Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 5 contracts

Samples: Sumo Logic Service Agreement, Sumo Logic Service Agreement, Sumo Logic Service Agreement

AutoNDA by SimpleDocs

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC ANY KIND, AND ITS LICENSORS N21 HEREBY DISCLAIMS ALL WARRANTIES AND THIRD PARTIES EXPRESSLY DISCLAIM CONDITIONS WITH RESPECT TO THE APPLICATION AND EXCLUDE ALL OTHER WARRANTIESANY SERVICES, EITHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, TITLEOF SATISFACTORY QUALITY, NON-INFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WARRANTIES IMPLIED FREEDOM FROM A COURSE PATENT INFRINGEMENT OR NON-INFRINGEMENT OF DEALING THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR COURSE OF PERFORMANCE SERVICES PERFORMED OR USAGE OF TRADE; ANDPROVIDED BY, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (B) YOUR USE THAT THE OPERATION OF THE SUMO LOGIC TECHNOLOGY APPLICATION OR SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION 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 (D) DATA PROVIDED THROUGH LIMITATIONS MAY NOT APPLY TO YOU. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY MONEY, OR NOT LOSE MONEY, AS A RESULT OF USING THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEAPPLICATIONS. SUMO LOGIC YOU UNDERSTAND AND ITS LICENSORS AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED THAT, TO THE PERFORMANCEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATION MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLEXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Appears in 5 contracts

Samples: License Agreement, License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) AGREE THAT YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUTUBE WEBSITE SHALL BE AT YOUR REQUIREMENTS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR EXPECTATIONSIMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (BII) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROROUR WEBSITE, (CIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS WILL BE CORRECTEDOR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY YOUTUBE WILL NOT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR TRANSACTION BETWEEN YOU AND THIRD-PARTY DATAPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 5 contracts

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

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED THE LIMITED WARRANTIES DESCRIBED ABOVE IN THIS AGREEMENT ARTICLE 6 (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY LIMITED WARRANTIES) ARE THE ONLY WARRANTIES ANCHORE MAKES WITH RESPECT TO THE PRODUCTS, SOFTWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, ANCHORE CONFIDENTIAL INFORMATION, AND OTHER ASPECTS OF CONTRACTUAL WAIVER): SUMO LOGIC THE MASTER AGREEMENT, AND, EXCEPT TO THE EXTENT OF SUCH WARRANTIES, ALL THE FOREGOING ARE PROVIDED “AS-IS” AND ITS LICENSORS “AS-AVAILABLE.” ANCHORE DOES NOT MAKE ANY OTHER WARRANTIES AND THIRD PARTIES EXPRESSLY DISCLAIM REPRESENTATIONS OF ANY KIND, AND EXCLUDE ALL HEREBY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES IMPLIED FROM A OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND. NO ADVICE OR INFORMATION, THE SUMO LOGIC TECHNOLOGYWHETHER ORAL OR WRITTEN, REPORTS, AND PROVIDED BY ANCHORE OR ANYONE ELSE WILL CREATE ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOINGCONDITION, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED EXCEPT TO THE PERFORMANCE, OPERATION OR SECURITY OF EXTENT EXPRESSLY STATED IN THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLMASTER AGREEMENT.

Appears in 5 contracts

Samples: License and Services Agreement, License and Services Agreement, License and Services Agreement

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY IS” AND CUSTOMER’S USE OF CONTRACTUAL WAIVER): SUMO LOGIC THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND ITS LICENSORS HEREBY SPECIFICALLY DISCLAIMS, AND THIRD PARTIES EXPRESSLY DISCLAIM CUSTOMER RELEASES AND EXCLUDE WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE OR FROM A COURSE OF DEALING, INCLUDINGCOURSE OF PERFORMANCE, WITHOUT LIMITATIONUSAGE OR TRADE PRACTICE, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USENONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND WARRANTIES IMPLIED FROM A COURSE ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDAVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO AVEPOINT DOES NOT REPRESENT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR WARRANT IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO YOU THAT: (A) YOUR USE COMPATIBILITY OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR EXPECTATIONSSYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDAVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, TIMELYDEFECTS, SECURE OR FREE FROM ERROR, (C) ALL ERRORS INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND (D) CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA PROVIDED THROUGH AND THE SUMO LOGIC TECHNOLOGY WILL RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE LIABLE TO CUSTOMER FOR ANY ISSUES DAMAGES RESULTING FROM OR RELATED TO THE PERFORMANCE, OPERATION OR SECURITY USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, OR THIRD-PARTY DATABUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, OR SERVICES PROVIDED IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLAW.

Appears in 5 contracts

Samples: Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY LICENSOR’S WARRANTY FOR THE DEVICE, IF ANY, IS STATED ON THE PURCHASE TERMS PROVIDED BY LICENSOR AND NOT IN THIS AGREEMENT (XXXX. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR MAKES NO WARRANTIES OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY REPRESENTATIONS TO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS OPERATION, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR INFORMATION SERVICES. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE UNINTERRUPTED. LIMITATION OF LIABILITY IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESSUPPLIERS BE LIABLE FOR ANY INDIRECT, EXPRESSPUNITIVE, IMPLIEDINCIDENTAL, SPECIAL, OR STATUTORYCONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES LOST PROFITS, ARISING OUT OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND IN ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) WAY CONNECTED WITH YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS SOFTWARE OR EXPECTATIONSANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SOFTWARE, (B) YOUR USE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDPOSSIBILITY OF DAMAGES. IN ADDITION, TIMELY, SECURE LICENSOR ASSUMES NO RESPONSIBILITY OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE LIABILITY FOR ANY ISSUES CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ACHIEVE USING THE SOFTWARE OR WHICH RELATE TO THE STORAGE OF ANY DATA OR FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY DATA. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE PERFORMANCESOFTWARE, OPERATION THE USE OR SECURITY OF INABILITY TO USE THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASOFTWARE, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT OWN, OPERATE OR CONTROLEXCEED IN THE AGGREGATE US$5,000.

Appears in 4 contracts

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

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ITEMS OR STATUTORYSOLUTION PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USEARISING BY USAGE OF TRADE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSPERFORMANCE, AND ANY OTHER INFORMATION IS PROVIDED FORWARD NETWOKS HEREBY DISCLAIMS THE SAME ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION BEHALF OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC ITSELF AND ITS LICENSORS AND THIRD PARTIES DO SUPPLIERS. FORWARD NETWORKS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THAT THE SOLUTION OR DOCUMENTATION WILL MEET CUSTOMER’S NEEDS OR REQUIREMENTS, THAT ANY CONTENT OR DATA GENERATED BY THE SOLUTION WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SOLUTION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS OR THAT ANY DEFECTS IN THE SOLUTION OR DOCUMENTATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE WHETHER ORAL OR WRITTEN, OBTAINED FROM FORWARD NETWORKS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLEXPRESSLY STATED IN THIS AGREEMENT.

Appears in 4 contracts

Samples: Customer License Agreement, Customer License Agreement, Master Services Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (SECTION 6 OR OTHERWISE REQUIRED SCHEDULE “C”, BLUECAT DOES NOT REPRESENT OR WARRANT THAT THE BLUECAT OFFERINGS, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY OR ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THEM. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.2, THIS SECTION 6, AND SCHEDULE “C”, THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE LAW, BLUECAT HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, EXPRESSCONDITIONS AND GUARANTEES, IMPLIEDEXPRESS OR IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR STATUTORYOTHERWISE), INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENTMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR COURSE OF PERFORMANCE UNINTERRUPTED USE. NO WRITTEN OR USAGE OF TRADE; ANDORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDCONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANT WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU THAT: (A) YOUR CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE ANY OF THE SUMO LOGIC TECHNOLOGY WILL BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR PROFESSIONAL SERVICES IS ACCURATE, OR CAN OR SHOULD BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE RELIED UPON BY CUSTOMER FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLPURPOSE WHATSOEVER.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Warranty Disclaimer. EXCEPT THE SOFTWARE IS PROVIDED "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORYIMPLIED , INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND WARRANTIES IMPLIED FROM A COURSE PERFORMANCE OF DEALING THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSWRITTEN MATERIALS ARE DEFECTIVE YOU, AND ANY OTHER INFORMATION NOT THE AUTHOR OR IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS IS PROVIDED ON AN "AS IS" BASIS WITHOUT THE ONLY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE AUTHOR ON THIS SOFTWARE PRODUCT. WITHOUT LIMITING NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE FOREGOINGAUTHOR, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT IT'S DEALERS, DISTRIBUTORS, AGENTS, OR WARRANT TO YOU THAT: (A) YOUR USE EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDTHIS WARRANTY, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEYOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLSTATE.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (SECTION 7.1, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REQUIRED BY APPLICABLE IN LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESOR EQUITY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDMAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO SIDEFX DOES NOT REPRESENT OR WARRANT TO YOU THAT: (Ai) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL MEET YOUR REQUIREMENTS LICENSEE'S NEEDS OR EXPECTATIONSREQUIREMENTS; ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY SECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), (B) YOUR USE OF REFERENCES TO SOFTWARE INCLUDE THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDWARRANTIES, AND (D) DATA PROVIDED THROUGH THERE ARE NO CONDITIONS, REGARDING THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOPEN SOURCE SOFTWARE.

Appears in 3 contracts

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

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND XPAND IT AND ITS LICENSORS AND THIRD PARTIES RESELLERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORYSTATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER XPAND IT NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY STORED DATA WILL BE UNINTERRUPTED, TIMELY, SECURE ACCURATE OR FREE FROM ERROR, RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (CE) ALL ERRORS OR DEFECTS WILL BE CORRECTED, AND ; OR (DF) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION FREE OF VIRUSES OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER HARMFUL COMPONENTS.

Appears in 3 contracts

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

Warranty Disclaimer. EXCEPT The Prototype may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Prototype. The Prototype may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION IS AT LICENSEE'S SOLE RISK. THE PROTOTYPE AND OTHER CONFIDENTIAL INFORMATION ARE PROVIDED "AS OTHERWISE IS" AND WITHOUT WARRANTY OF ANY KIND AND 3COM EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORYTERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY. 3COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROTOTYPE OR USEOTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR LICENSEE'S USE OR THAT THE OPERATION OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND WARRANTIES IMPLIED FROM A COURSE OR THAT DEFECTS IN THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, 3COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS PROTOTYPE OR EXPECTATIONSOTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, (B) YOUR ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY PORTION OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAPROTOTYPE OR OTHER CONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Licensee acknowledges that 3Com may not have publicly announced the availability of the Prototype, OR THIRD-PARTY DATAthat 3Com has not promised or guaranteed to Licensee that such Prototype will be announced or made available to anyone in the future, OR SERVICES PROVIDED BY THIRD PARTIESand that 3Com has no express or implied obligation to Licensee to announce or introduce the Prototype or any similar or compatible product, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLor to continue to offer or support the Prototype in the future.

Appears in 3 contracts

Samples: License and Confidentiality Agreement (Handspring Inc), License and Confidentiality Agreement (Handspring Inc), License and Confidentiality Agreement (Handspring Inc)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC COMPANY AND ITS LICENSORS AFFILIATES, AND THIRD PARTIES THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (AI) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SERVICES WILL MEET YOUR REQUIREMENTS BE SECURE OR EXPECTATIONSAVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (BII) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE ANY DEFECTS OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK, AND (DVI) DATA PROVIDED THROUGH IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS OF THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATESERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE PERFORMANCEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATION THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR SECURITY REFUND IN THE EVENT OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLANY DEFECT.

Appears in 3 contracts

Samples: Firstdigital Communications Universal Terms of Service, firstdigital.com, firstdigital.com

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESCONDITIONS, EXPRESS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, TITLEDURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, QUIET ENJOYMENT OR USEQUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, AND WARRANTIES IMPLIED OR FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC WE CANNOT AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT REPRESENT, WARRANT OR WARRANT TO YOU COVENANT THAT: (A) YOUR USE ANY OF THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL MEET YOUR REQUIREMENTS PURCHASER’S BUSINESS OR EXPECTATIONS, OTHER REQUIREMENTS; (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, PROVIDED WITHOUT INTERRUPTION; (C) ALL ERRORS THE PRODUCTS WILL BE CORRECTEDERROR-FREE, AND VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (D) DATA PROVIDED THROUGH ANY ERRORS IN THE SUMO LOGIC TECHNOLOGY WILL PRODUCTS CAN BE ACCURATECORRECTED OR FOUND IN ORDER TO BE CORRECTED. SUMO LOGIC MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND ITS LICENSORS EXCLUSIONS) WE DO NOT ENDORSE, AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAMAKE NO REPRESENTATION, OR THIRDWARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-PARTY DATAGEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES PROVIDED BY THIRD PARTIESINCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNMAPPING SERVICES, OPERATE OR CONTROLPOSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.

Appears in 3 contracts

Samples: Australian Terms Geoforce, Geoforce Canadian Terms and Conditions, Terms and Conditions

Warranty Disclaimer. EXCEPT AS OTHERWISE YOU EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY AGREE THAT YOUR USE OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, OVERTURE MARKETPLACE IS AT YOUR OWN RISK. THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION OVERTURE MARKETPLACE IS PROVIDED AVAILABLE ON AN "AS IS" BASIS BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR THE OVERTURE MARKETPLACE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITING LIMITATION (1) ANY WARRANTIES AS TO THE FOREGOINGAVAILABILITY, SUMO LOGIC ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND ITS LICENSORS AND THIRD PARTIES (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT REPRESENT OR WARRANT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDSPECIFIC LEGAL RIGHTS, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLSTATE.

Appears in 3 contracts

Samples: Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc), Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc), Advertiser Terms and Conditions (Corporate Road Show Dot Com Inc)

Warranty Disclaimer. EXCEPT THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS OTHERWISE EXPRESSLY STATED IS," WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS AGREEMENT (OR OTHERWISE REQUIRED THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, TURNITIN, ITS AFFILIATES, VENDORS AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF MERCHANTABILITYINFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR USE, CONTROL THE INTERNET AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (AI) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS VIRUSES, WORMS, TROJAN HORSES, OR EXPECTATIONSOTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., (BHACKERS) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCESUCH ACTIVITIES. Turnitin is not obligated to, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAmonitor or review any areas of the Site where user Communications may be made available, OR THIRD-PARTY DATAincluding, OR SERVICES PROVIDED BY THIRD PARTIESbut not limited to, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNchat rooms, OPERATE OR CONTROLbulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of Turnitin. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Turnitin retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. Turnitin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. Turnitin is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Appears in 3 contracts

Samples: User Agreement, cdn.scribbr.com, www.fsusd.org

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND DIGITAL SAMBA AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. DIGITAL SAMBA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DIGITAL SAMBA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER DIGITAL SAMBA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY STORED DATA WILL BE UNINTERRUPTED, TIMELY, SECURE ACCURATE OR FREE FROM ERROR, RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (CE) ALL ERRORS OR DEFECTS WILL BE CORRECTED, AND ; OR (DF) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION FREE OF VIRUSES OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER HARMFUL COMPONENTS.

Appears in 3 contracts

Samples: Samba Customer Agreement, Samba Customer Agreement, Samba Customer Agreement

Warranty Disclaimer. EXCEPT AS SPECIFICALLY STATED OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (AGREEMENT, SECTIGO AND THE INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE SECTIGO SSL WEB SERVER CERTIFICATION AUTHORITIES, INCLUDING ANY RESELLERS, CO- MARKETERS, OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ANY OF THE FOREGOING EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WARRANTIES IN THE CERTIFICATION SERVICES WETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGBY USAGE OF TRADE, WITHOUT LIMITATION, OR OTHERWISE. THIS DISCLAIMER IS EFFECTIVE TO THE IMPLIED MAXIMUM EXTENT ALLOWED BY LAW AND INCLUDES ALL WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, AND WARRANTIES IMPLIED FROM A COURSE NON-INFRINGEMENT. THE CERTIFICATION SERVICES ARE NOT TO BE USED FOR, OR RELIED UPON AS, CONTROL EQUIPMENT IN HAZARDOUS CIRCUMSTANCES OR CIRCUMSTANCES REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS OPERATION OF DEALING NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COURSE COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, WEAPONS CONTROL SYSTEMS, OR WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE ENVIRONMENTAL DAMAGE, EACH OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION WHICH IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR UNAUTHORIZED USE OF A CERTIFICATE AND FOR WHICH A CERTIFICATE IS NEITHER DESIGNED NOR INTENDED. SECTIGO DOES NOT WARRANT THAT 1) THE SUMO LOGIC TECHNOLOGY CERTIFICATION SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (BYOUR EXPECTATIONS OR 2) YOUR USE OF THAT ACCESS TO THE SUMO LOGIC TECHNOLOGY CERTIFICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASECURE, OR THIRDERROR-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLFREE.

Appears in 3 contracts

Samples: Relying Party Agreement, Relying Party Agreement, Relying Party Agreement

Warranty Disclaimer. EXCEPT 8.1 BANK WARRANTS THAT THE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE SERVICES INDUSTRY, AS OTHERWISE EXPRESSLY STATED APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY NATURE WITH RESPECT TO THE SUBJECT MATTER OF THIS SS AGREEMENT. BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND THIRD PARTIES EXPRESSLY DISCLAIM YOU WAIVE AND EXCLUDE ALL RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER WARRANTIESREPRESENTATIONS, EXPRESSWARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR STATUTORYOTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, OR OTHER MATTERS PROVIDED UNDER THIS SS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEAPPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, (C) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (D) ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR CONDITION OF ANY KINDFREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC AND NEITHER BANK, ITS SERVICE PROVIDERS NOR ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE THAT OPERATION OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS SOFTWARE OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY RDC SERVICE WILL BE UNINTERRUPTEDERROR-FREE, TIMELY, SECURE THAT ITS OPERATION WILL BE UNINTERRUPTED OR FREE FROM ERROR, (C) THAT ALL DEFICIENCIES OR ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 3 contracts

Samples: Ss Agreement, Ss Agreement, Ss Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, BY OPERATION OF LAW, STATUTORY OR STATUTORY, INCLUDING, WITHOUT LIMITATION, OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR USENONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; ANDSERVICES, THE SUMO LOGIC TECHNOLOGYSYSTEM CONTENT, REPORTSDOCUMENTATION, AND ANY OTHER INFORMATION IS DELIVERABLES PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY HMH HEREUNDER. HMH DOES NOT WARRANT OR CONDITION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS SYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR EXPECTATIONSOTHERWISE, (B) YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELATIONSHIP OF ANY KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE OPERATION OF THE SUMO LOGIC TECHNOLOGY SERVICES WILL BE UNINTERRUPTED, TIMELYVIRUS-FREE OR ERROR-FREE. FURTHER, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDHMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL HMH SHALL NOT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE HELD LIABLE FOR ANY ISSUES RELATED DAMAGES TO THE PERFORMANCE, OPERATION OR SECURITY CUSTOMER RESULTING FROM ACTIONS OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY SUCH THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 3 contracts

Samples: Products and Services, Terms and Conditions, Products and Services

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS PATENT LICENSE AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY IN THE SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FITNESS INCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, WITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; ANDWARRANTY THAT ANY PATENT, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION PRACTICE OF ANY KINDINVENTION CLAIMED IN AN PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVE MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY WHO IS NOT AN AFFILIATE OF THE PURDUE COMPANIES. WITHOUT LIMITING IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE FOREGOINGPURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, SUMO LOGIC AND ITS LICENSORS AND EXPRESS OR IMPLIED, TO IMPAX IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, IMPAX WILL NOT GIVE ANY SUCH GUARANTEE OR WARRANTY TO ANY THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE ON BEHALF OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLPURDUE COMPANIES.

Appears in 3 contracts

Samples: Patent License Agreement (Impax Laboratories Inc), Patent License Agreement (Impax Laboratories Inc), Patent License Agreement (Impax Laboratories Inc)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN CARAHSOFT DOES NOT WARRANT THAT THE SERVICES PERFORMED UNDER THIS AGREEMENT OR ANY SERVICE ORDER WILL: A) BE UNINTERRUPTED OR ERROR-FREE OR THAT CARAHSOFT WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZEIND THIRD-PARTY ACCESS; (B) DETECT OR IDENTIFY ALL SECURITY OR NETWORK THREATS TO, OR VULNERABILITIES OF END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS; (C) PREVENT INTRUSIONS INTO OR ANY DAMAGE TO END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS INCLUDING LOSS OF DATA; (D) RETURN CONTROL OF END USER OR THIRD-PARTY SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED; OR (E) MEET OR HELP END USER MEET ANY INDUSTRY STANDARD OR ANY OTHER REQUIREMENTS INCLUDING THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE REQUIRED BY SET FORTH IN A SERVICE ORDER. THE WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL CARAHSOFT PRODUCTS AND SERVICESS IN EACH APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC SERVICE ORDER ARE THE EXCLUSIVE WARRANTIES FROM CARAHSOFT AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE REPLACE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE. CARAHSOFT’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAMODIFICATION, OR THIRD-PARTY DATADAMAGE NOT CAUSED BY CARAHSOFT OR ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY XXXXXXXXX, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLAS OTHERWISE STATED IN CARAHSOFT’S PUBLISHED POLICY.

Appears in 3 contracts

Samples: E1 Service Agreement, N2 Service Agreement, N1 Service Agreement

Warranty Disclaimer. EXCEPT THE PRODUCTS ARE PROVIDED DURING THE EVALUATION PERIOD ON AN "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER IS" BASIS. PHOENIX MAKES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEOF MERCHANTABILITY, AND WARRANTIES IMPLIED OR ARISING FROM A COURSE OF DEALING DEALING, USAGE OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSTRADE PRACTICE. LICENSEE ACKNOWLEDGES THAT EVALUATION SOFTWARE IS PROVIDED SOLELY FOR EVALUATION USE AND TESTING, AND THAT EVALUATION SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY PHOENIX. NOTWITHSTANDING ANY OTHER INFORMATION PROVISION, EVALUATION SOFTWARE IS PROVIDED ON AN "AS IS" BASIS ", “AS-AVAILABLE”, WITHOUT WARRANTY WARRANTY, REPRESENTATION OR CONDITION INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR ACCURACY OF EVALUATION SOFTWARE. WITHOUT LIMITING PHOENIX IS NOT LIABLE FOR LOSS OF DATA OR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE FOREGOINGEVALUATION TESTING PERIOD. PHOENIX DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, SUMO LOGIC OR THAT THE QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; ERRORS OR DEFECTS WILL BE CORRECTED; OR THE SERVICE OR SERVER USED TO PROVIDE HOSTED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR OTHER PROBLEMS INHERENT IN THE USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, INTERNET AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEELECTRONIC COMMUNICATIONS. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE PHOENIX IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCERESULTING DELAYS, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATADELIVERY FAILURE, OR THIRD-PARTY DATA, DAMAGES. LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLACCOMPLISHING ANY OBJECTIVES FOR WHICH LICENSEE USES EVALUATION SOFTWARE.

Appears in 3 contracts

Samples: Software Evaluation Agreement, Software Evaluation Agreement, Software Evaluation Agreement

Warranty Disclaimer. EXCEPT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT POSSIBILITY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, IMPLIEDCOURSE OF DEALING, USAGE OF TRADE OR STATUTORYOTHERWISE, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES IMPLIED FROM A ARISING BY COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE CUSTOM OF TRADE; AND, . NO WARRANTY IS MADE THAT (i) THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (Bii) YOUR USE OF ACCESS TO THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR-FREE, (Ciii) ALL ERRORS RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE CORRECTEDACCURATE OR RELIABLE, AND OR (Div) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY SOFTWARE IS OR WILL BE ACCURATEFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO. SUMO LOGIC Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS LICENSORS AND THIRD PARTIES ARE SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT RESPONSIBLE IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ISSUES RELATED TO THE PERFORMANCELOSS OR INJURY OR ANY DIRECT, OPERATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SECURITY SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASOFTWARE OR THE PRODUCT, PERFORMANCE OR THIRDNON-PARTY DATAPERFORMANCE OF THE SOFTWARE OR PRODUCT, OR SERVICES PROVIDED BY THIRD PARTIESERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY, ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA OVER NETWORKS GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS, AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT SUMO LOGIC YOU RESIDE IN A JURISDICTION THAT DOES NOT OWNALLOW THE WAIVE OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, OPERATE IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR CONTROLRELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: License Agreement, User License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT, LICENSOR MAKES NO OTHER REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, UNDER THIS AGREEMENT INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY OF THE INVENTION(S) CLAIMED IN THE LICENSED PATENT, OR FROM MANUFACTURE OR SALE OF ANY PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR SHALL HAVE NO RESPONSIBILITY UNDER ANY LEGAL PRINCIPLE TO LICENSEE OR TO OTHERS FOR THE ABILITY OR INABILITY OF LICENSEE TO USE THE LICENSED PATENT; FOR THE QUALITY OR PERFORMANCE OF ANY PRODUCTS MANUFACTURED OR METHODS PRACTICED UNDER THE LICENSED PATENT; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY ARE A FUNDAMENTAL PART OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES BASIS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEEACH PARTY’S BARGAIN HEREUNDER, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-NEITHER PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLWOULD ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS.

Appears in 3 contracts

Samples: Form of Patent License Agreement (Vishay Precision Group, Inc.), Form of Patent License Agreement (Vishay Precision Group, Inc.), Form of Patent License Agreement (Vishay Precision Group, Inc.)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT SECTION 12 (OR OTHERWISE REQUIRED BY APPLICABLE LAW LIMITED WARRANTY), MATCHBOOK AND ANY REPORTS GENERATED FROM MATCHBOOK ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ANY KIND. SBIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSGUARANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR STATUTORY, WRITTEN) INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, AND THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE, OR BY COURSE OF DEALING. SBIS MAKES NO REPRESENTATION OR WARRANTY THAT MATCHBOOK OR ANY REPORT GENERATED FROM MATCHBOOK IS FIT FOR ANY PARTICULAR PURPOSE OR USETHAT THE OPERATION OF MATCHBOOK, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; ANDTHE UNDERLYING VALUATION TOOLS, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS THAT DEFECTS IN MATCHBOOK WILL BE CORRECTED. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF MATCHBOOK IS AT USER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SBIS OR SBIS’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN SECTION 12. SBIS MAKES NO WARRANTY AS TO THE ADEQUACY OR CAPACITY OF ANY HARDWARE OR THIRD PARTY SOFTWARE TO ATTAIN SOME OR ALL OF THE PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, INCLUDING BUT NOT LIMITED TO THE TYPE OF NETWORK, THE AMOUNT OF TOTAL NETWORK TRAFFIC, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY TYPE AND PATTERN OF USAGE OF MATCHBOOK ON THE NETWORK, WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO IMPACT THE PERFORMANCE, OPERATION OR SECURITY PERFORMANCE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLMATCHBOOK.

Appears in 2 contracts

Samples: Matchbook User License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC ALL PRODUCTS ARE PROVIDED “AS-IS,” AND APPSPACE AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. APPSPACE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF APPSPACE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER APPSPACE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY STORED DATA WILL BE UNINTERRUPTED, TIMELY, SECURE ACCURATE OR FREE FROM ERROR, RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (CE) ALL ERRORS OR DEFECTS WILL BE CORRECTED, AND ; OR (DF) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES PRODUCTS (OR ANY SERVER(S) THAT MAKE A SUBSCRIPTION SERVICES AVAILABLE) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION FREE OF VIRUSES OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER HARMFUL COMPONENTS.

Appears in 2 contracts

Samples: Appspace End User Agreement, Appspace End User Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESCONDITIONS, EXPRESS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, TITLEDURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, QUIET ENJOYMENT OR USEQUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, AND WARRANTIES IMPLIED OR FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC WE CANNOT AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT REPRESENT, WARRANT OR WARRANT TO YOU COVENANT THAT: (A) YOUR USE ANY OF THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL MEET YOUR REQUIREMENTS BUSINESS OR EXPECTATIONS, OTHER REQUIREMENTS; (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, PROVIDED WITHOUT INTERRUPTION; (C) ALL ERRORS THE PRODUCTS WILL BE CORRECTEDERROR-FREE, AND VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (D) DATA PROVIDED THROUGH ANY ERRORS IN THE SUMO LOGIC TECHNOLOGY WILL PRODUCTS CAN BE ACCURATECORRECTED OR FOUND IN ORDER TO BE CORRECTED. SUMO LOGIC MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND ITS LICENSORS EXCLUSIONS) WE DO NOT ENDORSE, AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAMAKE NO REPRESENTATION, OR THIRD-PARTY DATAWARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON- GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES PROVIDED BY THIRD PARTIESINCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNMAPPING SERVICES, OPERATE OR CONTROLPOSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.

Appears in 2 contracts

Samples: End User Agreement, Geotab End User Agreement

Warranty Disclaimer. EXCEPT (a) THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW WITHOUT POSSIBILITY LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF CONTRACTUAL WAIVER): SUMO LOGIC ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND THIRD PARTIES SERVICE PROVIDERS, EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGOR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, THE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE, OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDTRADE PRACTICE. WITHOUT LIMITING LIMITATION TO THE FOREGOING, SUMO LOGIC THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE MAKES NO REPRESENTATION OF ANY KIND THAT THE SUMO LOGIC TECHNOLOGY LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR EXPECTATIONSWORK WITH ANY OTHER SOFTWARE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE UNINTERRUPTEDERROR FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 2 contracts

Samples: Cobalt End User License Agreement, User License Agreement

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND TTI AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. TTI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TTI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER TTI NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY STORED DATA WILL BE UNINTERRUPTED, TIMELY, SECURE ACCURATE OR FREE FROM ERROR, RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (CE) ALL ERRORS OR DEFECTS WILL BE CORRECTED, AND ; OR (DF) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION FREE OF VIRUSES OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER HARMFUL COMPONENTS.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE AND IN CASES OF SECTION 6.1A, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY IS” AND CUSTOMER’S USE OF CONTRACTUAL WAIVER): SUMO LOGIC THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND ITS LICENSORS HEREBY SPECIFICALLY DISCLAIMS, AND THIRD PARTIES EXPRESSLY DISCLAIM CUSTOMER RELEASES AND EXCLUDE WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE OR FROM A COURSE OF DEALING, INCLUDINGCOURSE OF PERFORMANCE, WITHOUT LIMITATIONUSAGE OR TRADE PRACTICE, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USENONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND WARRANTIES IMPLIED FROM A COURSE ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDAVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO AVEPOINT DOES NOT REPRESENT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR WARRANT IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO YOU THAT: (A) YOUR USE COMPATIBILITY OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR EXPECTATIONSSYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDAVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, TIMELYDEFECTS, SECURE OR FREE FROM ERROR, (C) ALL ERRORS INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND (D) CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA PROVIDED THROUGH AND THE SUMO LOGIC TECHNOLOGY WILL RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE LIABLE TO CUSTOMER FOR ANY ISSUES DAMAGES RESULTING FROM OR RELATED TO THE PERFORMANCE, OPERATION OR SECURITY USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, OR THIRD-PARTY DATABUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, OR SERVICES PROVIDED IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLAW.

Appears in 2 contracts

Samples: Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (SECTION 7.1, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REQUIRED BY APPLICABLE IN LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESOR EQUITY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDMAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO SIDEFX DOES NOT REPRESENT OR WARRANT TO YOU THAT: (Ai) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL MEET YOUR REQUIREMENTS LICENSEE'S NEEDS OR EXPECTATIONSREQUIREMENTS; (ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY SECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), (B) YOUR USE OF REFERENCES TO SOFTWARE INCLUDE THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDWARRANTIES, AND (D) DATA PROVIDED THROUGH THERE ARE NO CONDITIONS, REGARDING THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOPEN SOURCE SOFTWARE.

Appears in 2 contracts

Samples: Effects Software License Agreement, Effects Software License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR OTHERWISE REQUIRED TERM IMPOSED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESS, IMPLIEDGUARANTEES, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, CONDITIONS WITH RESPECT TO THE IMPLIED SOFTWARE OR ANY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENTSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON- INFRINGEMENT, TITLE, QUALITY, OR USESUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND ANY WARRANTIES IMPLIED ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDTRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NUIX DOES NOT REPRESENT WARRANT THAT THE SOFTWARE OR WARRANT TO YOU THAT: (A) YOUR OTHER PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SUMO LOGIC TECHNOLOGY SOFTWARE OR OTHER PRODUCTS WILL MEET YOUR REQUIREMENTS BE SECURE, TIMELY, UNINTERRUPTED OR EXPECTATIONSERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, (B) YOUR THE SOFTWARE AND OTHER PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDSOFTWARE OR ANY OTHER PRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, TIMELYCONDITIONS, SECURE WARRANTIES OR FREE FROM ERRORTERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, (C) CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATALIMITATIONS IN THIS SECTION 12 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR THIRDMODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-PARTY DATAEXCLUDABLE PROVISION"), OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.SUBJECT TO SECTION 13.3.‌

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MATERIA EXPRESSLY DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MATERIA TECHNOLOGY OR THE MATERIA CONFIDENTIAL INFORMATION AND OTHER MATTERS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF TECHNOLOGY, PATENTED OR UNPATENTED, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATERIA DOES NOT WARRANT OR GUARANTEE THE OUTCOME OF ANY RESEARCH ACTIVITY OF RENEGADE BASED ON THE MATERIA TECHNOLOGY, AND MATERIA SHALL HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR TECHNICAL ASSISTANCE UNDER THIS AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (HEREIN. ALL MATERIA TECHNOLOGY IS LICENSED HEREUNDER ON AN “AS IS” BASIS AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, MATERIA WILL HAVE NO LIABILITY FOR ANY LOSS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESDAMAGE RELATING TO OR RESULTING FROM THE MANUFACTURE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING SALE OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION IMPORTATION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT PRODUCTS BY OR WARRANT TO YOU THAT: (A) YOUR USE ON BEHALF OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS RENEGADE OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLSUBLICENSEE.

Appears in 2 contracts

Samples: License Agreement (Aileron Therapeutics Inc), License Agreement (Aileron Therapeutics Inc)

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND XPAND IT AND ITS LICENSORS AND THIRD PARTIES PARTNERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORYSTATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER XPAND IT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL DOWNLOADD OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY STORED DATA WILL BE UNINTERRUPTED, TIMELY, SECURE ACCURATE OR FREE FROM ERROR, RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (CE) ALL ERRORS OR DEFECTS WILL BE CORRECTED, AND ; OR (DF) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION FREE OF VIRUSES OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER HARMFUL COMPONENTS.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY SECTION 7, THE SUBSCRIPTION SERVICES AND THIRD PARTY SOFTWARE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. CUSTOMER’S USE OF CONTRACTUAL WAIVER): SUMO LOGIC THE SUBSCRIPTION SERVICES AND ANY THIRD PARTY SOFTWARE IS AT ITS OWN RISK. NEITHER PROVIDER NOR ANY THIRD PARTY SOFTWARE LICENSOR MAKES, AND PROVIDER AND ITS THIRD PARTY SOFTWARE LICENSORS HEREBY DISCLAIM, ANY AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, PERFORMANCE, ACCURACY, RELIABILITY, ACCURACY OF DATA, QUIET ENJOYMENT, OPERABILITY, CONDITION, INTEGRATION, TITLE, NON-INTERFERENCE AND NON-INFRINGEMENT. FURTHER, FITNESS FOR A PARTICULAR PURPOSE NEITHER PROVIDER NOR ANY THIRD PARTY SOFTWARE LICENSOR WARRANTS, GUARANTEES, OR USEMAKES ANY REPRESENTATIONS THAT THE SUBSCRIPTION SERVICES OR THIRD PARTY SOFTWARE WILL BE FREE FROM DEFECTS, AND WARRANTIES IMPLIED FROM A COURSE WHETHER LATENT OR PATENT, BUGS OR THAT THE SUBSCRIPTION SERVICES OR THIRD PARTY SOFTWARE OR RESULTS OF DEALING THE USE THEREOF, WILL MEET CUSTOMER’S OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS PERSON’S REQUIREMENTS, OPERATE WITHOUT WARRANTY INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR CONDITION OF WORK WITH ANY KIND. WITHOUT LIMITING SOFTWARE, SYSTEM OR OTHER SERVICES, OR THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND SUBSCRIPTION SERVICES OR THIRD PARTIES DO NOT REPRESENT PARTY SOFTWARE OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY WRITTEN MATERIALS WILL BE UNINTERRUPTEDCORRECT, TIMELYACCURATE, SECURE OR RELIABLE, FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAHARMFUL CODE, OR THIRDERROR-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION FREE. THIS DISCLAIMER OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLWARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Software Services Agreement, Software Services Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED AGREEMENT, THE SOFTWARE PLATFORM, DOCUMENTATION, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED BY APPLICABLE LAW KION “AS IS” AND “WITH ALL FAULTS” AND WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGOR ARISING FROM ANY COURSE OF DEALING, WITHOUT LIMITATION, THE USAGE OR TRADE PRACTICE. KION SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE NON- INTERFERENCE, ACHIEVEMENT OF CUSTOMER’S REQUIREMENTS OR USEINTENDED RESULTS, OR COMPATIBILITY WITH ANY OTHER SOFTWARE, SERVICE, TECHNOLOGY OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT KION MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE PLATFORM OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY DOCUMENTATION WILL BE UNINTERRUPTEDSECURE, TIMELYACCURATE, SECURE COMPLETE, ERROR-FREE, FAIL-SAFE, FREE OF HARMFUL CODE OR FREE FROM ERROR, (C) UNINTERRUPTED OR THAT ALL ERRORS DEFECTS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATASOFTWARE, OR SERVICES OPEN-SOURCE COMPNENTS AND ANY OTHER THIRD-PARTY MATERIALS ARE PROVIDED BY THIRD PARTIES, OR TRANSMISSION “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLANY KIND.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC THE PLATFORM, BUYER DATA, AND ASSESSMENTS ARE PROVIDED TO SUPPLIER AND ITS LICENSORS USERS SOLELY AND THIRD PARTIES EXPRESSLY DISCLAIM EXCLUSIVE ON AN “AS IS” WITHOUT WARRANTIES OF ANY KIND. SUPPLIER ASSUMES ALL RISKS AND EXCLUDE ALL OTHER LIABILITIES PERTAINING TO ITS USE OF THE PLATFORM AND ITS COMMERCIAL OR BUSINESS RELATIONSHIP WITH THE BUYER. SUPPLYSHIFT MAKES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PLATFORM WILL MEET YOUR REQUIREMENTS BE UNINTERRUPTED OR EXPECTATIONSERROR- FREE, (B) YOUR TIMELY, OR SECURE. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SUMO LOGIC TECHNOLOGY WILL INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO BUYER DATA OR A BUYER’S DECISIONS BASED ON COMPLETED ASSESSMENTS. SUPPLIER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED LIMITED TO THE PERFORMANCESHORTEST PERIOD PERMITTED BY LAW. SUPPLYSHIFT IS NOT A PARTY TO, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR A THIRD-PARTY DATABENEFICIARY OF, OR SERVICES PROVIDED BY THIRD PARTIES, A GUARANTOR OF PERFORMANCE WITH RESPECT TO ANY BUYER OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE SUPPLIER OR CONTROLANY TRANSACTION BETWEEN A BUYER AND ANY SUPPLIER.

Appears in 2 contracts

Samples: Platform Access Agreement, Platform Access Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AGREEMENT, THE PLATFORM, SUPPLIER DATA, SUPPLYSHIFT CONTENT, THIRD-PARTY CONTENT, ASSESSMENT TEMPLATES, AND ITS LICENSORS ALL TECHNICAL SERVICES ARE PROVIDED “AS IS” AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL SUPPLYSHIFT MAKES NO OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PLATFORM WILL MEET YOUR REQUIREMENTS BE UNINTERRUPTED OR EXPECTATIONSERROR- FREE, (B) YOUR NOR DOES SUPPLYSHIFT WARRANT THAT IT WILL REVIEW THE ASSESSMENTS, SUPPLIER DATA, THIRD-PARTY CONTENT, OR BUYER DATA FOR ACCURACY. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE INTERNET AND ELECTRONIC COMMUNICATIONS OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY CONTENT OR SUPPLIER DATA. BUYER MAY HAVE OTHER STATUTORY RIGHTS, OR SERVICES PROVIDED BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLAW.

Appears in 2 contracts

Samples: Platform Access Agreement, Platform Access Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS” BASIS WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND ITS LICENSORS SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND THIRD PARTIES EXPRESSLY DISCLAIM RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES AND EXCLUDE ALL OTHER WARRANTIESCONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR USECOMPLETENESS OF RESPONSES, OF RESULTS, AND WARRANTIES IMPLIED FROM A COURSE LACK OF DEALING NEGLIGENCE OR COURSE LACK OF PERFORMANCE OR USAGE OF TRADE; ANDWORKMANLIKE EFFORT, ALL WITH REGARD TO THE SUMO LOGIC TECHNOLOGY, REPORTS, SOFTWARE AND ANY OTHER INFORMATION ASSOCIATED DOCUMENTATION. THERE IS PROVIDED ON AN "AS IS" BASIS WITHOUT NO WARRANTY OR CONDITION OF ANY KINDTITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. WITHOUT LIMITING THE FOREGOINGENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, SUMO LOGIC IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND ITS LICENSORS AND THIRD PARTIES JURISDICTIONS DO NOT REPRESENT OR WARRANT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU THAT: (A) YOUR USE OF YOU. THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL FOREGOING PROVISIONS SHALL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED ENFORCEABLE TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED MAXIMUM EXTENT PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLAPPLICABLE LAW.

Appears in 2 contracts

Samples: User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT THE PLATFORM IS PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESWARRANTY, EXPRESS, IMPLIEDREPRESENTATION, OR STATUTORYGUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USE, NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SUMO LOGIC TECHNOLOGYSOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. TDSL, REPORTSOUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES CONTENT PROVIDERS DO NOT REPRESENT OR WARRANT TO YOU THAT: (AI) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS PLATFORM IS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORAVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (CII) ALL ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED, AND ; (DIII) DATA PROVIDED ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SUMO LOGIC TECHNOLOGY PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE PLATFORM PROVIDED BY US WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO MEET YOUR REQUIREMENTS(VII) THE PERFORMANCE, OPERATION OR SECURITY USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAPLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR THIRD-PARTY DATABEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.REIMBURSEMENT;

Appears in 2 contracts

Samples: Legal Agreement, Legal Agreement

Warranty Disclaimer. EXCEPT THE AMERILYZER AND DOCUMENTATION ARE PROVIDED TO AUTHORIZED USER “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW WITHOUT POSSIBILITY LAW, AMERILIFE, ON ITS OWN BEHALF AND ON BEHALF OF CONTRACTUAL WAIVER): SUMO LOGIC ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND THIRD PARTIES SERVICE PROVIDERS, EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR STATUTORYOTHERWISE, WITH RESPECT TO THE AMERILYZER AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, THE ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE, OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDTRADE PRACTICE. WITHOUT LIMITING LIMITATION TO THE FOREGOING, SUMO LOGIC THE AMERILIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE MAKES NO REPRESENTATION OF ANY KIND THAT AMERILYZER WILL MEET THE AUTHORIZED USER’S REQUIREMENTS, MEET THE REQUIREMENTS OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS FIDUCIARY RULE OR EXPECTATIONSOTHER APPLICABLE LAW RELATED TO THE SALE OF INSURANCE PRODUCTS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTEDCOMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, TIMELY, SECURE MEET ANY PERFORMANCE OR FREE FROM ERRORRELIABILITY STANDARDS OR BE ERROR FREE, (C) ALL OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 2 contracts

Samples: Accessing Amerilyzer, pip1.com

Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT SET FORTH HEREIN, THE SERVICES ON THW APP /THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR USESTATUTORY.WE AND OUR VENDORS DO NOT WARRANT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND EXPRESSLY DISCLAIM ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING REPRESENTATION THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF SERVICES ON THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF APP/THE SUMO LOGIC TECHNOLOGY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORSECURED, (C) ALL ERRORS ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP/THE WEBSITEAND THE SERVICES PROVIDED THEREON ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (DI) DATA PROVIDED THAT OUR SERVICES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEAPP AND/OR THE WEBSITE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.WE FURTHER NOTIFY YOU THAT:

Appears in 2 contracts

Samples: Terms Of, Terms Of

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED FOR THE EXPRESS WARRANTIES INCLUDED IN THIS AGREEMENT (SECTION 8, THE PLATFORM, THE REPORTS, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR OTHERWISE REQUIRED MADE AVAILABLE BY APPLICABLE LAW WITHOUT POSSIBILITY OR ON BEHALF OF CONTRACTUAL WAIVER): SUMO LOGIC IRONSCALES HEREUNDER ARE PROVIDED ON AN "AS IS" AND ITS LICENSORS "AS AVAILABLE" BASIS, AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE IRONSCALES HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, ACCURACY, QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR USE, AND WARRANTIES IMPLIED THAT OTHERWISE ARISE FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC IRONSCALES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THATWARRANTIES: (A) YOUR USE OF THAT THE SUMO LOGIC TECHNOLOGY PLATFORM WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, FULFILL ANY OF CUSTOMER’S NEEDS; (B) YOUR USE REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, PASSING OR TRANSMISSION OF DATA OVER VIA ANY NETWORKS THAT SUMO LOGIC DOES OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS, AND IRONSCALES WILL NOT OWNBE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, OPERATE INTERRUPTIONS, SERVICE FAILURES OR CONTROLOTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS. TO THE EXTENT IRONSCALES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY NEITHER PROJECT DATA SPHERE NOR ANY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESOF TECHNOLOGY OR DATA, NOR ITS HOSTING PLATFORM PROVIDER MAKES ANY WARRANTY, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDINGREGARDING THE DATABASE, WITHOUT LIMITATIONTHE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE PLATFORM. PROJECT DATA SPHERE (ON BEHALF OF ITSELF, EACH LICENSOR OF TECHNOLOGY OR DATA AND ITS HOSTING PLATFORM PROVIDER) SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING AS A RESULT OF CUSTOM OR USE, AND WARRANTIES IMPLIED FROM A USAGE IN THE TRADE OR BY COURSE OF DEALING DEALING. PROJECT DATA SPHERE, ITS LICENSORS OF TECHNOLOGY OR COURSE OF PERFORMANCE OR USAGE OF TRADE; ANDDATA AND ITS HOSTING PLATFORM PROVIDER DO NOT GUARANTEE THAT THE DATA, THE SUMO LOGIC TECHNOLOGYCOMMUNITY TOOLS, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY THE USER CONTRIBUTIONS OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSNEEDS OR THAT THE DATA OR THE USER CONTRIBUTIONS ARE ACCURATE, (B) CURRENT, OR COMPLETE. THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM ARE PROVIDED “AS IS,” AND YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATATHE COMMUNITY TOOLS, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTHE USER CONTRIBUTIONS AND THE PLATFORM IS AT YOUR SOLE RISK.

Appears in 2 contracts

Samples: Data Sharing Agreement, Research Platform Agreement

Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 10.1, THE SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE EXCLUDES ALL OTHER WARRANTIESWARRANTIES OR CONDITIONS, EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR STATUTORYDESCRIPTION, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, FITNESS FOR A PARTICULAR PURPOSE OR USESTATUTE, AND WARRANTIES IMPLIED FROM A USAGE OF TRADE, COURSE OF DEALING OR COURSE FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. . THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF PERFORMANCE THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR USAGE ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSSOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDFOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING MKS DOES NOT WARRANT THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL SOFTWARE SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONSTHAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE NOR THAT SOFTWARE ERRORS OR FREE FROM ERROR, (C) ALL ERRORS WILL DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEFULL EXTENT PERMITTED BY LAW, OPERATION OR SECURITY THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAWARRANTY PERIOD SET FORTH IN THIS SECTION 11.1. MOREOVER, OR THIRD-PARTY DATA, OR SERVICES IN NO EVENT SHALL WARRANTIES PROVIDED BY THIRD PARTIESLAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR TRANSMISSION EMPLOYEE OF DATA OVER NETWORKS THAT SUMO LOGIC DOES MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT OWN, OPERATE OR CONTROLALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT, THE PRODUCT IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY ARE EXCLUSIVE AND ARE IN LIEU OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REMEDIES, EXPRESSORAL OR WRITTEN, EXPRESS OR IMPLIED. GDI, OR STATUTORYITS SUPPLIERS, AND LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES AND REMEDIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, THE USE OF REASONABLE SKILL AND CARE; ANY IMPLIED WARRANTIES IMPLIED ARISING FROM A COURSE OF DEALING OR PERFORMANCE, COURSE OF PERFORMANCE DEALING, OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDWARRANTIES RELATING TO SECURITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY OTHER PRODUCTS, SERVICES, OR ANY THIRD PARTIES DO NOT REPRESENT PARTY PRODUCTS (SOFTWARE OR WARRANT TO YOU THAT: (AHARDWARE) YOUR USE OR SERVICES. THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PRODUCT WILL BE UNINTERRUPTED, TIMELYFAULT- TOLERANT, SECURE SECURE, OR ERROR-FREE, OR THAT THE PRODUCT WILL BE FREE FROM ERRORDEFECTS OR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF GDI AND ITS SUPPLIERS, RELATING TO ALL PRODUCTS, SERVICES, AND WARRANTIES SHALL BE, AT GDI’S OPTION, (C1) ALL ERRORS WILL TO REPAIR OR REPLACE THE PRODUCT OR RE-PERFORM THE SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY, OR (2) PROVIDE A REFUND OF THE THEN- CURRENT REASONABLE COMMERCIAL VALUE (IF ANY) FOR THE PRODUCT OR SERVICE THAT DOES NOT MEET THE LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE SHALL BE CORRECTEDNO REFUNDS, RETURNS, EXCHANGES, OR REPLACEMENTS. GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY THIRD PARTY HARDWARE PRODUCTS, AND (D) DATA PROVIDED GDI WILL PASS THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND ANY THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED PARTY WARRANTY TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLCUSTOMER AS PERMITTED.

Appears in 2 contracts

Samples: Terms and Conditions License and Purchase Agreement, Terms and Conditions License and Purchase Agreement

Warranty Disclaimer. EXCEPT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT POSSIBILITY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, IMPLIEDCOURSE OF DEALING, USAGE OF TRADE OR STATUTORYOTHERWISE, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES IMPLIED FROM A ARISING BY COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE CUSTOM OF TRADE; AND, . NO WARRANTY IS MADE THAT (i) THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (Bii) YOUR USE OF ACCESS TO THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR-FREE, (Ciii) ALL ERRORS RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE CORRECTEDACCURATE OR RELIABLE, AND OR (Div) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY SOFTWARE IS OR WILL BE ACCURATEFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO. SUMO LOGIC X-SW-1031W IS FREE SOFTWARE LICENSED UNDER THE TERMS OF THE GNU GENERAL PUBLIC LICENSE VERSION 2 AS PUBLISHED BY THE FREE SOFTWARE FOUNDATION. X-SW103W IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY WARRANTY; WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEE THE GNU GENERAL PUBLIC LICENSE FOR MORE DETAILS, <XXXX://XXX.XXX.XXX/ LICENSES/>. YOU MAY OBTAIN A COPY OF THE SOURCE CODE FOR X-SW-1031W UNDER THE TERMS OF THE GPL UPON WRITTEN REQUEST. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS LICENSORS AND THIRD PARTIES ARE SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT RESPONSIBLE IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ISSUES RELATED TO THE PERFORMANCELOSS OR INJURY OR ANY DIRECT, OPERATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SECURITY SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASOFTWARE OR THE PRODUCT, PERFORMANCE OR THIRDNON-PARTY DATAPERFORMANCE OF THE SOFTWARE OR PRODUCT, OR SERVICES PROVIDED BY THIRD PARTIESERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA OVER NETWORKS GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT SUMO LOGIC YOU RESIDE IN A JURISDICTION THAT DOES NOT OWNALLOW THE WAIVER OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, OPERATE IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR CONTROLRELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

Warranty Disclaimer. EXCEPT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW WITHOUT POSSIBILITY LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF CONTRACTUAL WAIVER): SUMO LOGIC ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND THIRD PARTIES SERVICE PROVIDERS, EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGOR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, THE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES IMPLIED FROM A THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE, OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDTRADE PRACTICE. WITHOUT LIMITING LIMITATION TO THE FOREGOING, SUMO LOGIC THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE MAKES NO REPRESENTATION OF ANY KIND THAT THE SUMO LOGIC TECHNOLOGY LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR EXPECTATIONSWORK WITH ANY OTHER SOFTWARE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE UNINTERRUPTEDERROR FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 2 contracts

Samples: Service Level Agreement (Radar USA Inc.), License Agreement (Radar USA Inc.)

Warranty Disclaimer. EXCEPT THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS OTHERWISE EXPRESSLY STATED IS," WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS AGREEMENT (OR OTHERWISE REQUIRED THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, TURNITIN, ITS AFFILIATES, VENDORS AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF MERCHANTABILITYINFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR USE, CONTROL THE INTERNET AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (AI) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS VIRUSES, WORMS, TROJAN HORSES, OR EXPECTATIONSOTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., (BHACKERS) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCESUCH ACTIVITIES. Turnitin is not obligated to, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAmonitor or review any areas of the Site where user Communications may be made available, OR THIRD-PARTY DATAincluding, OR SERVICES PROVIDED BY THIRD PARTIESbut not limited to, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNchat rooms, OPERATE OR CONTROLbulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of Xxxxxxxx. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Turnitin retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. Turnitin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. Turnitin is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.

Appears in 2 contracts

Samples: www.unipa.it, cdn.scribbr.com

Warranty Disclaimer. EXCEPT THE PLATFORM AND SURF EQUIPMENT, AND ALL CONTENT THEREIN AND THEREON, ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY IS” BASIS. SURF HEREBY DISCLAIMS ALL WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY WARRANTY OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, TITLE AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; ANDNON-INFRINGEMENT. IN ADDITION, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO SURF DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE PLATFORM OR SURF EQUIPMENT, OR ALL CONTENT THEREIN AND THEREON, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (B) THAT THE PLATFORM WILL MEET ANY AVAILABILITY OR UPTIME COMMITMENTS (THE PLATFORM, AND ALL CONTENT THEREON, MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS, INCLUDING INHERENT IN THE USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS INTERNET AND ELECTRONIC COMMUNICATIONS, AND SURF IS NOT LIABLE FOR ANY SUCH LIMITATIONS, DELAYS, OR EXPECTATIONSPROBLEMS, (B) YOUR OR DAMAGES RELATING THERETO). WHILE SURF ATTEMPTS TO MAKE USE OF ITS PRODUCTS AND SERVICES (AND ANY CONTENT THEREIN) SAFE, SURF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS, SERVICES, ANY CONTENT THEREON, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTRACTOR ASSUMES THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND SURF EQUIPMENT, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLALL CONTENT THEREON.

Appears in 2 contracts

Samples: Surf Driver Partner Agreement, Surf Driver Partner Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONSECTION 11(a) ABOVE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, SERVICE (INCLUDING THE SUMO LOGIC TECHNOLOGY, SIMILARITY REPORTS, AND ANY OTHER INFORMATION ) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION AND "AS AVAILABLE" BASIS. TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. WITHOUT LIMITING NO WARRANTY IS MADE THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (CI) ALL ERRORS WILL VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. TURNITIN SHALL NOT BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLSUCH ACTIVITIES.

Appears in 2 contracts

Samples: Registration Agreement, Registration Agreement

Warranty Disclaimer. EXCEPT (a) THE CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON-PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. (d) THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS PROVIDED "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE IS," WITH ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORYWARRANTIES DISCLAIMED, INCLUDING, WITHOUT LIMITATIONALL EXPRESS OR IMPLIED WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSPURPOSE, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT SIMILAR WARRANTY OR CONDITION WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY KINDLAW OF THE UNITED STATES OR ANY STATE THEREOF. WITHOUT LIMITING THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SUMO LOGIC TECHNOLOGY SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. (e) THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (B) YOUR USE OF THAT ACCESS TO THE SUMO LOGIC TECHNOLOGY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, ERROR FREE, OR FREE FROM ERROR, (C) ALL ERRORS THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED, AND (D) . YOU ACKNOWLEDGE THAT ANY DATA PROVIDED OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE SUMO LOGIC TECHNOLOGY USE OF THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT LIABLE OR RESPONSIBLE FOR ANY ISSUES RELATED DAMAGE TO THE PERFORMANCE, OPERATION YOU OR SECURITY YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE SERVICES AND LICENSED APPLICATION. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR DATAUS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION SO CERTAIN OF DATA OVER NETWORKS THAT SUMO LOGIC DOES THE FOREGOING DISCLAIMERS MAY NOT OWN, OPERATE OR CONTROLAPPLY TO YOU.

Appears in 2 contracts

Samples: Banking and Mobile Deposit Terms and Conditions Agreement, Banking and Mobile Deposit Terms and Conditions Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO THE HAP DATABASE, HAP MARKERS, DECOGEN INFORMATICS SYSTEM, GENETIC TESTS, PATENT RIGHTS, GOODS, SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING. IN ADDITION, SUMO LOGIC SCIONA ACKNOWLEDGES THAT THE HAP DATABASE AND ITS LICENSORS AND DECOGEN INFORMATICS SYSTEM MAY CONTAIN INFORMATION THE ACQUISITION OR USE OF WHICH IS COVERED BY ONE OR MORE VALID PATENTS OF THIRD PARTIES DO NOT REPRESENT PARTIES. GENAISSANCE MAKES NO REPRESENTATION OR WARRANT WARRANTIES WITH RESPECT TO YOU THAT: (A) YOUR SCIONA’S USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF INFORMATION TO BE PROVIDED TO IT HEREUNDER. GENAISSANCE MAKES NO WARRANTY THAT THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC HAP DATABASE DOES NOT OWN, OPERATE CONTAIN ERRORS OR CONTROLTHAT THE HAP DATABASE CONTAINS ALL HAP MARKERS THAT ARE ACTUALLY PRESENT BUT NOT DETECTED IN THE INDEX REPOSITORY.

Appears in 2 contracts

Samples: Technology License Agreement (Genaissance Pharmaceuticals Inc), Technology License Agreement (Genaissance Pharmaceuticals Inc)

Warranty Disclaimer. EXCEPT LICENSEE IS SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR LICENSEE’S INTENDED USE. THE SOFTWARE IS BEING DELIVERED TO LICENSEE "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS". QSR AND ITS LICENSORS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE. 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, QSR AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSCONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR STATUTORYOTHERWISE) AS TO ANY MATTER, INCLUDINGINCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITHOUT LIMITATIONQUIET ENJOYMENT, THE IMPLIED WARRANTIES OF INFORMATION OR CONTENT ACCURACY, MERCHANTABILITY, TITLEINTEGRATION, NON-INFRINGEMENTSATISFACTORY QUALITY, LACK OF VIRUSES, FITNESS FOR A ANY PARTICULAR PURPOSE OR USEPURPOSE, AND THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES. FURTHER, QSR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES IMPLIED WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE TO LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QSR, ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION IN ANY WAY INCREASE THE SCOPE OF ANY KINDWARRANTY PROVIDED HEREIN OR REQUIRED UNDER LAW. WITHOUT LIMITING LICENSEE WILL INDEMNIFY AND HOLD HARMLESS QSR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND COUNSEL FROM AND AGAINST ALL LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM OR ARISING OUT OF ANY THIRD PARTY CLAIM TO THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT EXTENT BASED UPON THE INACCURACY OF INFORMATION OR WARRANT TO YOU THAT: (A) YOUR USE CONTENT CONTAINED IN THE SOFTWARE OR THE INADEQUACY OR FAILURE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLSOFTWARE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC NINTENDO DISCLAIMS ANY AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, THE LICENSED PRODUCTS AS BETWEEN NINTENDO AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, LICENSEE AND AS BETWEEN NINTENDO AND ANY OTHER INFORMATION IS PROVIDED THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS" AND "WHERE IS" BASIS AND WITHOUT WARRANTY ANY WARRANTIES, EXPRESS OR CONDITION IMPLIED. WITH RESPECT TO THE LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN NO EVENT BE LIABLE FOR ANY KINDINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF LICENSEE, ITS RETAILERS OR CUSTOMERS. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL LICENSEE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT SOLELY RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR PROVIDING THIRD-PARTY DATAPURCHASERS FROM LICENSEE WITH WARRANTY AND REPAIR/REPLACEMENT SERVICES FOR ANY DEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE CONDITIONS SET FORTH IN THIS PARAGRAPH, NINTENDO WILL USE ITS BEST EFFORTS TO RESOLVE ANY CATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. A "CATASTROPHIC DEFECT" IS DEFINED AS A MANUFACTURING DEFECT RATE OF FIVE PERCENT (5%) OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION GREATER IN ANY SHIPMENT OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLICENSED PRODUCTS TO LICENSEE.

Appears in 2 contracts

Samples: Confidential License Agreement (3do Co), Agreement (3do Co)

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONSET FORTH BELOW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS ITEMS ARE PROVIDED ON AN "AS IS" BASIS AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. . ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING WITHOUT WARRANTY OR LIMITATION: (i) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDITEMS, AND (Dii) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY ISSUES RELATED PARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE PERFORMANCEENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, OPERATION OR SECURITY AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AFFILIATES, REPRESENTATIVES OR THIRD-PARTY DATAAGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTexas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Appears in 2 contracts

Samples: Sales Agreement, Sales Agreement

Warranty Disclaimer. PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT ARTICLE 3 HEREOF, NEITHER SELLERS NOR ANY OF THEIR AFFILIATES (NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY REPRESENTATIVES) HAVE MADE AND, AND NONE OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESTHEM SHALL BE DEEMED TO HAVE MADE, EXPRESSANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR STATUTORYOTHERWISE, INCLUDING, WITHOUT LIMITATIONAS TO THE BUSINESS (INCLUDING IN RESPECT OF ITS FINANCIAL PERFORMANCE), THE IMPLIED WARRANTIES ASSETS, TRANSFERRED ENTITIES, THE ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING, INCLUDING WITH RESPECT TO (1) THE MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USEQUALITY, WITH RESPECT TO ANY OF THE ASSETS BEING SO TRANSFERRED, OR THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT (OR ANY OTHER REPRESENTATION OR WARRANTY REFERRED TO IN SECTION 2-312 OF THE NEW YORK UNIFORM COMMERCIAL CODE OR THE UNIFORM COMMERCIAL CODE OF ANY OTHER APPLICABLE JURISDICTION OR IN ANY STATUTE APPLICABLE TO REAL PROPERTY) OR (2) ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE TRANSFERRED ENTITIES, THE TRANSFERRED ASSETS OR THE BUSINESS AFTER CLOSING, OR (3) ANY OTHER INFORMATION, DOCUMENTS AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OTHER MATERIALS (INCLUDING AS TO THE ACCURACY OR COURSE OF PERFORMANCE COMPLETENESS THEREOF) PROVIDED TO OR USAGE OF TRADE; MADE AVAILABLE TO PURCHASER (WHETHER ORALLY OR IN WRITING, IN CERTAIN “DATA ROOMS”, MANAGEMENT PRESENTATIONS, FUNCTIONAL “BREAK-OUT” DISCUSSIONS, RESPONSES TO QUESTIONS, OR IN ANY OTHER FORM), AND, THE SUMO LOGIC TECHNOLOGYEXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, REPORTS, EACH AND ANY EVERY SUCH OTHER INFORMATION REPRESENTATION OR WARRANTY IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDHEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE GENERALITY OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSFOREGOING AND, (B) YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDASSETS ARE BEING SOLD, TIMELYCONVEYED, SECURE OR FREE FROM ERRORTRANSFERRED, (C) ALL ERRORS WILL BE CORRECTED, ASSIGNED AND (D) DATA PROVIDED THROUGH DELIVERED AND THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC ASSUMED LIABILITIES ARE BEING ASSUMED “AS IS” AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL“WHERE IS”.

Appears in 2 contracts

Samples: Stock and Asset Purchase Agreement (Federal-Mogul Holdings Corp), Stock and Asset Purchase Agreement (Federal Mogul Corp)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, EXTRAHOP AND ITS SUPPLIERS AND LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, FUNCTIONALITY, MERCHANTABILITY, OR USENON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING WHETHER EXPRESS OR COURSE OF PERFORMANCE IMPLIED. EXTRAHOP MAKES NO WARRANTY THAT THE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR USAGE OF TRADE; ANDBE SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE SUMO LOGIC TECHNOLOGYDURATION OF STATUTORILY REQUIRED WARRANTIES, REPORTSIF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AGREES THAT IT SECURITY AND ITS LICENSORS PERFORMANCE ARE INHERENTLY COMPLEX AND THIRD PARTIES DO THAT EXTRAHOP DOES NOT REPRESENT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO YOU THAT: (A) YOUR USE OF ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF CUSTOMER’S NETWORK. THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES OFFERINGS ARE NOT RESPONSIBLE DESIGNED OR INTENDED FOR ANY ISSUES RELATED TO THE PERFORMANCEUSE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, OPERATION SEVERE INJURY OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAPROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. EXCEPT For Purchases from Alaskan Copper & Brass Company: SELLER IS A WHOLESALER OF GOODS ONLY, AND AS OTHERWISE EXPRESSLY SUCH ONLY WARRANTS THAT THE GOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY REFERENCED ON THE APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL QUOTATION, ACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USAGE OR USETRADE), TO ANY PERSON OR ENTITY WITH REGARD TO THE GOODS COVERED HEREBY AND WARRANTIES IMPLIED FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS. SELLER HEREBY ASSIGNS TO PURCHASER THE WARRANTIES, IF ANY, COVERING THE GOODS WHICH SELLER RECEIVES FROM A COURSE OF DEALING THIRD PARTIES, BUT SELLER SHALL HAVE NO DUTY TO ENFORCE SUCH WARRANTIES. For purchases from Alaskan Copper Works: SELLER WARRANTS TO PURCHASER, BUT NOT TO ANYONE ELSE, THAT THE GOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION SHOWN ON THE APPLICABLE QUOTATION, ACKNOWLEDGMENT OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY INVOICE. SELLER MAKES NO OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT EXPRESS OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSIMPLIED, (B) YOUR USE INCLUDING NO WARRANTY OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTEDMERCHANTABILITY, TIMELYFITNESS FOR A PARTICULAR PURPOSE, SECURE USAGE OR FREE FROM ERRORTRADE), (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR TO ANY ISSUES RELATED PERSON OR ENTITY WITH REGARD TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, GOODS OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLCOVERED HEREBY AND FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS.

Appears in 2 contracts

Samples: www.alaskancopper.com, www.alascop.com

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED FOR THE WARRANTY EXPLICITLY SET FORTH ON XXX.XXXXXXX.XXX/XXXXX TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND LAW, NEITHER SANGOMA, NOR ITS THIRD-PARTY LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESOR SUPPLIERS, EXPRESSNOR ITS DIRECTORS, IMPLIEDOFFICERS, EMPLOYEES, OR STATUTORYAFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU OR ANY END USER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENTMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USENON-INFRINGEMENT, EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY SUCH PERSON OR ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SANGOMA, ITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR ECONOMIC DAMAGE OR INJURY TO PROPERTY, INCLUDING LOST PROFITS OR LOST REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY AND REGARDLESS OF WHETHER SUCH PERSON OR ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF THE POSSIBLITY OF SUCH DAMAGES, EXEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR ENTITY. SOME COUNTRIES, STATES, OR PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO YOU. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF XXXXXXX’S WARRANTY AVAILABLE IN THE WARRANTY, RETURN, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED SHIPPING POLICY AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLXXX.XXXXXXX.XXX/XXXXX.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

AutoNDA by SimpleDocs

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC SECTION 12.1 AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, AND WARRANTIES IMPLIED NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A COURSE MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSRESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDSUCH FACTORS. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO DYNATRACE DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, ; (BC) YOUR USE OF ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE SUMO LOGIC TECHNOLOGY PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, TIMELYERROR-FREE OR VIRUS-FREE, SECURE OR FREE FROM ERROR, (C) ALL THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEELECTRONIC COMMUNICATIONS. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE DYNATRACE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATADELIVERY FAILURES, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Warranty Disclaimer. TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER AND WITH PROFESSIONAL DILIGENCE AND SKILL, IN ACCORDANCE WITH THIS ADDENDUM AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE TERMS OF THE SOW; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT AS OTHERWISE EXPRESSLY STATED FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE SECTION 9, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGOR OTHERWISE UNDER THIS ADDENDUM, WITHOUT LIMITATION, THE AND TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES IMPLIED ARISING FROM A COURSE OF DEALING DEALING, USAGE OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTRADE PRACTICE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, LYNXSPRING PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND ITS LICENSORS DISCLAIMS ALL WARRANTIES AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESCONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND WARRANTIES IMPLIED NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LYNXSPRING DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM A COURSE THE USE OF DEALING THE PRODUCT SOFTWARE. LYNXSPRING MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR COURSE OF PERFORMANCE OTHER HARMFUL CODE, TIMELY, SECURE, OR USAGE OF TRADE; ANDERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE SUMO LOGIC TECHNOLOGY, REPORTSPRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LYNXSPRING DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING PERIPHERALS CONNECTED TO THE FOREGOINGPRODUCT, SUMO LOGIC COMPUTER, MOBILE DEVICE, AND ITS LICENSORS ALL OTHER ITEMS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSPRODUCT INFORMATION, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAPRODUCT SOFTWARE, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLPRODUCT.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT OTHER THAN AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (AGREEMENT, MMR MAKES NO REPRESENTATIONS OR WARRANTIES TO RESELLER OR CUSTOMERS WITH RESPECT TO THE MMRPRO SYSTEM AND ANY UPDATES, ENHANCEMENTS, NEW FEATURES, AND NEW VERSIONS THEREOF, DOCUMENTATION, HARDWARE, OR ANY SERVICES PROVIDED, OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESREGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. FURTHER, INCLUDINGMMR CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, WITHOUT LIMITATIONOMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. MMR CANNOT AND DOES NOT WARRANT THAT THE IMPLIED WARRANTIES OF MERCHANTABILITYFUNCTIONS OR SERVICES PERFORMED ON THE MMRPRO SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THAT DEFECTS IN THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDMMRPRO SYSTEM WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE ANY IMPLIED WARRANTY OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDMERCHANTABILITY, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED DISCLAIMED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLMAXIMUM EXTENT PERMITTED BYLAW.

Appears in 2 contracts

Samples: Value Added Reseller Agreement (MMRGlobal, Inc.), Value Added Reseller Agreement

Warranty Disclaimer. EXCEPT KLAS PROVIDES THE SOFTWARE AND DOCUMENTATION "AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER IMPLIED WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON-INTERFERANCE AND NON- INFRINGEMENT. FURTHER, FITNESS KLAS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SOFTWARE OR DOCUMENTATION WILL BE FREE FROM BUGS OR DEFECTS, THAT IT’S USE WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT IT WILL BE CORRECT, ACCURATE, OR RELIABLE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE OR DOCUMENTATION PROVE DEFECTIVEFOLLOWING LICENSE, LICENSEE (AND NOT KLAS) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR, EXCEPT AS MAY OTHERWISE BE PROVIDED BY A KLAS RESELLER OR SUPPORT PROVIDER. LICENSEE ASSUMES ALL RESPONSIBILITY TO ACHIEVE ITS INTENDED RESULTS AND FOR A PARTICULAR PURPOSE OR THE INSTALLATION, USE, AND WARRANTIES IMPLIED RESULTS OBTAINED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, SOFTWARE AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLDOCUMENTATION.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC ANY KIND, AND ITS LICENSORS N21 HEREBY DISCLAIMS ALL WARRANTIES AND THIRD PARTIES EXPRESSLY DISCLAIM CONDITIONS WITH RESPECT TO THE APPLICATION AND EXCLUDE ALL OTHER WARRANTIESANY SERVICES, EITHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, TITLEOF SATISFACTORY QUALITY, NON-INFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WARRANTIES IMPLIED FREEDOM FROM A COURSE PATENT INFRINGEMENT OR NON-INFRINGEMENT OF DEALING THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR COURSE OF PERFORMANCE SERVICES PERFORMED OR USAGE OF TRADE; ANDPROVIDED BY, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (B) YOUR USE THAT THE OPERATION OF THE SUMO LOGIC TECHNOLOGY APPLICATION OR SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION 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 (D) DATA PROVIDED THROUGH LIMITATIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC APPLICATION AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED THAT, TO THE PERFORMANCEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATION MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLEXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Appears in 2 contracts

Samples: License Agreement Terms and Conditions, License Agreement Terms and Conditions

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY EXTENDS ANY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, EITHER EXPRESS OR IMPLIED, TO THE OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, LICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT MANUFACTURE OR WARRANT TO YOU THAT: (A) YOUR USE COMMERCIALIZATION OF THE SUMO LOGIC TECHNOLOGY LICENSED PRODUCTS PURSUANT TO THIS AGREEMENT WILL MEET YOUR REQUIREMENTS BE SUCCESSFUL OR EXPECTATIONS, (B) YOUR USE THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE LICENSED PRODUCTS WILL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, SECURITIES AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED EXCHANGE COMMISSION PURSUANT TO THE PERFORMANCE, OPERATION OR SECURITY AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION SECURITIES EXCHANGE ACT OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL1934.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (HEREIN, NEITHER PARTY OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER AFFILIATES MAKE ANY EXPRESS WARRANTIES, EXPRESSAND EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, IMPLIED, TO THE OTHER PARTY OR STATUTORYANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USETITLE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING QUIET ENJOYMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, T-MOBILE PROVIDES THE SERVICE (INCLUDING ALL ROAMING AND OTHER SERVICES) AND THE FACILITIES “AS IS” AND “WHERE IS.” T-MOBILE DOES NOT GUARANTEE THAT ALL EQUIPMENT WILL WORK CORRECTLY (OR COURSE OF PERFORMANCE AT ALL) WITH THE T-MOBILE NETWORK OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSSERVICE, AND ANY OTHER INFORMATION IS EXCEPT AS SPECIFICALLY PROVIDED ON AN "IN THIS AGREEMENT T-MOBILE WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR INTEROPERABILITY BETWEEN EQUIPMENT AND THE T-MOBILE NETWORK OR SERVICE. DISH ACKNOWLEDGES THAT T-MOBILE WILL HAVE NO LIABILITY EXCEPT AS IS" BASIS WITHOUT WARRANTY EXPRESSLY PROVIDED IN THIS AGREEMENT OR CONDITION IN THE EVENT OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT GROSS NEGLIGENCE OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE WILLFUL MISCONDUCT FOR ANY ISSUES RELATED FAILURE, DEFECTS, MALFUNCTIONS OR ERRORS IN THE FACILITIES OR FOR THE PROVISION OF SERVICE TO THE PERFORMANCE, OPERATION DISH OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLITS END USERS.

Appears in 2 contracts

Samples: Master Network Services Agreement (DISH Network CORP), Master Network Services Agreement (T-Mobile US, Inc.)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS, EXPRESSED OR IMPLIED, CONCERNING THE OPERATION, PERFORMANCE OR STATUTORYFUNCTIONALITY OF THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE VENDOR, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE VENDOR WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDNONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS TELECOMMUNICATION LINES OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDCIRCUITS, AND (D) DATA PROVIDED THROUGH YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, WE MAKE ONLY THE SUMO LOGIC TECHNOLOGY WILL WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN THE SERVICE SCHEDULE SHALL BE ACCURATE. SUMO LOGIC IN ADDITION TO, AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO IN LIEU OF, THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLDISCLAIMERS STATED HEREIN.

Appears in 2 contracts

Samples: www.firstcitizens.com, usaflightbank.com

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE IS,” AND AYFIE EXPRESSLY STATED IN THIS AGREEMENT (DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESMERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE END USER MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. AYFIE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AYFIE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER AYFIE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE END USER THROUGH THE PRODUCTS) SHALL MEET YOUR THE END USER’S REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.);

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC SECTION 13, ALL CLOUD PRODUCTS, SUPPORT AND ITS LICENSORS ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND THIRD PARTIES WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, FUNCTIONALITY OR USEMERCHANTABILITY, AND WARRANTIES WHETHER EXPRESS, IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDSTATUTORY. WITHOUT LIMITING THE FOREGOINGOUR EXPRESS OBLIGATIONS IN THESE TERMS, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) THAT YOUR USE OF THE SUMO LOGIC TECHNOLOGY CLOUD PRODUCTS WILL MEET BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR REQUIREMENTS DATA FOR ACCURACY OR EXPECTATIONS, (B) THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT SUMO LOGIC DOES WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: www.botium.ai, www.botium.ai

Warranty Disclaimer. THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (SET FORTH HEREIN. GEOFORCE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, QUIET ENJOYMENT, AND DATA ACCURACY. GEOFORCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SERVICES, THE USE, AND WARRANTIES IMPLIED FROM A COURSE VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS MATERIALS IN THE SERVICES, OR EXPECTATIONS, (B) YOUR USE OF ANY OTHER WEBSITE LINKED TO THE SUMO LOGIC TECHNOLOGY SERVICES. GEOFORCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. GEOFORCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR, (C) ALL ERRORS -FREE OR THAT ANY DEFECTS WILL BE CORRECTED. SOME STATES, TERRITORIES, AND (D) DATA PROVIDED THROUGH COUNTRIES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO, TO THAT EXTENT, THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE ABOVE EXCLUSION MAY NOT RESPONSIBLE FOR ANY ISSUES RELATED APPLY TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLCUSTOMER.

Appears in 2 contracts

Samples: Geoforce Canada Global Purchase Agreement, Global Purchase Agreement

Warranty Disclaimer. SYNAPTICON WARRANTS THAT THE SOFTWARE AND DOCUMENTATION CONFORMS TO THE SPECIFICATIONS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY EXPRESSLY GRANTED , THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND ITS LICENSORS SYNAPTICON DISCLAIMS ANY AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENTSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, TIMELINESS, TITLE, OR USENON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, TO THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDFULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC SYNAPTICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND ITS LICENSORS AND THIRD PARTIES DO DOES NOT REPRESENT WARRANT THAT THE PACKAGE WILL MEET THE CUSTOMERS REQUIREMENTS OR WARRANT TO YOU THAT: (A) YOUR USE THAT OPERATION OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR FREE FROM ERRORERROR FREE, (C) ALL THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTEDCORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE SYNAPTICON’ PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. THE CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE THE CUSTOMERS INTENDED RESULTS, AND (D) DATA PROVIDED THROUGH FOR THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO RESULTS OBTAINED FROM THE PERFORMANCE, OPERATION OR SECURITY CUSTOMERS USE OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLPACKAGE.

Appears in 2 contracts

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

Warranty Disclaimer. YOUR USE OF THE DGAssistant SOFTWARE SERVICE IS AT YOUR SOLE RISK. THE DGAssistant SOFTWARE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND CONTENT FROM THE DGAssistant SOFTWARE SERVICE. DGAssistant MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DGAssistant SOFTWARE SERVICE OR SUPPORT SERVICES (IF ANY). YOU UNDERSTAND THAT DGAssistant USES AFFILIATES, THIRD- PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE DGAssistant SOFTWARE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED TO THE EXTENT PROHIBITED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC LAW, DGAssistant DISCLAIMS ANY AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENTMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, AND NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES IMPLIED ARISING FROM A COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE PERFORMANCE, OR USAGE OF TRADE; AND. TO THE EXTENT THAT DGAssistant MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SUMO LOGIC TECHNOLOGY, REPORTS, SCOPE AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT DURATION OF SUCH WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLMINIMUM PERMITTED UNDER APPLICABLE LAW.

Appears in 2 contracts

Samples: General Terms, www.dgassistant.com

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND EMITE AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. EMITE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER EMITE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY ANY PRODUCTS WILL BE UNINTERRUPTEDSECURE, TIMELY, SECURE UNINTERRUPTED OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.FREE;

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Warranty Disclaimer. EXCEPT OTHER THAN AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT AGREEMENT, IGNITIONONE, ITS AFFILIATES, SUPPLIERS, LICENSORS AND PARTNERS AND ALL OF THEIR OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (“THE IGNITIONONE PARTIES”) DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CUSTOMER, OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THE SOFTWARE, OR DELIVERABLES PROVIDED HEREUNDER OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND (INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESPARTY SOFTWARE, OR SERVICES USED IN CONNECTION WITH THE PLATFORM) REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND ITS LICENSORS THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND THIRD DISCLAIMED. THE IGNITIONONE PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THAT THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR FREE FROM ERROR, (C) ALL ERRORS THAT THERE WILL BE CORRECTEDNO FAILURES, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAERRORS, OR THIRD-PARTY DATA, OMISSIONS OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION LOSS OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTRANSMITTED INFORMATION.

Appears in 2 contracts

Samples: Platform Agreement Terms and Conditions, Platform Agreement

Warranty Disclaimer. EXCEPT ALL PKLA PRODUCT KITS AND SUPPORT SERVICES ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS” AND QTIL AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER AFFILIATES MAKE NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PKLA PRODUCT KITS, SUPPORT SERVICES OR STATUTORYOTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEAGAINST INFRINGEMENT, AND WARRANTIES OR ANY EXPRESS OR IMPLIED FROM WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS AS TO THE VALIDITY OR SCOPE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS ANY PATENT, COPYRIGHT OR EXPECTATIONS, OTHER INTELLECTUAL PROPERTY RIGHT OR (B) YOUR A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS THAT ANY MANUFACTURE OR USE OF THE SUMO LOGIC TECHNOLOGY ANY PKLA PRODUCT KIT, SUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED HEREUNDER WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORINFRINGEMENT OF PATENTS, (C) ALL ERRORS WILL BE CORRECTEDCOPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND (D) DATA PROVIDED THROUGH IT SHALL BE THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE PERFORMANCE, OPERATION OR SECURITY ACQUISITION OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 2 contracts

Samples: Agreement, Agreement

Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 11.1, THE SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS” BASIS. MKS SPECIFICALLY DISCLAIMS AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE EXCLUDES ALL OTHER WARRANTIESWARRANTIES OR CONDITIONS, EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR STATUTORYDESCRIPTION, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, FITNESS FOR A PARTICULAR PURPOSE OR USESTATUTE, AND WARRANTIES IMPLIED FROM A USAGE OF TRADE, COURSE OF DEALING OR COURSE FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF PERFORMANCE THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR USAGE ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSSOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDFOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING MKS DOES NOT WARRANT THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL SOFTWARE SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONSTHAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE NOR THAT SOFTWARE ERRORS OR FREE FROM ERROR, (C) ALL ERRORS WILL DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEFULL EXTENT PERMITTED BY LAW, OPERATION OR SECURITY THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAWARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, OR THIRD-PARTY DATA, OR SERVICES IN NO EVENT SHALL WARRANTIES PROVIDED BY THIRD PARTIESLAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR TRANSMISSION EMPLOYEE OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNMKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, OPERATE EXTENSIONS OR CONTROLADDITIONS TO THIS LIMITED WARRANTY.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT POSSIBILITY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC ANY KIND, AND UBACK AND ITS LICENSORS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND THIRD PARTIES EXPRESSLY DISCLAIM CONDITIONS WITH RESPECT TO THE APPLICATION AND EXCLUDE ALL OTHER WARRANTIESANY SERVICES, EITHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, TITLEOF SATISFACTORY QUALITY, NON-INFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WARRANTIES IMPLIED FREEDOM FROM A COURSE PATENT INFRINGEMENT OR NON-INFRINGEMENT OF DEALING THIRD PARTY RIGHTS. UBACK AND ITS LICENSOR(S) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR COURSE OF PERFORMANCE SERVICES PERFORMED OR USAGE OF TRADE; ANDPROVIDED BY, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSREQUIREMENTS, (B) YOUR USE THAT THE OPERATION OF THE SUMO LOGIC TECHNOLOGY APPLICATION OR SERVICES WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR-FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED, AND (D. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UBACK OR ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) DATA PROVIDED THROUGH SHALL CREATE A WARRANTY. SHOULD THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, APPLICATION OR SERVICES PROVIDED BY THIRD PARTIESPROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR TRANSMISSION CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT OWN, OPERATE OR CONTROLAPPLY TO YOU.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (Article 6, CNS MAKES NO EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESIMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SITES, EXPRESSPRODUCTS, IMPLIEDSERVICES, TECHNOLOGY OR STATUTORYCONTENT PROVIDED HEREUNDER, INCLUDING, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, OR USE, AND ANY IMPLIED WARRANTIES IMPLIED FROM A ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR COURSE OF PERFORMANCE TRADE USAGE. IN ADDITION, CNS MAKES NO REPRESENTATION THAT THE OPERATION OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION USE OF ANY KIND. WITHOUT LIMITING THE FOREGOINGSITES, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT PRODUCTS, SERVICES, TECHNOLOGY OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY CONTENT PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS COMPLY WITH APPLICABLE GOVERNMENT CODES OR EXPECTATIONSLAW, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY OR WILL BE UNINTERRUPTED, TIMELYERROR FREE, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDSECURE, AND (D) DATA CNS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. CNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT WHICH MAY BE USED OR PROVIDED THROUGH BY CNS IN THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEPERFORMANCE OF SERVICES HEREUNDER. SUMO LOGIC THE CUSTOMER ACKNOWLEDGES THAT CNS HAS ENTERED INTO THIS AGREEMENT AND ITS LICENSORS HAS SET ALL APPLICABLE COMPENSATION TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE PERFORMANCE, OPERATION OR SECURITY SAME FORM IS THE ESSENTIAL BASIS OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLBARGAIN.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT SECTION 14.1 (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC GENERAL WARRANTIES) AND 14.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ATLASSIAN WILL NOT BE LIABLE FOR DELAYS, INCLUDINGINTERRUPTIONS, WITHOUT LIMITATIONSERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES NEITHER ATLASSIAN NOR ANY OF MERCHANTABILITYITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGSOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE; (B) THE SUMO LOGIC TECHNOLOGY SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE ERRORS OR FREE FROM ERROR, (C) ALL ERRORS DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.2 (VIRUS WARRANTY), AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED LIMITED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED SHORTEST PERIOD PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLLAW.

Appears in 1 contract

Samples: Licence Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (SECTION 4 ABOVE, THE DATA, THE TICK DATA SYSTEM, AND THE SOFTWARE PRODUCT ARE PROVIDED “AS IS”. NONE OF TICK DATA, ITS RELATED PARTIES, AFFILIATES, AGENTS, OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY ANY THIRD PARTY PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF CONTRACTUAL WAIVER): SUMO LOGIC THE DATA OR ANY PART THEREOF OR THAT THE DATA, THE TICK DATA SYSTEM, AND THE SOFTWARE PRODUCT IS ERROR FREE. TICK DATA, ITS LICENSORS AND RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTIES EXPRESSLY PARTY PROVIDER DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESSCONDITIONS, GUARANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR STATUTORYIN FACT, INCLUDINGORAL OR IN WRITING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED THAT ARISE FROM STATUTE OR FROM A COURSE OF DEALING DEALING, USAGE OR COURSE TRADE INCLUDING WITHOUT LIMITATION ANY WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS OF PERFORMANCE FITNESS FOR PURPOSE, MERCHANTABILITY OR USAGE MERCHANTABLE OR SATISFACTORY QUALITY, OR FOR NON- INFRINGEMENT. NEITHER TICK DATA, ITS RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTY PROVIDER WILL BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING ANY TRADING LOSSES OR FAILURE TO SUCCESSFULLY IMPLEMENT ANY INVESTMENT STRATEGY REGARDLESS OF TRADE; ANDWHETHER TICK DATA, ANY OF ITS RELATED PARTIES, AFFILIATES, AGENTS, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH LOSSES. LICENSEE ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS MADE BY LICENSEE USING THE DATA, THE SUMO LOGIC TECHNOLOGY, REPORTSTICK DATA SYSTEM, AND THE SOFTWARE PRODUCT. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TICK DATA, ITS AFFILIATES OR ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR CONDITION COVENANT ON BEHALF OF TICK DATA OR ANY KINDLICENSOR TO TICK DATA. WITHOUT LIMITING THE FOREGOINGACCORDINGLY, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ORAL STATEMENTS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. LICENSEE EXPRESSLY AGREES THAT USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSDATA, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDTICK DATA SYSTEM, AND (D) THE SOFTWARE PRODUCT IS AT LICENSEE'S SOLE RISK AND THAT TICK DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS AFFILIATES AND LICENSORS AND THIRD PARTIES ARE SHALL NOT BE RESPONSIBLE FOR ANY ISSUES RELATED TO ERRORS OR LOSSES CAUSED BY THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR LICENSED DATA, OR THIRD-PARTY DATATHE TICK DATA SYSTEM, OR SERVICES PROVIDED BY THIRD PARTIES, THE SOFTWARE PRODUCT. THIS SECTION SHALL SURVIVE TERMINATION OR TRANSMISSION EXPIRATION AND NONRENEWAL OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTHIS AGREEMENT.

Appears in 1 contract

Samples: Leased Market Data License Terms and Conditions

Warranty Disclaimer. 6.1. COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE PLATFORM, OR THAT THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY OFFER ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, CONTENT, OR SERVICES. COMPANY AND ITS SUPPLIERS AND LICENSORS CANNOT BE HELD RESPONSIBLE FOR ANY ACTIONS TAKEN BY THE CUSTOMER. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT (SECTION, THE PLATFORM, CONTENT, OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC SERVICES ARE PROVIDED “AS IS” AND COMPANY AND ITS SUPPLIERS AND LICENSORS AND THIRD PARTIES EXPRESSLY HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR USEANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS (WHETHER LATENT OR PATENT), AND ANY WARRANTIES IMPLIED ARISING FROM A COURSE OF DEALING DEALING, USAGE , OR COURSE TRADE PRACTICE. THE EXPRESS WARRANTIES MADE IN THIS SECTION ARE FOR THE BENEFIT OF PERFORMANCE THE CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY END USER OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION THIRD PARTY. NO WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES KIND WHATSOEVER ARE NOT RESPONSIBLE MADE FOR CUSTOMER’S BENEFIT FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLPILOT USE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EXCEPT THE SERVICE IS PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS”, “AS AVAILABLE” AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE “WITH ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGFAULTS”, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. LIMITATION OF DAMAGES; RELEASE TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT PARTNERS, BE LIABLE TO YOU THATFOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, USER CONTENT; (B) YOUR USE OF OR INABILITY TO USE THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, SERVICE; (C) ALL ERRORS WILL BE CORRECTED, AND THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OTHER INTERACTIONS WITH USE OR SECURITY WITH ANY OTHER USER OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATASERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR THIRD-PARTY DATAANY OTHER LEGAL THEORY, AND WHETHER OR SERVICES PROVIDED BY THIRD PARTIESNOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, OR TRANSMISSION AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNITS ESSENTIAL PURPOSE. In the event that any User has a dispute with any party, OPERATE OR CONTROLsuch User agrees to release and indemnify OneTimeOnly (including our agents, affiliates, directors, officers, representatives and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such disputes.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED PROVIDED IN THIS AGREEMENT (AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY EXTENDS ANY WARRANTY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, EITHER EXPRESS OR IMPLIED, TO THE OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR USEWARRANTY THAT THE DEVELOPMENT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING MANUFACTURE OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION COMMERCIALIZATION OF ANY KINDLICENSED COMPOUND, OPTION COMPOUND OR LICENSED PRODUCT UNDER THIS AGREEMENT SHALL BE SUCCESSFUL. WITHOUT LIMITING 11.6 No Consequential Damages. NEITHER PARTY HERETO SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE FOREGOINGEXERCISE OF ITS RIGHTS HEREUNDER, SUMO LOGIC AND INCLUDING LOST PROFITS ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF SUCH DAMAGES. NOTHING IN THIS SECTION 11.6 IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY OR TO LIMIT A PARTY’S LIABILITY FOR BREACHES OF ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEOBLIGATION REGARDING [* * *]. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.11.7

Appears in 1 contract

Samples: License and Option Agreement

Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 11.1, THE SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND OTHER MEDIA ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS” BASIS. PTC SPECIFICALLY DISCLAIMS AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE EXCLUDES ALL OTHER WARRANTIESWARRANTIES OR CONDITIONS, EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR STATUTORYDESCRIPTION, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENTINFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, FITNESS FOR A PARTICULAR PURPOSE OR USESTATUTE, AND WARRANTIES IMPLIED FROM A USAGE OF TRADE, COURSE OF DEALING OR COURSE FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. PTC MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF PERFORMANCE THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, PTC SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR USAGE ON YOUR BEHALF WITHOUT PTC’S PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSSOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDFOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING PTC DOES NOT WARRANT THAT THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL SOFTWARE SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONSTHAT ITS OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE NOR THAT SOFTWARE ERRORS OR FREE FROM ERROR, (C) ALL ERRORS WILL DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEFULL EXTENT PERMITTED BY LAW, OPERATION OR SECURITY THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAWARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, OR THIRD-PARTY DATA, OR SERVICES IN NO EVENT SHALL WARRANTIES PROVIDED BY THIRD PARTIESLAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR TRANSMISSION EMPLOYEE OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWNPTC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, OPERATE EXTENSIONS OR CONTROLADDITIONS TO THIS LIMITED WARRANTY.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. EVIGIA PROVIDES THE APPLICATIONS "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (FOR BODILY INJURY, EVIGIA HEREBY DISCLAIMS ALL EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER IMPLIED WARRANTIES, EXPRESSINCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, IMPLIEDFITNESS FOR A PARTICULAR PURPOSE, OR STATUTORYPERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYTORT, TITLECONTRACT, NON-INFRINGEMENTSTRICT LIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USEOTHERWISE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING SHALL EVIGIA OR COURSE OF PERFORMANCE ITS LICENSORS, SUPPLIERS OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND RESELLERS BE LIABLE TO YOU OR ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONDITION CONSEQUENTIAL DAMAGES OF ANY KIND. CHARACTER INCLUDING, WITHOUT LIMITING THE FOREGOINGLIMITATION, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR WARRANT TO YOU THAT: MALFUNCTION, OR DAMAGES; (AII) YOUR USE LOSS OR INACCURACY OF THE SUMO LOGIC DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, SERVICES; OR (BIII) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY MATTERS BEYOND ITS REASONABLE CONTROL. EVIGIA SHALL NOT BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLONE HUNDRED US DOLLARS ($100).

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EXCEPT ALL PRODUCTS ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC IS,” AND LICEL AND ITS LICENSORS AND THIRD PARTIES SUPPLIERS EXPRESSLY DISCLAIM ANY AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDINGBUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, WITHOUT LIMITATIONIF ANY, SHALL BE LIMITED TO THE IMPLIED WARRANTIES SHORTEST PERIOD PERMITTED BY LAW. LICEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF MERCHANTABILITYTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LICEL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLENEITHER LICEL NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KIND. WITHOUT LIMITING THE FOREGOINGPRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ); (BD) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE ERRORS OR FREE FROM ERROR, (C) ALL ERRORS DEFECTS WILL BE CORRECTED. 12 Limitation of Liability. NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE US$20. THIS SECTION 12 (DLIMITATION OF LIABILITY) DATA PROVIDED THROUGH SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION 7 (RESTRICTIONS). TO THE SUMO LOGIC TECHNOLOGY MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE LIABLE TO YOU FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.DAMAGES

Appears in 1 contract

Samples: Licel Customer Agreement

Warranty Disclaimer. SELLER IS NOT A MANUFACTURER OF, OR A ------------------- DEALER IN, AIRCRAFT, NOR HAS SELLER INSPECTED THE AIRCRAFT PRIOR TO DELIVERY AND ACCEPTANCE BY BUYER. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THE XXXX OF SALE, SELLER DOES NOT WARRANT THE AIRCRAFT IN ANY WAY, OR MAKE ANY OTHER WARRANTY IN CONNECTION WITH THIS AGREEMENT (OR OTHERWISE REQUIRED THE SALE AND DELIVERY OF THE AIRCRAFT, IN ANY CASE, EITHER EXPRESSLY OR BY APPLICABLE LAW IMPLICATION, THE CONVEYANCE OF THE AIRCRAFT BEING MADE HEREBY ON AN "AS-IS, WHERE-IS" BASIS, WITHOUT POSSIBILITY RECOURSE TO SELLER, AND, WITHOUT LIMITING THE GENERALITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES THE FOREGOING, SELLER EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESDISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, EXPRESSFITNESS OR ADEQUACY FOR ANY PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO AIRWORTHINESS, DESIGN, VALUE, CONDITION, SUITABILITY, ABSENCE OF LATENT OR STATUTORYOTHER DEFECTS WHETHER OR NOT DISCOVERABLE, ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT OR ABSENCE OF OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER; AND BUYER HEREBY WAIVES, RELEASES, RENOUNCES AND DISCLAIMS EXPECTATION OF OR RELIANCE UPON ANY SUCH WARRANTY OR WARRANTIES. SELLER SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO BUYER OR ANY OTHER PERSON, WHETHER ARISING IN CONTRACT OR TORT OUT OF ANY NEGLIGENCE OR STRICT LIABILITY OF SELLER OR OTHERWISE, FOR (i) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY ENGINE OR ANY PART THEREOF OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCE IN CONNECTION THEREWITH, (ii) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY RISKS RELATING THERETO, (iii) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES OR (iv) THE DELIVERY, OPERATION, SERVICING, MAINTENANCE, REPAIR, IMPROVEMENT OR REPLACEMENT OF THE AIRCRAFT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND NOTWITHSTANDING ANY IMPLICATION TO THE CONTRARY CONTAINED HEREIN, SELLER HEREBY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE YEAR 2000 COMPLIANCE OF THE AIRCRAFT OR ANY PART THEREOF. FOR PURPOSES OF THIS AGREEMENT, THE TERM "YEAR 2000 COMPLIANCE" SHALL MEAN AND INCLUDE THE ABILITY OF THE AIRCRAFT AND EACH PART THEREOF TO ACCURATELY PROCESS, PROVIDE AND/OR RECEIVE DATE/TIME DATA (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYCALCULATING, TITLECOMPARING, NON-INFRINGEMENTOUTPUTTING AND SEQUENCING), FITNESS FOR A PARTICULAR PURPOSE OR USEWITHIN, FROM, INTO, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING BETWEEN THE TWENTIETH CENTURY AND THE TWENTY-FIRST CENTURY, INCLUDING LEAP YEAR CALCULATIONS SUCH THAT NEITHER THE AIRCRAFT NOR ANY PART THEREOF OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY SERVICE RELATED THERETO WILL BE UNINTERRUPTEDAFFECTED BY DATES/TIMES PRIOR TO, TIMELYON, SECURE AFTER OR FREE FROM ERRORSPANNING JANUARY 1, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL2000.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Tower Air Inc)

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) AGREE THAT YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET SERVICES SHALL BE AT YOUR REQUIREMENTS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIGG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR EXPECTATIONSIMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ZIGG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (BII) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROROUR SERVICES, (CIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS WILL BE CORRECTEDOR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ZIGG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY ZIGG WILL NOT BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY ISSUES RELATED TO TRANSACTION BETWEEN YOU AND THIRD­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PERFORMANCEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOU SHOULD USE YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLBEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: www.zigg.tv

Warranty Disclaimer. EXCEPT FOR THE WARRANTY OF TITLE AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONSET FORTH BELOW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS ITEMS ARE PROVIDED ON AN "AS IS" BASIS AND “WHERE IS” BASIS, WITH ALL FAULTS, LATENT AND PATENT. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY TEXAS INSTRUMENTS AND DO NOT APPLY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TEXAS INSTRUMENTS’ TRANSFER OF THE ITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED. RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE ITEMS PURCHASED HEREUNDER, INCLUDING WITHOUT WARRANTY OR LIMITATION: (i) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDITEMS, AND (Dii) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY ISSUES RELATED PARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE PERFORMANCEENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, OPERATION OR SECURITY AND RECIPIENT HEREBY ACKNOWLEDGES THAT IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, AFFILIATES, REPRESENTATIVES OR THIRD-PARTY DATAAGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTexas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Appears in 1 contract

Samples: Sales Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, UNDER THIS AGREEMENT INCLUDING REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE RESULTS TO BE EXPECTED FROM USE OF ANY OF THE LICENSED IP, OR FROM MANUFACTURE OR SALE OF ANY PRODUCT HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY UNDER THIS AGREEMENT FOR THE LICENSED IP; FOR THE ABILITY OR INABILITY OF LICENSEE TO USE THE LICENSED IP; FOR THE CLAIMS OF THIRD PARTIES RELATING TO ANY PRODUCTS MANUFACTURED OR SOLD BY LICENSEE; OR FOR ANY FAILURE IN PRODUCTION, DESIGN OR OPERATION OF ANY PRODUCT MANUFACTURED OR SOLD BY LICENSEE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT (ARE A FUNDAMENTAL PART OF THE BASIS OF EACH PARTY’S BARGAIN HEREUNDER, AND NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT ARISING OUT OF OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY RELATING TO ANY FACTS OR CIRCUMSTANCES WHICH CONSTITUTE A BREACH OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIEDANY REPRESENTATION OR WARRANTY OF LICENSEE UNDER THE APA, OR STATUTORY, INCLUDING, FOR WHICH LICENSEE WOULD OTHERWISE HAVE LIABILITY TO LICENSOR OR ANY AFFILIATE UNDER THE APA (WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE GIVING EFFECT TO ANY SURVIVAL PERIODS OR USELIMITATIONS ON LIABILITY SET FORTH THEREIN), AND WARRANTIES IMPLIED NOTHING IN THIS AGREEMENT SHALL DEROGATE FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, LICENSOR’S RIGHTS UNDER THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLAPA.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Quantrx Biomedical Corp)

Warranty Disclaimer. EXCEPT THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE WEBSITE ARE PROVIDED “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND PURPOSE. WESTERN DOES NOT WARRANT THAT ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE PART OF THE SUMO LOGIC TECHNOLOGY SITE WILL MEET YOUR REQUIREMENTS OPERATE UNINTERRUPTED OR EXPECTATIONSERROR-FREE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED ACCESS TO THE PERFORMANCESITE WILL NOT BE INTERRUPTED, OPERATION DISCONTINUED OR SECURITY ERROR-FREE. WESTERN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATAUSE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WESTERN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS OR SERVICES FOUND ON THIRD-PARTY DATASITES THAT LINK TO OR FROM THE WEBSITE. WESTERN CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES WESTERN MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, OR SERVICES PROVIDED THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLTHE LAW.

Appears in 1 contract

Samples: Website Terms of Use

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT PROVIDED HEREIN, NEITHER PARTY (INCLUDING ITS RESPECTIVE LICENSORS OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY SUPPLIERS) MAKES ANY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. COVALENT DOES NOT WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE SERVICES WILL BE ACCURATE, WITHOUT INTERRUPTION, OR ERROR-FREE. FURTHER, COVALENT, ITS SUPPLIERS AND LICENSORS PROVIDE NO WARRANTY OR REMEDY FOR ANY THIRD PARTY COMPONENT, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEFITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTSTITLE, AND ANY OTHER INFORMATION IS WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES; SUCH THIRD PARTY COMPONENTS ARE PROVIDED ON AN "AS IS," BASIS "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 1 contract

Samples: assets.website-files.com

Warranty Disclaimer. EXCEPT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW WITHOUT POSSIBILITY LAW, SECTIGO, ON ITS OWN BEHALF AND ON BEHALF OF CONTRACTUAL WAIVER): SUMO LOGIC ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND THIRD PARTIES SERVICE PROVIDERS, EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDINGOR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, THE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE, OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDTRADE PRACTICE. WITHOUT LIMITING LIMITATION TO THE FOREGOING, SUMO LOGIC SECTIGO PROVIDES NO WARRANTY OR UNDERTAKING, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE MAKES NO REPRESENTATION OF ANY KIND THAT THE SUMO LOGIC TECHNOLOGY LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR EXPECTATIONSWORK WITH ANY OTHER SOFTWARE, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE UNINTERRUPTEDERROR FREE, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC SECTION 12.1 AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO DYNATRACE DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR THE USE OF ANY DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SUMO LOGIC TECHNOLOGY PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET YOUR CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, ; (BC) YOUR USE OF ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE SUMO LOGIC TECHNOLOGY PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, TIMELYERROR-FREE OR VIRUS-FREE, SECURE OR FREE FROM ERROR, (C) ALL THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATEELECTRONIC COMMUNICATIONS. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE DYNATRACE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCEDELAYS, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATADELIVERY FAILURES, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE FOR ANY WRITTEN WARRANTY ACCOMPANYING THE TELETHERMOGRAPHIC SYSTEM, XXXXXXX CONTROLS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHER, INCLUDING, INCLUDING WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC XXXXXXX CONTROLS MAKES NO WARRANTY THAT THE TELETHERMOGRAPHIC SYSTEM WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE, OR THAT MESSAGES, ALERTS OR TEXTS SENT BY THE TELETHERMOGRAPHIC SYSTEM WILL BE TIMELY OR SUCCESSFULLY SENT, DELIVERED OR RECEIVED. NO CLAIMS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE MADE BY XXXXXXX CONTROLS AS TO THE SAFETY, RELIABILITY, DURABILITY AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT PERFORMANCE OF THE TELETHERMOGRAPHIC SYSTEM. FURTHERMORE, XXXXXXX CONTROLS ACCEPTS NO LIABILITY WHATSOEVER ARISING OUT THE APPLICATION OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONSTELETHERMOGRAPHIC SYSTEM, (B) YOUR USE NOR DOES XXXXXXX CONTROLS ASSUME ANY LIABILITY FOR THE SAFETY, RELIABILITY, DURABILITY AND PERFORMANCE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATETELETHERMOGRAPHIC SYSTEM. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ANY PERFORMANCE SPECIFICATIONS ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLVERIFIED.

Appears in 1 contract

Samples: files.lqdt1.com

Warranty Disclaimer. EXCEPT THE SERVICES ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, THE SERVICES ARE PROVIDED WITHOUT POSSIBILITY WARRANTIES OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESANY KIND, EXPRESS, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USENON-INFRINGEMENT. NO ADVICE OR INFORMATION, AND WARRANTIES IMPLIED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A COURSE OF DEALING JASPER OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THROUGH THE SUMO LOGIC TECHNOLOGY, REPORTS, AND SERVICES WILL CREATE ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDNOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SUMO LOGIC JASPER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR WARRANT CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO YOU THAT: (A) THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL MEET YOUR REQUIREMENTS SERVICES. FURTHER, XXXXXX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR EXPECTATIONS, (B) YOUR USE OF ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE SERVICES OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTEDANY HYPERLINKED WEBSITE OR SERVICE, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY XXXXXX WILL NOT BE ACCURATE. SUMO LOGIC A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATAPROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, OR SERVICES PROVIDED SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROLAPPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 9.1 ABOVE, THE TEALIUM OFFERING IS PROVIDED SOLELY ON AN "AS OTHERWISE IS," AND "AS AVAILABLE BASIS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TEALIUM EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USEAND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES IMPLIED FROM A COURSE ARISING OUT OF DEALING OR COURSE OF PERFORMANCE OR USAGE COURSE OF TRADE; ANDDEALING, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KINDRELATING TO OR AFFECTED BY WEB SITE VISITORS’ BROWSER SECURITY SETTINGS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMO LOGIC TEALIUM AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: PARTY PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES THAT (A) YOUR THE OPERATION OR USE OF THE SUMO LOGIC TECHNOLOGY TEALIUM OFFERING WILL MEET YOUR REQUIREMENTS BE TIMELY, UNINTERRUPTED, OR EXPECTATIONS, ERROR-FREE; AND (B) YOUR THE TEALIUM OFFERING WILL MEET CUSTOMER'S REQUIREMENTS. EXCEPT AS MAY BE EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, CUSTOMER USES THE TEALIUM OFFERING AT ITS OWN RISK. TEALIUM’S OBLIGATIONS AND WARRANTIES ARE ONLY FOR CUSTOMER’S BENEFIT AND NOT FOR ANY CUSTOMER OF CUSTOMER, OR ANY PARTNER OF CUSTOMER, AND ARE CONDITIONED ON CUSTOMER’S USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY MOST RECENT VERSION OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED TEALIUM OFFERING MADE AVAILABLE BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.TEALIUM TO CUSTOMER. Limitation of Liability

Appears in 1 contract

Samples: Master Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!