Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED “AS IS”. TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED MATERIALS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE TO USE YOUR INDEPENDENT JUDGMENT IN DEVELOPING YOUR PRODUCTS AND DERIVATIVES OF THE LICENSED MATERIALS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY TI TO MAINTAIN PRODUCTION OF ANY TI SEMICONDUCTOR DEVICE OR OTHER HARDWARE OR SOFTWARE WITH WHICH THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF, MAY BE USED. IN NO EVENT SHALL TI, OR ITS LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF, REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR INTERRUPTION OF BUSINESS. IN NO EVENT WILL TI’S OR ITS LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF, EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (US$500) OR THE FEES PAID TO TI BY YOU FOR THE LICENSED MATERIALS UNDER THIS AGREEMENT. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, the above limitations or exclusions may not apply to you.
Warranties and Limitations. The Service and related documentation are provided with no warranty of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Notwithstanding our efforts to ensure that the service is secure, we cannot and do not warrant that all data transfers via the service will be free from monitoring or access by others. Except as specifically provided in this Agreement, you agree our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the system.
Warranties and Limitations. (a) The Purchaser shall be liable for any damage or destruction to the OctoNova(R) Apheresis Machine furnished through OccuLogix resulting from the Purchaser's or its physicians', employees', agents' or patients' mis-use, negligence or mishandling, theft or breach of this Agreement. OccuLogix warrants that at the time it installs the OctoNova(R) Apheresis Machine and after any maintenance or repairs performed by OccuLogix or its agents that the OctoNova(R) Apheresis Machine will be in proper working order in accordance with the manufacturer's specifications. Except as set forth in the preceding sentence, OccuLogix makes no warranties, express or implied with respect to the Products. The Products are provided and sold to Purchaser "as is, where is" and OccuLogix gives no warranty or representation of any kind whatsoever other than as otherwise provided hereby. OccuLogix expressly disclaims all representations, warranties, conditions and obligations relating to the Products, whether written, oral, statutory, implied, arising from a course of conduct or usage of trade or otherwise, including any warranty of non-infringement and any implied warranty of merchantable quality or fitness for a particular purpose. The parties expressly disclaim the application of the United Nations Convention on contracts for the International sale of goods. At all times during the Term of this Agreement while Purchaser is in possession of the Products, Purchaser shall have the benefits of any of OccuLogix's rights under applicable manufacturers' warranties with respect to the Products, if any, and, to the extent assignable, such warranties are hereby assigned during the Term of the Agreement by OccuLogix, including manufacturers' one year parts and labor warranty of the OctoNova(R) Apheresis Machine. Purchaser shall take all reasonable actions to enforce such warranties when available but will not attempt to repair the Products during the manufacturer's one-year warranty. Furthermore, notwithstanding the above limitations, OccuLogix acknowledges and agrees, at its option, to either repair, replace or refund any Kits which prove, upon examination by OccuLogix, to be defective in materials and/or workmanship. Purchaser must return the Kit to OccuLogix, transportation charges prepaid.
Warranties and Limitations. 11.1 Each of Cornell and LICENSEE represent and warrant that it has the right to enter into this Agreement. Cornell warrants that it has the right to convey to LICENSEE the rights granted under this Agreement.
Warranties and Limitations. WARRANTY: The Service/Equipment is warranted by Supra against defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Agreement. Said warranty shall pass through to Keyholder. Keyholder must return any defective system component under warranty to MLS at Company’s sole cost and expense. This warranty does not extend to any damage caused by accident, abuse, neglect or misuse of system components. Xxxxxxxxx agrees to cooperate with MLS and Xxxxx by performing diagnostic tests provided to Keyholder when Keyholder initially seeks warranty service. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE OF AND IN LIEU OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS REGARDS THE SERVICE/EQUIPMENT. MLS makes no representation or warranty that the Service, will prevent any loss by burglary or other criminal action, compromise or circumvention. The Service is not designed or marketed as a security system. Any loss, abuse or misuse of the Service will compromise its integrity.
Warranties and Limitations. 5.1. Representation. DUPONT REPRESENTS THAT IT HAS THE RIGHT TO GRANT THE RIGHTS GRANTED PURSUANT TO SECTIONS 2.1.1 AND 2.1.2 OF THIS AGREEMENT.
Warranties and Limitations. WARRANTY: The Service/Equipment is warranted by Supra against defects in workmanship and/or materials, to be fit for its intended purpose and to conform in all material respects to its written specifications for the term of the Agreement. Said warranty shall pass through to Company. Company must return any defective system component under warranty to MLS at Company’s sole cost and expense. This warranty does not extend to any damage caused by accident, abuse, neglect or misuse of system components. Company agrees to cooperate with MLS and Supra by performing diagnostic tests provided to Company when Company initially seeks warranty service. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE OF AND IN LIEU OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS REGARDS THE SERVICE/EQUIPMENT. MLS makes no representation or warranty that the Service will prevent any loss by burglary or other criminal action, compromise or circumvention. The Service is not designed or marketed as a security system. Any loss, abuse or misuse of the Service will compromise its integrity.
Warranties and Limitations. Xxxxxxxxx Type represents and warrants that the Fonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which You obtained the Fonts together with a copy of Your Sales Receipt. If the Font does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Font Software or the refund of the licence fee You paid for the Fonts, as an authorised officer of Xxxxxxxxx Type may elect. Xxxxxxxxx Type and its suppliers do not and cannot warrant the performance or results You may obtain by using the Fonts. It is Your responsibility to ensure that the Fonts are fit for Your purpose. Xxxxxxxxx Type expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Xxxxxxxxx Type does not warrant that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects. Without limiting the foregoing under no circumstances shall Xxxxxxxxx Type be liable to You or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data, or business interruption as a result of the use of or the inability to use the Fonts even if notified in advance of such possibility.
Warranties and Limitations. 9.1. This Agreement contains the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter.
Warranties and Limitations. As applicable to the Communication Service, any warranty provided by iCIMS under the Subscription Agreement shall be limited to use of the Communication Service in accordance with the Documentation and the specific terms set forth in this Communication Addendum, including Section 5 above. ALL WARRANTY EXCLUSIONS, DAMAGE THEORY EXCLUSIONS, AND LIABILITY LIMITATIONS SET FORTH IN THE SUBSCRIPTION AGREEMENT APPLY FULLY TO THE COMMUNICATION SERVICE AND ANY MATTER RELATED THERETO OR ARISING UNDER THIS COMMUNICATION ADDENDUM. TO THE EXTENT PERMITTED BY LAW, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE COMMUNICATION SERVICE.
