTHER PRODUCTSINCLUDING BECAUSE BRENART EYE CLINIC'S SERVICES ARE LARGELY DEPENDENT UPON MANY FACTORS OUTSIDE OF ITS CONTROL, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU SUCH AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME DELAYS IN THE FUTUREU.S. BANKING SYSTEM, INTERRUPTIONS IN INTERNET AND/OR TELEPHONE SERVICES, DELAYS CAUSED BY THIRD-PARTY PAYMENT PROCESSORS, SUPPLIERS, ETC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: brenarteye.com

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS AND BASIS. USE OF THE SERVICE IS SUBJECT AT YOUR OWN RISK. TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILESTH E MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE IS PROVIDED WITHOUT WARRANTIES OF VIRUSESANY KIND, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY INFORMATION OBTAINED THEREONWARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO STOP USING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. THIS LIMITATION COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF RELIEF IS A PART PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BARGAIN BETWEEN ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE PARTIES. DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: www.zolveimages.zolve.com

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER The Software is being delivered to you "AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDIS" and Xxxxxx makes no warranty as to its use or performance. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE XXXXXX DOES NOT GUARANTEE ANY AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF YOU MAY OBTAIN BY USING THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDSOFTWARE, INCLUDING ANY WARRANTIES TESTING VERSIONS. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, XXXXXX MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF ACCURACYTHIRD PARTY RIGHTS, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. APPLE DISCLAIMS IN NO EVENT SHALL XXXXXX BE LIABLE TO THE USER FOR ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE FILES, INCLUDING ANY DAMAGES AS A RESULT OF VIRUS INFECTION OR OTHER CONTAMINATION, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF XXXXXX HAS BEEN ADVISED OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION POSSIBILITY OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSSUCH DAMAGES, OR CORRECTIONSFOR ANY CLAIM BY ANOTHER PARTY. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKEhowsoever caused, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREbut this shall not imply or create any continued right to Use the Software after termination of this Agreement.

Appears in 1 contract

Samples: tools.rogerscorp.com

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEAPP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VRI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICEAPP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON• INFRINGEMENT OF THIRD PARTY RIGHTS. VRI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN APP, THAT THE PARTIESFUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR•FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VRI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE APP OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: End User License Agreement

No Warranty. APPLE AND ITS AFFILIATESThe Licensor provides no warranty of any kind with regards to the product. As a practical matter, SUBSIDIARIEShowever, OFFICERSthe Licensor welcomes contact from any End-User or entity employing the End-User that experiences any problems with the product. No oral or written information or advice given by the Licensor, DIRECTORSemployees or agents shall in any way extend, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDmodify or add to the foregoing warranty statement regarding no warranty being given to End-User or entity employing the End-User. THE SERVICE NO WARRANTY IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESPROVIDED, EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS THE END-USER OR ENTITY EMPLOYING THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, EASE OF USE, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL THE LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER OR ENTITY EMPLOYING THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT LIKE) ARISING OUT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR THE USE OF OR INABILITY TO USE THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE SERVICEPOSSIBILITY OF SUCH DAMAGES. THE LICENSOR'S LIABILITY TO THE END-USER OR ENTITY EMPLOYING THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDINGAND REGARDLESS OF THE FORM OF THE ACTION, BUT NOT WILL BE LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO THE LICENSOR FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART LICENSE OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 1 contract

Samples: www.acousticscentral.com

No Warranty. APPLE YOU EXPRESSLY UNDERSTAND AND ITS AFFILIATESAGREE THAT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT TO THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE SOFTWARE IS PROVIDED ON AN BY ADOBE AS-AS IS,AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSESEXPRESS, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY THE IMPLIED WARRANTIES OF ACCURACYPERFORMANCE, NON- INFRINGEMENTSECURITY, MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLE WITHOUT LIMITING THE FOREGOING, ADOBE MAKES NO WARRANTY THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOBE OR THROUGH OR FROM USE OF THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. ADOBE SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF WITH REGARD TO ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO ACTIONS RESULTING FROM YOUR USE OF THE SERVICESOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE. ADOBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER AS A RESULT YOUR USE OF THE SERVICESOFTWARE. ADOBE DOES NOT CONTROL, INCLUDINGENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY AMAZON OR OTHER THIRD PARTIES ACCESSIBLE THROUGH AWS. ADOBE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AWS, BUT AND SHALL NOT LIMITED TOBE LIABLE FOR, AMAZON OR OTHER THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. ADOBE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF USING AWS OR A THIRD PARTY USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION IN CONNECTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE EITHER WITH OR OTHER PRODUCTSWITHOUT YOUR KNOWLEDGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SERVICES THE LIMITATION OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSEXCLUSION OF IMPLIED WARRANTIES, OR CORRECTIONSLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR SO THE ABOVE LIMITATIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: pdfkiwi.com

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL TELETRAC MAKES ABSOLUTELY NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE RADIO LOCATION SYSTEM OR ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEPART THEREOF, INCLUDING, BUT NOT LIMITED TO, THE RLS COMPONENTS, RLS LICENSED SOFTWARE AND RLS LICENSED TECHNICAL INFORMATION. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, TELETRAC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY THAT THE RADIO LOCATION SYSTEM, OR ANY INFORMATION OBTAINED THEREONPART THEREOF, IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT THE RADIO LOCATION SYSTEM WILL BE A PROFITABLE ENTERPRISE FOR LICENSEE. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART LICENSEE ACKNOWLEDGES THAT IT HAS MADE AN INDEPENDENT INVESTIGATION OF THE BARGAIN BETWEEN RADIO LOCATION SYSTEM BUSINESS THAT IT WILL CONDUCT UNDER THIS LICENSE AGREEMENT. TELETRAC AND EACH OF ITS AFFILIATES EXPRESSLY DISCLAIM THE PARTIES. MAKING OF, AND LICENSEE ACKNOWLEDGES THAT IT HAS NOT RECEIVED OR RELIED UPON, ANY GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE EXTENT FEASIBILITY OF OPERATING A RADIO LOCATION SYSTEM IN THE TERRITORY, AS TO LICENSEE'S ABILITY TO DESIGN, CONSTRUCT, OPERATE OR MAINTAIN A RADIO LOCATION SYSTEM IN THE TERRITORY OR AS TO THE COSTS LICENSEE MAY INCUR OR THE REVENUES IT MAY RECEIVE WITH RESPECT TO A RADIO LOCATION SYSTEM IN THE TERRITORY. LICENSEE FURTHER ACKNOWLEDGES THAT APPLE MAKES IT HAS NO KNOWLEDGE OF ANY PRE-RELEASE SOFTWAREREPRESENTATIONS BY ANY OFFICER, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSEMPLOYEE, OR CORRECTIONS, OR AGENT OF TELETRAC THAT ARE CONTRARY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIS SECTION 9.

Appears in 1 contract

Samples: License Agreement (Ituran Location & Control Ltd.)

No Warranty. APPLE CUSTOMER ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREES THAT THE SITESERVICES AND ALL DEVICES, CONTENT, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER ARE PROVIDED BY ROGERS “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND AND, TO THE SERVICE IS SUBJECT TO CHANGE EXTENT PERMITTED BY LAW, WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY BY ROGERS OF ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIESKIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH INTERRUPTIONS OR DISRUPTIONS OF THE SERVICE IS TO STOP USING SERVICES, THE SERVICE. THIS LIMITATION INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF RELIEF IS A THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE BARGAIN BETWEEN EQUIPMENT USED TO PROVIDE THE PARTIES. SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER’S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT APPLE MAKES ANY PREDATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-RELEASE SOFTWAREMAIL OR OTHERWISE) WILL BE TRANSMITTED, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSTRANSMITTED IN UNCORRUPTED FORM, OR CORRECTIONS, OR TO NOTIFY YOU TRANSMITTED WITHIN A REASONABLE PERIOD OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETIME. Part III. Definitions The following definitions are used in this Product Schedule. Any capitalized terms not defined below are defined in the Agreement.

Appears in 1 contract

Samples: Master Enterprise Customer Agreement

No Warranty. APPLE YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPEI AND ITS AFFILIATESPARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSMANDATARIES, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES MAPEI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEANY KIND, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED OR ARISING FROM STATUTE, INCLUDING ANY WARRANTIES COURSE OF ACCURACYDEALING, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT USAGE OF ANY THIRD PARTIES IN CONNECTION WITH TRADE OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEOTHERWISE, INCLUDING, BUT BUT, NOT LIMITED TO, ANY INFORMATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAPEI PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART FROM USE OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE SOFTWARE WILL BE ACCURATE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSRELIABLE, OR CORRECTIONS, OR TO NOTIFY YOU OF (iv) THE SOFTWARE DOES NOT INFRINGE ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURETHIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Appears in 1 contract

Samples: Mapei Ios End User License Agreement

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICEAPPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICEAPPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-­‐INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED UP-­‐TO-­‐DATE, OR ERROR-­‐FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. LOCATION DATA AND OTHER INFORMATION DISPLAYED IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON AS ADVICE, IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. REACHLOCAL DOES NOT GUARANTEE THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION OBTAINED THEREONINCLUDING ANY INFORMATION RELATING TO RETURN OF INVESTMENT WHICH IS AN ESTIMATE ONLY OR LOCATION DATA DISPLAYED BY THE APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REACHLOCAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART USE OF THE BARGAIN BETWEEN APPLICATION IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE PARTIESAPPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, THE END-­‐USER MAY, IF APPLICABLE, NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) FOR THE APPLICATION TO THAT END-­‐USER, AND TO THE MAXIMUM EXTENT THAT PERMITTED BY APPLICABLE LAW, APPLE MAKES WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY PRE-RELEASE SOFTWAREOTHER CLAIMS, HARDWARE OR OTHER PRODUCTSLOSSES, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERLIABILITIES, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESDAMAGES, ENHANCEMENTSCOSTS, OR CORRECTIONSEXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE REACHLOCAL’S RESPONSIBILITY (IF NOT EFFECTIVELY DISCLAIMED). PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ANY SOFTWARE AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDEQUIPMENT SUPPLIED BY CCVN AT CUSTOMER’S SOLE RISK. THE SERVICE IS AND CCVN EQUIPMENT ARE PROVIDED ON AN "AS-IS” IS BASIS" AND “AS- AVAILABLE” BASIS EXCEPT TO THE LIMITED EXTENT SPECIFICALLY STATED IN SECTION 5, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEMERCHANTABILITY. APPLE CANNOT ENSURE CCVN DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE. CCVN DOES NOT WARRANT THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, CONTAMINATION WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR DESTRUCTIVE FEATURESOTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED. FURTHER, APPLE CCVN DOES NOT GUARANTEE WARRANT THAT ANY RESULTS DATA OR IDENTIFICATION FILES CUSTOMER SENDS OR CORRECTION OF PROBLEMS AS PART OF RECEIVES VIA THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETOWILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDINGTHIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO STOP GAIN ACCESS TO CUSTOMER’S EQUIPMENT OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. THIS LIMITATION OF RELIEF CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CCVN UTILIZES ANTI-SPAM SOFTWARE AND THAT SUCH SECURITY TECHNOLOGY IS A PART FEATURE OF THE BARGAIN BETWEEN SERVICE THAT MAY BLOCK INCOMING AND OUTGOING ELECTRONIC MAIL. CCVN DOES NOT WARRANT THAT SUCH FEATURE WILL BLOCK ALL UNWANTED MAIL/SPAM OR THAT ALL MAIL THAT IS BLOCKED CONSTITUTES UNWANTED MAIL/ SPAM. CONSISTENT WITH OTHER STATEMENTS SET FORTH IN THIS SECTION, CCVN DOES NOT WARRANT THAT SUCH FEATURE WILL BE ERROR-FREE. In addition, in its sole discretion, CCVN may make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by CCVN to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS AND AGREES THAT CCVN AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT CCVN AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) OR THE PARTIESINFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE. When Customer uses the Service and/or accesses CCVN web sites, Customer may encounter links allowing Customer to visit web sites operated or owned by third parties (“Third Party Site(s)”). CCVN provides these links as a convenience and they are not under the control or ownership of CCVN. The presence of a link to any Third Party Site is not an endorsement by CCVN of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Customer’s use of any third party site is governed by the various legal agreements and policies posted at that web site. CUSTOMER UNDERSTANDS AND AGREES THAT CCVN DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE CCVN NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO CCVN NETWORK WILL BE AVAILABLE TO YOU AS AN APPLE DEVELOPERCUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer’s site will vary depending upon a number of factors, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESincluding Customer’s computer system(s) and associated equipment, ENHANCEMENTSInternet traffic, OR CORRECTIONSand other factors such as system capacity limitations, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKEgovernmental actions, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREevents beyond CCVN’s control, and system failures, modifications, upgrades and repairs. Customer understands that CCVN may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with CCVN’S AUP (“Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and managing network resources through techniques such as limiting the number of peer-to-peer sessions Customer can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as CCVN may from time to time determine appropriate. Customer further understands and agrees that, to allocate bandwidth across all of its users, CCVN may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files. Customer’s sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Customer.

Appears in 1 contract

Samples: Service Agreement

No Warranty. APPLE You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS AFFILIATESCONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBSIDIARIESWITHOUT ANY WARRANTIES OF ANY KIND, OFFICERSEITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, DIRECTORSSECURITY, EMPLOYEESRELIABILITY, AGENTSQUALITY, PARTNERSACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITEWEBSITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, ITS CONTENT OR ANY OTHER INFORMATION SERVICES OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, ITEMS OBTAINED THROUGH THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WEBSITES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE COMPANY HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES WA RRANTIES OF ACCURACYMERCHANTABILIT Y, NON- INFRINGEMENT, MERCHANTABILITY INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPARTICULARPURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE ACTSDURATION OF IMPLIED WARRANTIES, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDINGTHEIR ENTIRETIES, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. WILL APPLY TO THE MAXIMUM EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

No Warranty. APPLE USER HEREBY EXPRESSLY ACKNOWLEDGES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREES THAT USE OF THE API/SDK AND/OR THE DOCUMENTATION IS AT USER’S SOLE RISK AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEENTIRE RISK AS TO SATISFACTORY QUALITY, CONTENTPERFORMANCE, SERVICES (INCLUDINGACCURACY AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNCTIONALITY OR FEATURES OF THE FOREGOING)API/SDK, LABS, DTS SERVICES, THE DOCUMENTATION AND/OR ANY OTHER INFORMATION SERVICES PERFORMED OR MATERIALS THAT YOU RECEIVE HEREUNDER PROVIDED BY THE API/SDK AND/OR THE DOCUMENTATION ARE PROVIDED “AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DFT HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE API/SDK, EXPRESS THE DOCUMENTATION AND/OR IMPLIEDANY SERVICES, INCLUDING ANY WARRANTIES OF ACCURACYEITHER EXPRESS, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH IMPLIED OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY DFT DOES NOT WARRANT AGAINST APPLE FOR DISSATISFACTION INTERFERENCE WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART USER’S ENJOYMENT OF THE BARGAIN BETWEEN API/SDK AND/OR THE PARTIES. TO DOCUMENTATION, THAT THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSFUNCTIONS CONTAINED IN, OR CORRECTIONSSERVICES PERFORMED OR PROVIDED BY, THE API/SDK AND/OR THE DOCUMENTATION WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE API/SDK, THE DOCUMENTATION AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR TO NOTIFY YOU OF ANY PRODUCT THAT DEFECTS IN THE API/SDK, THE DOCUMENTATION AND/OR SERVICES CHANGES THAT APPLE MAY MAKEWILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DFT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE API/SDK, THE DOCUMENTATION AND/OR TO PUBLICLY ANNOUNCE SERVICES PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURECORRECTION.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE AGREE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICELICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL RISKS FOR YOUR USE FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PIXEL PRESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICELICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PIXEL PRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART ENJOYMENT OF THE BARGAIN BETWEEN LICENSED APPLICATION, THAT THE PARTIESFUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PIXEL PRESS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU OR THE LIABILITY OF PIXEL PRESS SHALL ONLY BE LIMITED TO THE MAXIMUM EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREPERMITTED BY LAW. THE SOFTWARE MAY CONTAIN OR USE FREE AND/OR OPEN SOURCE MATERIALS, HARDWARE INCLUDING WITHOUT LIMITATION SOFTWARE SUBJECT TO OPEN SOURCE LICENSING, COPYLEFT LICENSING, GNU GENERAL PUBLIC LICENSE, CREATIVE COMMONS, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSPUBLIC DOMAIN LICENSES, OR CORRECTIONSSIMILAR LICENSES. PIXEL PRESS MAKES NO REPRESENTATION OR WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME OPEN SOURCE MATERIALS CONTAINED IN THE FUTURESOFTWARE.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, Cl MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PROGRAM, PROGRAM MATERIALS, OR OFFERS. YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSAGREE THAT YOUR USE OF, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYPARTICIPATION IN, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATEPROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE Cl DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ANY INFORMATION OBTAINED THEREONIMPLIED WARRANTIES OF MERCHANTABILITY. YOUR SOLE REMEDY AGAINST APPLE SATISFACTORY QUALITY, FITNESS FOR DISSATISFACTION A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Cl DOES NOT WARRANT THAT THE PROGRAM WILL BE ACCESSIBLE ON A PERMANENT OR UNINTERRUPTED BASIS, ERROR-FREE, OR THAT DATA ASSOCIATED WITH THE SERVICE IS TO STOP USING PROGRAM WILL NOT BE LOST OR DAMAGED. Cl MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICEACCURACY, VALIDITY OR REDEMPTION OF OFFERS AND/OR .COUPONS DELIVERED THROUGH THE PROGRAM. THIS LIMITATION NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY Cl OR ANY OF RELIEF IS ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A PART WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE BARGAIN BETWEEN THE PARTIESLIMITED WARRANTY GRANTED UNDER THIS SECTION AND YOU AGREE THAT YOU WILL NOT RELY ON SUCH ADVICE OR INFORMATION. TO THE EXTENT THAT APPLE MAKES Cl MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY PRE-RELEASE SOFTWAREWARRANTY, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURESUCH LAW.

Appears in 1 contract

Samples: Bright Mountain Holdings, Inc./Fl

No Warranty. APPLE TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS AGREE THAT (COLLECTIVELY, “APPLE” FOR PURPOSES a) USE OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, (b) THE SERVICE, THE PACKAGE, AND ALL SERVICE CONTENT IS PROVIDED ON AN AS-AS IS” AND “AS- AS AVAILABLE,BASIS WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT WARRANTY OF ANY THIRD PARTIES IN CONNECTION KIND, AND (c) Rila HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH OR RELATED RESPECT TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY , THE PACKAGE, AND ALL RISKS FOR YOUR USE OF THE SERVICEANY SERVICE CONTENT OFFERED BY Rila, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING IN THIS SECTION 17, Rila DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE IS TO STOP USING WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OPERATION OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES GOODS OR INFORMATION RELATED THERETO AVAILABLE TO SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSHAVE INSTALLED THE APP, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME DEFECTS IN THE FUTURE.SERVICE WILL BE CORRECTED.‌

Appears in 1 contract

Samples: End User License Agreement and Terms of Service

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AS AVAILABLE” BASIS AND BASIS. USE OF THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEAT YOUR OWN RISK. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE IS PROVIDED WITHOUT WARRANTIES OF VIRUSESANY KIND, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IG, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS TO STOP USING FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE. THIS LIMITATION OF RELIEF IS A PART USE OF THE BARGAIN BETWEEN THE PARTIESSERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREIG DOES NOT WARRANT, HARDWARE OR OTHER PRODUCTSENDORSE, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSGUARANTEE, OR CORRECTIONS, OR TO NOTIFY YOU OF ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IG SERVICE AND IG WILL NOT BE A PARTY TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AT ANY TIME IN THE FUTURESERVICES.

Appears in 1 contract

Samples: irongp.com

No Warranty. APPLE THE ACQUIRED ASSETS ARE SOLD "AS IS, WHERE IS" AND ITS AFFILIATESWITH ALL FAULTS. THE WARRANTIES SET FORTH IN SECTION 3 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF SELLER, SUBSIDIARIESWHETHER WRITTEN, OFFICERSORAL OR IMPLIED. SELLER SHALL NOT, DIRECTORSBY VIRTUE OF HAVING SOLD THE ACQUIRED ASSETS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR BE DEEMED TO HAVE MADE ANY OTHER INFORMATION REPRESENTATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICEWARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, FITNESS FOR DISSATISFACTION WITH ANY USE, DESIGN, CONDITION, VALUE OR OPERATION, AS TO THE SERVICE IS ABSENCE OF ANY OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR AS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART QUALITY OF THE BARGAIN BETWEEN MATERIAL OR WORKMANSHIP OR THE PARTIES. ABSENCE OF ANY LATENT, INHERENT OR OTHER DEFECT IN ANY OF THE ACQUIRED ASSETS OR ANY PART THEREOF, INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, COMPLIANCE OF THE ACQUIRED ASSETS OR ANY PORTION OR PART THEREOF WITH ANY APPLICABLE LAWS OR REGULATIONS OR ANY OTHER MATTER, WHETHER SIMILAR OR DISSIMILAR TO THE EXTENT FOREGOING, IT BEING UNDERSTOOD THAT APPLE MAKES ALL SUCH DISCLAIMED RISKS ARE TO BE BORNE SOLELY BY BUYER, AND THAT BUYER HAS NOT RELIED ON ANY PRE-RELEASE SOFTWARE, HARDWARE WARRANTY OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREREPRESENTATION NOT SET FORTH HEREIN .

Appears in 1 contract

Samples: Asset Purchase Agreement (Diagnostic Health Services Inc /De/)

No Warranty. APPLE AND ITS AFFILIATESALL SOFTWARE IS PROVIDED “AS IS,” “WITH ALL FAULTS”, SUBSIDIARIESWITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO CEREBRAS DOES NOT PROMISE WARRANT THAT THE SITESOFTWARE WILL MEET YOUR REQUIREMENTS, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF WILL OPERATE IN THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS COMBINATIONS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYDESIRE, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATEOPERATE ERROR-FREE, RELIABLE, TIMELY, SECURE, ERROR- BUG FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS ALL SOFTWARE ERRORS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE CEREBRAS EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS PURPOSE AND NONINFRINGEMENT, ANY WARRANTIES AND ALL LIABILITY FOR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, OR THE ACTS, OMISSIONS AND CONDUCT ABSENCE OF ANY THIRD PARTIES IN CONNECTION WITH DEFECTS THEREIN, WHETHER LATENT OR RELATED TO YOUR USE OF THE SERVICEPATENT. YOU ASSUME TOTAL RESPONSIBILITY HEREBY ACKNOWLEDGE AND ALL RISKS FOR YOUR USE OF AGREE THAT THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS DISCLAIMERS PROVIDED HEREIN ARE A FUNDAMENTAL PART OF THIS AGREEMENT AND THAT XXXXXXXX WOULD NOT AGREE TO ENTER THIS AGREEMENT OR LICENSE YOU THE BARGAIN BETWEEN THE PARTIESSOFTWARE WITHOUT SUCH DISCLAIMERS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREYOU.

Appears in 1 contract

Samples: End User Software License Agreement

No Warranty. APPLE AND NONE OF COMPANY, ITS AFFILIATES, SUBSIDIARIESOR ITS OR THEIR DIRECTORS, OFFICERS, DIRECTORSSHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERSCONSULTANTS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER ASSIGNS (COLLECTIVELY, THE “SERVICE” FOR PURPOSES COMPANY PARTIES”) ENDORSE ANY MENTOR OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY THE MENTOR IN CONNECTION WITH THE PROGRAM. NONE OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTEDTHE COMPANY PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY COMMUNICATION OR INTERACTION BETWEEN STUDENT AND MENTOR. STUDENT ACKNOWLEDGES AND AGREES THAT THE PROGRAM AND THE SITE ARE PROVIDED “AS IS”, AND THEREFORE STUDENT WILL NOT HAVE ANY DEFECTS WILL BE CORRECTEDCLAIM OR DEMAND AGAINST THE COMPANY PARTIES WITH RESPECT TO ANY MENTOR, OR IN RESPECT OF THE PROGRAM OR THE SITE. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART USE OF THE SERVICE SITE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETOPARTICIPATION IN THE PROGRAM ARE AT STUDENT’S SOLE RISK. APPLE TO THE FULLEST EXTENT OF THE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO, WARRANTIES OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SECURITY OR ACCURACY. APPLE THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY, AND ACTS OR OMISSION OF, THE MENTORS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SITE OR , THE PROGRAM, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY AND ALL LIABILITY FOR THE ACTSDAMAGES TO, OMISSIONS AND CONDUCT OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR ACCESS TO OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPROGRAM.

Appears in 1 contract

Samples: Student Participation Agreement

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AS IS AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE TFS SPECIFICALLY DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACYTITLE, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. APPLE DISCLAIMS TFS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE PART OF THE SERVICE, INCLUDING, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF TFS. TFS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS INVOLVING BANK ACCOUNTS ARE PROCESSED IN A TIMELY MANNER BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH TFS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE TFS’ SERVICE IS DEPENDANT ON MANY FACTORS OUTSIDE OF ITS CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO STOP USING THE SERVICEUSER. THIS LIMITATION OF RELIEF IS SECTION GIVES USER SPECIFIC LEGAL RIGHTS AND USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Schedule A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWAREFINANCIAL INSTITUTIONS Esquire Bank Fee Schedule Schedule B Type Description Amount ACH Return (that is not R07, HARDWARE OR OTHER PRODUCTSR08, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERR10, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESor R29) ACH High Risk Return (R07, ENHANCEMENTSR10, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.R29)

Appears in 1 contract

Samples: Electronic Funds Transfer Agreement

No Warranty. APPLE The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth below and in this Agreement may not apply to you. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT: (A) THE LICENSED APPLICATION AND THE SERVICES MAY CONTAIN BUGS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSERRORS, AND LICENSORS DEFECTS; (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14B) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES USE OF THE FOREGOING)LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, LABSPERFORMANCE, DTS SERVICESACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED APPLICATION AND THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE DISCLAIMS ALL WARRANTIES AND CONDITIONS (EXPRESS, LEGAL, OR ANY OTHER INFORMATION IMPLIED AND ARISING BY LAW OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYOTHERWISE) REGARDING THE LICENSED APPLICATION, THE “SERVICE” SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDYOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTQUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. APPLE DISCLAIMS EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED BY LAW, FLUKE SHALL HAVE NO LIABILITY OF ANY AND ALL LIABILITY KIND FOR THE ACTSUSE OF, OMISSIONS AND CONDUCT OR INABILITY TO USE, THE LICENSED APPLICATION, THE SERVICES OR ANY SERVICE THAT THE LICENSED APPLICATION IS INTENDED TO ACCESS OR FOR ANY LOSS, CORRUPTION OR OTHER LIMITATION OF ANY THIRD PARTIES IN CONNECTION WITH ACCESS TO OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIESDATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLUKE DOES NOT WARRANT THAT APPLE MAKES THE LICENSED APPLICATION OR THE SERVICES WILL BE DELIVERED FREE OF ANY PRE-RELEASE SOFTWAREINTERRUPTIONS, HARDWARE DELAYS, OMISSIONS OR OTHER PRODUCTS, ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLUKE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION OR THE SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPERPROVE DEFECTIVE, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATESASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, ENHANCEMENTSREPAIR, OR CORRECTIONSCORRECTION. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW. THE APPLICATION STORE PROVIDERS HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION OR THE SERVICES AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO NOTIFY YOU ANY FAILURE OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURELICENSED APPLICATION.

Appears in 1 contract

Samples: User License Agreement

No Warranty. APPLE YOU ACKNOWLEDGE AND ITS AFFILIATESAGREE THAT (A) THE LICENSED APPLICATION MAY CONTAIN BUGS, SUBSIDIARIESERRORS AND DEFECTS WE ARE NOT AWARE OF; (B) DOWNLOAD, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, INSTALLATION AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES USE OF THE FOREGOING)LICENSED APPLICATION IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, LABSPERFORMANCE, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE LICENSED APPLICATION IS PROVIDED ON AN “AS-"AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND “AS- AVAILABLE” BASIS ERRORS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT WARRANTY OF ANY CONTENT (INCLUDING FILESKIND, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. BREVILLE DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. APPLE DISCLAIMS BREVILLE SHALL HAVE NO LIABILITY OF ANY AND ALL LIABILITY KIND FOR THE ACTSUSE OF, OMISSIONS AND CONDUCT OR INABILITY TO USE, THE LICENSED APPLICATION OR FOR ANY LOSS OF DATA. BREVILLE DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION WILL BE DELIVERED FREE OF ANY THIRD PARTIES INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, INCOMPLETENESS, OR ERRORS. (COLLECTIVELY, "FAULTS") OR IN CONNECTION WITH A SECURE MANNER OR RELATED TO YOUR USE OF THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BREVILLE OR ITS AUTHORISED REPRESENTATIVES SHALL CREATE ANY WARRANTY. IN THE SERVICE. EVENT THAT THE LICENSED APPLICATION IS DEFECTIVE, YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE COST OF ALL RISKS FOR YOUR USE OF THE SERVICENECESSARY SERVICING, INCLUDINGREPAIR OR CORRECTION. The laws of some jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREthe exclusions set forth above may not apply to you.

Appears in 1 contract

Samples: End User License Agreement

No Warranty. APPLE YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY ACCESS, USE, QUALITY, STORAGE, INTEGRITY, PERFORMANCE AND ACCURACY REMAIN WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPEI AND ITS AFFILIATESPARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERSMANDATARIES, PARTNERS AND Android45667509.2 MT20200501- EN LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES MAPEI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEANY KIND, CONTENTWHETHER EXPRESS OR IMPLIED OR ARISING FROM COURSE OF DEALING, SERVICES (USAGE OF TRADE OR OTHERWISE, INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING)BUT, LABSNOT LIMITED TO, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACYMERCHANTABILITY, NON- INFRINGEMENTMERCHANTABLE QUALITY, MERCHANTABILITY AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES AND RESULTS. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR MAPEI PARTIES MAKE NO WARRANTY THAT: (i) THE ACTSSOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH TIMELY, SECURE OR RELATED TO YOUR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE SOFTWARE WILL BE ACCURATE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURERELIABLE.

Appears in 1 contract

Samples: License Agreement

No Warranty. APPLE AND ITS AFFILIATESEXCEPT WHERE OTHERWISE STATED IN THIS AGREEMENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-AS IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE PROVIDED WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING ANY BUT NOT LIMITED TO WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR IMPLIED WARRANTIES OF MERCHANTABILITY. APPLE DISCLAIMS NO ADVICE OR INFORMATION OBTAINED BY YOU IN ANY WAY FROM THE SERVICE OR OrangePasses WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, OrangePasses AND ALL LIABILITY ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR THE ACTS, OMISSIONS AND CONDUCT ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OR CORRUPTION OF ANY THIRD PARTIES IN CONNECTION WITH DATA THAT RESULTS FROM SUCH DOWNLOAD OR RELATED TO YOUR USE OF THE SERVICE. YOU OrangePasses DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OrangePasses SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDINGAND OrangePasses WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, BUT SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT LIMITED TOALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH SO THE SERVICE IS ABOVE EXCLUSIONS MAY NOT APPLY TO STOP USING THE SERVICEYOU. THIS LIMITATION OF RELIEF IS A PART OF AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE BARGAIN BETWEEN THE PARTIES. DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREPROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service Agreement

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE ERRORFREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Appears in 1 contract

Samples: Developer Agreement (TBC Global News Network, Inc.)

No Warranty. APPLE YOU EXPRESSLY ACKNOWLEDGE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITEENTIRE RISK AS TO SATISFACTORY QUALITY, CONTENTPERFORMANCE, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF ACCURACY AND EFFORT IS WITH YOU. TO THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14SERVICES”) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS ARE PROVIDED ON AN AS-AS IS” AND “AS- AS AVAILABLE” BASIS ”, WITH ALL FAULTS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICEWARRANTY OF ANY KIND, AND SAILTIMER INC. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SAILTIMER INC. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. SAILTIMER INC. ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION OBTAINED THEREONERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. YOUR SOLE REMEDY AGAINST APPLE SAILTIMER INC. IS NOT RESPONSIBLE FOR DISSATISFACTION ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, GLOBAL POSITIONING SYSTEMS, SATELLITES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE IS TO STOP USING SAILTIMER INC. SERVICES. SHOULD THE SERVICESOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS LIMITATION OF RELIEF IS NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAILTIMER INC. OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A PART WARRANTY. UNDER NO CIRCUMSTANCES SHALL SAILTIMER INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTSSERVICES, OR CORRECTIONS, OR TO NOTIFY YOU FROM THE CONDUCT OF ANY PRODUCT USERS OF THE SERVICES, WHETHER ONLINE OR SERVICES CHANGES THAT APPLE MAY MAKEOFFLINE. SAILTIMER INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SAILTIMER INC. PRODUCTS AND/OR SERVICES. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREso the above exclusion and limitations may not apply to you.

Appears in 1 contract

Samples: User License Agreement

No Warranty. APPLE AND ITS AFFILIATESThe information and materials contained on the Site, SUBSIDIARIESincluding text, OFFICERSgraphics, DIRECTORSinformation, EMPLOYEESlinks or other items are provided “as is,” “as available.” Further, AGENTSopinions, PARTNERSadvice, AND LICENSORS statements, offers, or other information or content made available through the Services, but not directly by xxxxxxxxxxxxxxxx.xxx are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. EMPATHY ALGORITHM LLC DOES NOT: (COLLECTIVELY1) WARRANT THE ACCURACY, “APPLE” FOR PURPOSES ADEQUACY OR COMPLETENESS OF THIS SECTION 13 INFORMATION AND 14MATERIALS; (2) DO NOT PROMISE ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN xxxxxxxxxxxxxxxx.xxx (3) WARRANT THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES YOUR USE OF THE FOREGOING), LABS, DTS SERVICES, SITE OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR UNINTERRUPTEDWILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT ; OR (INCLUDING FILES, INFORMATION OR OTHER DATA4) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING GIVE ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE TO THE EXTENT PERMITTED BY APPLICABLE LAW, EMPATHY ALGORITHM LLC EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE ACTSFOREGOING, OMISSIONS AND CONDUCT EMPATHY ALGORITHM LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY THIRD PARTIES KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER. WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, EMPATHY ALGORITHM LLC OR ITS INFORMATION PROVIDERS. IN CONNECTION NO EVENT WILL EMPATHY ALGORITHM LLC OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH OR RELATED REGARD TO SUCH INFORMATION. YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREREGULATIONS.

Appears in 1 contract

Samples: agency.empathyalgorithm.com

No Warranty. APPLE THE SOFTWARE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED "AS IS" AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES WITHOUT WARRANTY OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTEDKIND. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE COMPANY HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICESTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET EN]OYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURERISK.

Appears in 1 contract

Samples: End User License Agreement

No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, A) THE SERVICES ARE PROVIDED APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACYTITLE, NON- INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPLE DISCLAIMS THE COMPANY DOES NOT MAKE ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN PLATFORM AND THE PARTIESSERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. THE COMPANY ALSO SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE EXTENT TRUTH, ACCURACY AND COMPLETENESS OF ANY OF THE INFORMATION SET OUT IN THIS AGREEMENT AND THE WHITEPAPER. WE ARE NOT RESPONSIBLE FOR THE CRYPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF CRYPTOGRAPHIC TOKENS AS DENOMINATED IN ANY QUOTED CURRENCY. YOU UNDERSTAND AND AGREE THAT APPLE THE VALUE OF ANY CRYPTOGRAPHIC TOKEN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOGRAPHIC TOKENS, EVEN IF OUR SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, THE COMPANY MAKES ANY PRE-RELEASE SOFTWARENO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, HARDWARE SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR OTHER PRODUCTS, COMPLETENESS OF THE SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU ANY MATERIALS CONTAINED THEREIN. (B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKEPROVISION OF THIS TERMS WITH RESPECT TO CONSUMERS, OR SUCH PROVISION SHALL CONTINUE TO PUBLICLY ANNOUNCE OR INTRODUCE APPLY TO THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTUREMAXIMUM EXTENT AS PERMITTED BY LAW.

Appears in 1 contract

Samples: Teneo Terms of Service

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