WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY Clause Samples

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6. 8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY SUBSCRIBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMN. 8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO SUBSCRIBER, ITS AFFILIATES OR USERS, INCLUDING EACH PARTY’S AFFILIATES, FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL...

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement. 8.2 Except as specifically set forth in the Agreement, Firmex and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. Further, Firmex and its licensors do not represent or warrant that: (a) the use of the Service will be uninterrupted or error-free, or operate in combination with any other hardware, software, system or data; (b) the Services will meet the requirements or expectations of the Subscriber or Guest Users; (c) any stored data in the Website will be accurate or reliable; (d) all errors or defects in the Technology and/or the Services will be corrected; or (e) the Services or the server(s) that make the Services available are free of viruses or other harmful components and. except as specifically set forth in the Agreement, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party intellectual property rights, are hereby disclaimed and excluded to the maximum extent permitted by applicable law by Firmex and its licensors. 8.3 Firmex shall not have any responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of the materials, or for obtaining rights to use or title to any materials. Firmex shall not be responsible or liable for the deletion, correction, destruction, damage, loss of any materials caused by subscriber or guest users, for their failure to store any materials, or for their misuse of the technology. 8.4 Except for direct damages neither party shall be liable to the other for any damages whatsoever (including without limitation loss of profits or other economic loss, or any indirect, exemplary, incidental, special or consequential damages, even if it has been advised of the possibility of such damages), and in no event shall liability for any damages exceed, in the aggregate, the total monthly fees payable by subscriber to Firmex in the 12 months immediately preceding the event which caused the damage or injury, less any amounts owning to Firmex by the subscriber. The exclusions and limitations in this Section shall apply regardless of whether any action is br...

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1 Deadline warrants that: (a) the Services will be performed by personnel (which may include independent contractors) who are in Deadline’s view suitably qualified and with reasonable skill, care and diligence; (b) the Services shall be performed in compliance with all applicable laws, enactments, orders, regulations and other similar instruments. 10.2 Deadline excludes to the fullest extent permitted by law all other warranties, conditions, guarantees or representations. 10.3 Nothing in this Agreement shall limit or seek to exclude a party’s liability for death, personal injury or fraudulent misrepresentation. 10.4 The total liability of Deadline under this Agreement howsoever arising, shall be limited to compensation, including legal fees and other relevant expenses, to a maximum of the amount of payments actually made at that date to Deadline by the Customer hereunder (the “Contract 10.4.1 Deadline shall not be liable in any event for any indirect, special, incidental or consequential losses or expenses or for any loss of data, loss of use of data or loss of profits, opportunity, 10.5 Deadline shall not be liable for any liabilities, losses or damages suffered by the Customer or any of its servants or agents or by any third party which arise directly or indirectly from use of the Customer’s Network. 10.6.1 Each party shall insure with a reputable insurance company against loss of or damage to

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with professional standards. 10.2. The Service Provider hereby accepts liability for and indemnifies and holds the Client harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, costs, expenses, or other liabilities, caused whether negligently or otherwise, by the non-compliance of the Service Provider and/or its employees of their duties and obligations under this Agreement, in delict for breach of statutory duty or otherwise. 10.3. The Client shall not be liable for any losses, damages, costs, claims and demands which the Service Provider may incur or sustain whilst carrying out or providing the tasks contemplated in this Agreement.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. You recognize that the CHD System is to be used only as a reference aid by research professionals. It is not intended to be a substitute for the exercise of professional judgment by you. THE CHD SYSTEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILEY AND SSSI NEITHER GIVE NOR MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS UNDER OR PURSUANT TO THIS LICENSE. Wiley and SSSI do not warrant, guarantee or make any representations that the functions contained in the CHD System will meet your particular requirements or that the operation of the CHD System will be uninterrupted or error free. The entire risk as to the results and performance of the CHD System is assumed you.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with international professional standards. The Service Provider shall in all professional matters act as a faithful advisor to COMPANY and, in so far as any of its duties are discretionary, act fairly between COMPANY and third parties. The Service Provider hereby accepts liability for and indemnifies and holds COMPANY harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, costs, expenses, or other liabilities, caused whether negligently or otherwise, by the non-compliance of the Service Provider and/or its employees of their duties and obligations under this Agreement, in delict for breach of statutory duty or otherwise. COMPANY shall not be liable for any losses, damages, costs, claims and demands which the Service Provider may incur or sustain whilst carrying out or providing the tasks contemplated in this Agreement.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 13.1. The Company warrants that it has sufficient knowledge and expertise in all aspects of the Services and has the level of skill and experience to perform the Services. The Company shall use its best endeavours as well as maintain the appropriate level of care and skill in performing all its obligations in terms of these terms and conditions. 13.2. The Company warrants that all information made available to it by the Client, including but not limited to any contracts signed, materials developed, personal information exchanged will be kept as strictly confidential and will not be divulged to any third parties (except for third party storage providers) without the written permission of the Client and will only be made available upon the death of the Client. The Company and its employees or agents will maintain the utmost secrecy in respect of all such information. 13.3. The Client warrants that it will not hold the Company, any of its directors, shareholders, employees or any persons associated with it, liable for any damages from the use of this service or which may arise unless the Company acted intentionally or was grossly negligent. 13.4. The Company shall not be responsible for, and the Client indemnifies it against, all claims arising out of any loss, injury or damage including but not limited to all forms of data breaches and suicide from the Services carried out as per these terms and conditions.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 PUBLISHER REPRESENTATIONS

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 1Warranties